How to Get a K1 Visa for Your Same-Sex Partner

Peter Christopher • January 10, 2022

How to get a K-1 visa in the Philippines for US citizens and their Filipino fiance same-sex partners

The hard part is over. You and your Filipino partner have made the decision to be together forever. And hopefully this means being together in the same country.

What does love mean if we would deny it to others?

- DaShanne Stokes

You may still be living in the US, and he/she/them might still be in the Philippines. Your fiance will need to obtain a K-1 visa from the United States if you want to travel together. You can find the forms on the USCIS website. This is the most straightforward and fast part of the visa application process. You will learn more about the K-1 visa process and how long it takes for a K-1 Visa to be granted by the USCIS in Manila.


What are the steps to obtain a Visa for my Filipino Same-Sex Partner Fiance?


  • The USCIS website has the I-129F petition. It also includes instructions.
  • Second Step - DS160 K-1 fiance visa application filed at the US Embassy Manila Philippines. This will permit your fiance to legally travel to the US.
  • Third Step - I-485 Status change to USCIS for Green Card. This will allow your fiance permanent residence in the US.


The First Step confirms that you are in a real relationship and not just for financial gain. Your intention to marry is based on deep love and affection.


The second step is where the relationship can be tested and confirmed by the fiance. They might ask for proof of communication, such as love letters and text messages, emails and pictures. The USCIS will also review the criminal record of the fiance to determine if any criminal history could prevent the Filipino from proceeding with the application.


The Third Step confirms that you and your fiance got married within the promised timeframe of 90 days after you received your K1 Visa. It also confirms that the marriage was for love. Once the K-1 has been confirmed by USCIS, it can be changed or adjusted to Lawful permanent Resident (aka: Green Card). This will allow you and your spouse to start building a new life.


I want to be with my fiancé now! Is Gay Marriage Legally Recognized in the USA? What is the average time it takes to file a K-1 in The Philippines Manila Embassy?


  • Current USCIS processing times for I-129 forms are 6-8 months at all processing centers. You can check for a more accurate time for processing a K-1 Visa when you are ready to apply for the fiance Visa in the Philippines here: https://egov.uscis.gov/processing-times/
  • Currently, the processing time for the DS-160 described in the Second Step is 3-4 weeks. This electronic form will be submitted. However, the second step can take longer due to the backlog at US Embassy in Manila.
  • It can be difficult to determine the third step timeline. This process can take several months, or even years. It all depends on the USCIS Jurisdiction that you are located. As mentioned above we recommend checking the official USCIS site for the most accurate processing times here:       


My Visa Application for my Partner seems to be taking forever. Is there any way to check how long it takes?


Yes. It can be hard to be without the people you love. For many couples, waiting can lead to anxiety and emotional drain. There is an option to review your application.


To check the average processing time, first visit the USCIS website. If you do not have this information, ensure that you select the right form type and the appropriate processing center. You can submit an electronic form to request assistance from a USCIS Officer if your application took longer than the USCIS average time. It is important to note that you must submit this form within the timeframes posted by the USCIS.


You can submit an electronic request to the USCIS website to request assistance from a USCIS Officer to review your file and determine why it is taking so long. This link will allow you to view the submission option after you have checked the average processing time. The average processing time is the maximum time you can submit a request.


 It is important to note that you cannot submit a request earlier than the average processing time posted on the USCIS website. Electronic Request for USCIS Officer Review Submission link: https://egov.uscis.gov/e-request/displayONPTForm.do?


How will I find out if my fiance and I qualify for an I-129F filing


  1. The US Citizen must be willing to file the paperwork and participate in it.
  2. Real love is the only goal of a relationship.
  3. The US Citizen and Filipino must have met in person within the past 2 years. This means that they must have been physically present at the same time (physically, in the same city or country) This is not possible with Skype or any other video chat method.
  4. The US Citizen and Filipino intend to marry within 90 days of entry. These are your intentions. This was also promised on the visa forms.
  5. Legally, the Filipino citizen and US citizen must be "free to marry." This is especially important in the Philippines where divorce can be difficult. Make sure that the Philippine government recognizes a Filipino divorce.
  6. The US Citizen can provide a steady income to support the couple and other members of the household. It also exceeds Federal Poverty Level Guidelines.


How can we file a letter of intent to begin the K-1 Visa Process in Philippines?


It is quite simple. Here are two templates and correct mailing addresses to file your application.


https://eforms.com/letter-of-intent/to-marry/


What documents will the Filipino fiance need to provide to the USCIS in order to submit an Immigration Application?



How many interviews are there during the immigration process?


Usually, there are two interviews for the K-1 Visa application in the Philippines.


  1. Part of the Second Step is the interview. This interview must be done by the fiance alone. The embassy will not allow the US citizen to enter the country if they are already there. They will have to wait elsewhere during this time.
  2. After you have completed the Third Step, the interview will take place again. Both the husband and wife must be present.


Do you have any tips or instructions for K-1 Visa Philippines Consular Interviews?


First, ensure you have all the necessary documents for the consular interview. You will need many documents and if you forget one, it could cause delays in your application.


Do not practice for the interview. To prove you are truly in love, the Officer will need to see honest and unrehearsed answers. The interviewing Officer will not find it natural if you sound too practiced or rehearsed.


The Manila Embassy has a huge list of documents and other items required for consular interviews.

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html


What amount of money does my US citizen fiance need to make if I want to come to the US?


A US citizen must show that they have a steady income and that their earnings are higher than the poverty level of the state where the couple lives. You can check the most current information about the Federal Poverty Level here: https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines/prior-hhs-poverty-guidelines-federal-register-references/2021-poverty-guidelines


Notable: Hawaii and Alaska have higher incomes than other states.

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