Immigration, legislation and legal resources
Welcome to my Immigration page.

I will regularly write about immigration and provide you with the tools to make your journey smoother.

(BOOKMARK THIS PAGE)

One Essential Rule for Immigration Submissions.

Be HONEST! You will get caught eventually and will only make life more difficult. If an Immigration Officer becomes suspicious about the validity of your relationship he can make your life very difficult. The main thing Immigration want to establish is whether or not you are in a genuine and lasting realtionship.


Entering The U.S. As A Fiancee

Marriage to a United States citizen qualifies one for a green card or work permit. If the marriage occurs abroad, the green card petition must be filed through a U.S. Consulate in the applicants country. The application will take 6-8 months and the applicant must wait outside of the U.S.
Most couples prefer to undertake the entire green card application process in the U.S., so that they can live together and work while they patiently wait for the bureaucracy to grind out the green card approval notice.
Rather than force people to lie about the purpose of their entry to the U.S., in 1970 Congress created the K-1 or fiancee visa category. The K-1 visa permits a fiance to enter the U.S. as long as the marriage takes place with in 90 days of entry. The visa may not be extended so be sure to marry with in 90 days. The applicant may work in the U.S. during the 90 day period.
Immediately after the marriage, the couple may file the green card petition, form I-130 and the adjustment of status petition I-485 with INS. The K-1 visa tends to reduce the INS processing period because the K-1 visa application process requires much of the same information the INS requires for the green card petition.
The U.S. citizen must file form I-129F on behalf of their fiancee by mail at one of the four INS regional processing centers. The form includes personal data for each applicant, proof that the applicants have met in the two years prior to application (photos and passort entries) and a statement that the applicants intend to marry within 90 days of entry to the U.S. Both must prove that they are free to marry
the U.S. citizen must show evidence of his ability to support his spouse. The last three tax returns and an affidavit of support is now necessary. If the application is approved , INS will send the file to the Consulate nearest the residence of the alien fiance. The Consul will conduct security clearance procedures and then schedule an interview, much like a permanent residence interview. The applicant must supply pictures, a medical exam, and an affidavit of support.
The green card interview and K-1 interview procedures are almost identical. If the Consul issues the visa, the supporting documents are put in a sealed envelop for presentation to INS at the port of entry. This same package can be used for the adjustment of status and green card application with INS after the marriage.
The fiancee has 4 months from the date of visa petition approval to apply for the K-1 visa at a U.S. Consulate. Although the four month period may be extended, each extension requests casts doubt on the ultimate intention to marry in the U.S. The fiancee must either marry with in the 90 day period or leave the U.S. If the fiancee leaves prior to the expiration of the 90 day period and returns, he or she will only be admitted for the balance of the first 90 day period.
Fiancee dependents receive a K-2 visa, which doesn't permit employment but does permit certain education.
Allow 8-10 months for the entire process after application is made. you may not work during this time.
To maintain your green card you must establish a permanent residence in the U.S. If you leave the U.S. for one year and return, your green card may be revoked.
Proof of permanent residence includes owning U.S. property, renting or owning a house, paying U.S. taxes, maintaining U.S. bank accounts, credit cards, paying utilities etc.
If you have a green card and you know you will be out of the country for a long period of time, in excess of six months, you should apply for a Re-entry Permit. The re-entry permit is a travel document that INS considers as proof that you paid U.S. taxes and that you have no intention of abandoning your permanent residence in the U.S.A. To obtain a reentry permit you must file form I-131 with photographs, proof that you have a green card and a statement describing your reasons for departing the U.S. for a long period of time. Acceptable reasons include family illness, transfer to a job in a foreign position, business reasons. Re-entry permits are valid for two years.

For more information, see: Visa Services

Australia and Australia

We're the experts in Philippines to Australia and Australia.

Immigration to Australia - Information Portal

Here's a quick run down:
First you must have met your fiancee. She can get a 3 month visitors visa to Australia or you can visit her country.

If vist Philiippines you get automatic 21 day visa when you enter. For a longer period go to a Philippines consulate in Australia before you go.. (Otherwise you will pay large bribes if you try to extend in the Philippines)

Then she must apply at the Australian embassy nearest to her. It will cost $1,000 AU (unless it's gone up again) to apply. You also have to pay a small amount to get the required documents first. She must apply in her own country.

Fill out all the forms very carefully and supply A LOT of evidence to support the fact that your relationship is genuine. Photo's letters (envelopes) etc. You should get a list with the application papers. Everything she needs is in the papers. Includes birth certificate, NBI - this must be less than 6 mnths old. NSO - etc..ask me if you want more detail.

It usually takes 4 - 8 months to go through. The better your paperwork the quicker. After 3 months you can ring up and ask the receptionist to look on her computer by quoting your application number.

The United Kingdom

All Philippine citizens must have a visa before they can enter the United Kingdom, or indeed before they can board a flight to the UK. Applications are made to the British Embassy and the address is as follows:

The British Embassy
Floors 15-17
L V Locsin Building
6752 Ayala Avenue
Corner Makati Avenue
1226 Makati City
Metro Manila
Philippines

Telephone: 00 63 2 816 7271 or 00 63 2 816 7272 or 00 63 2 816 7348

Fax: 00 63 2 810 2745

E-mail: bremb@skyinet.net

Please note the different types of visa available (see below).
Note especially that fiancée visas are not available if the couple have not met.
The only possibility then is a visitor's visa - and the lady must return to the Philippines
when her visit has finished.
All applicants are interviewed by the British Embassy in Manila.
When visa applications are submitted the applicant is given a date to attend for interview.
This date could be a matter of 8 - 10 weeks later.
There is also a British Consulate in Cebu:
British Consulate
35 Paseo Eulalia
Maria Luisa Estate Park
Banilad
6401 Cebu City
Philippines
Telephone: 00 63 32 460525
Fax: 00 63 32 460269
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MARRIAGE IN THE PHILIPPINES

Deciding to Marry
When you decide that you intend to get married in the Philippines you must approach the
Registrar for Marriages for the area in which you live in the United Kingdom. This will cost £21.
On weekdays only, go to the Marriage Registrar's Office and inform the Registrar that you
intend to marry overseas. Bring with you your Birth Certificate or Passport
and, if divorced, your Divorce Decree Absolute.
You will be asked a number of questions about yourself and the intended bride -
her name, age, address and occupation. You will be asked where you intend to get married -
just state the name of the town/city where the lady is living and state City Hall or church for the
actual location of the marriage. It will not matter if, in fact, you decide to marry somewhere
else in the Philippines.

Issue of Certificate

After 21 days the Marriage Registrar will issue you with a certificate that declares that you are
free to marry - the certificate is valid for six months. This certificate must be brought with you to t
he Philippines and has to be submitted to the British Embassy in Manila.

Certificate from the British Embassy

When you arrive in the Philippines you bring the Certificate that was given to you by the
Marriage Registrar and your Passport to the British Embassy in Manila.
You request a Certificate of No Impediment to Marriage and this will be issued in a
few minutes for a fee of about £21. The Philippine Authorities will call this certificate the
Certificate of Legal Capacity to Contract Marriage.
When visiting the British Embassy you go to the uncrowded Consular Section and
not to the Visa Section which is very crowded.

Philippine Marriage Registrar

In order to get married the couple have to visit the Philippine Marriage Registrar for the area
they intend to get married in. The man must produce his passport and the Certificate of
No Impediment to Marriage issued by the British Embassy.
The lady will have to present her Birth Certificate, Resident's Certificate and a
pre-printed letter of consent from her parents if she is under 25 years of age.

Length of Time

After the couple have applied to be married they have to wait 10 days for the Marriage License
to be issued. Once the Marriage License has been issued the couple can marry straight away
or whenever they wish. While waiting for the Marriage License the couple could be arranging who
will marry them and where they will marry - and of course, the marriage can take place as soon
as they have the Marriage License.

Who will perform the Marriage?

A judge, mayor, priest or minister of any religion or sect can perform the marriage. It would be
a good idea to enquire what fee a judge or mayor might be expecting. Ministers of religion are not
concerned about fees since their church may well have a set fee for a wedding which is likely to be low.

Church Marriages

If you are intending to be married in a church then you approach the minister of religion directly
and make the necessary arrangements. Experience shows that marrying in Protestant Churches
is quite easy.

Marriage in the Catholic Church

If marrying in the Catholic Church certain requirements need to be met. It should be noted that
the Catholic Church is not at all keen on quick marriages and a lot will depend on the priest concerned.

Catholics should bring their Baptismal Certificate and First Holy Communion and Confirmation
certificates would be useful. The Baptismal Certificate is essential even if the other certificates
cannot be found. Non-Catholics could bring along their baptismal certificates also. Catholics
could bring a letter from their parish priest which could help their case if the Catholic Church is
unwilling to marry the couple. Men who are divorced may not marry in the Catholic Church.
The best Policy would be for the lady to see her Parish Priest well in advance of your arrival
in the Philippines in order that she can find out what the policy of the church is. It is unlikely that
genuine couples will have problems marrying in the Catholic Church. The lady may be expected
to attend some instruction sessions on marriage which she can attend before you arrive.

ESSENTIAL

Make absolutely sure you have all the documents from the Philippine Marriage Registrar
that will be required by the British Embassy when application is made for the visa.
The lady could check out these details on marriage before you arrive - this saves valuable
time during the limited duration of your stay.
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VISA REQUIREMENTS (PHILIPPINE WIVES)

Once marriage has taken place in the Philippines it will be necessary for the bride to apply
for a visa in order that she can settle in the United Kingdom with her husband.
All applicants are interviewed (not their husbands) and there can be a wait of several
weeks for the interview. The interview is not a formality and there are refusals.

Requirements

The bride must complete and sign Visa Application Forms IM2A, IM2B and an index
card which are obtained from the British Embassy in Manila.
The bride must submit her passport and two passport size photographs.
A substantial visa processing fee is payable in Philippine currency.
The husband of the bride must provide evidence that he is a British citizen.
Such evidence would be his passport if he happens to be in the Philippines when the visa
application is being submitted. Alternatively, photocopies of the pages of his passport
showing his personal details, photograph and Philippine Immigration entry stamps.
Details of the Philippine marriage documents must be provided as follows:
Original Marriage Contract plus one photocopy of this contract.
Certified true copy of the Marriage License plus one photocopy of this license
('Certified' means that the Philippine Marriage Registrar or an attorney declares
that the document is a true copy). Photocopy of the Certificate of No Impediment issued to the husband by the
British Embassy in Manila. All of the documents listed in 5(a). 5(b). 5(c) must be submitted exactly as stated.
If they are not the visa application will not be accepted until they are handed in.
The man must provide evidence that he can maintain both himself and his wife in
the United Kingdom. Such evidence would be the following:
Bank statements for the past six months.
Photocopies of building society savings books or Post Office Savings books or other
evidence of savings.
Additional evidence would be monthly/weekly wage slips going back six months or the
yearly statement of pay/tax provided by the Inland Revenue each April. Self-employed
men should provide a statement from their accountant.
The man must provide evidence that he has adequate accommodation for himself and
his wife in the United Kingdom. Such evidence would be the following:
A letter from the building society or other mortgage lender stating that the mortgage is
being paid for a property or the annual statement of account from the mortgage lender.
If the accommodation has been paid for then a copy of the title deeds to the property
should be submitted.
If the accommodation is being rented a photocopy of the rent book or some other
evidence to show that rent is being regularly paid.
If the man is in the process of purchasing a property it would be a good idea to provide
evidence of this also.
If the lady has any children then their birth certificates and photocopies should be submitted.
The British Embassy must be satisfied that the couple intend to live permanently together
as husband and wife, and that the lady has not married just to gain admittance to
the United Kingdom. Correspondence between the couple prior to the marriage might
be useful to include.

Submission of Visa Application

All the items mentioned are handed to the British Embassy in the morning and one returns
the next day to be told the interview date or of requests for further details.
The interview date may be several weeks beyond the date when the application is submitted.

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VISA REQUIREMENTS (PHILIPPINE FIANCÉES)

Once a man and a Philippine lady decide that they will marry in the United Kingdom it will
be necessary for the lady to apply for a visa in order that she can enter the United Kingdom.
All applicants are interviewed (not their fiancés) and there is a waiting list. The interview is
not a formality and there are refusals.

Requirements

The lady must complete and sign Visa Application Forms IM2A, IM2B and an index card which
are obtained from the British Embassy in Manila.
The lady must submit her passport and two passport size photographs.
A substantial visa processing fee is payable in Philippine currency.
The man (fiancé) must provide evidence that he is a British citizen. Such evidence would be
his passport if he happens to be in the Philippines when the visa application is being submitted.
Alternatively, photocopies of the pages of his passport showing his personal details,
photograph and Philippine Immigration entry stamps.
Evidence must be provided that the couple has actually met each other.
Such evidence would be a photograph of the couple together. Letters written over a
period of time should be submitted - this would be an indication that the couple has
been corresponding for a lengthy time.
Evidence must be provided that both man and lady are free to marry. If either has been
married before the Divorce Decree Absolute or death certificate of the former spouse must
be submitted. The man must obtain a certificate that he is free to marry from the British Marriage
Registrar for the area he is living in.
Evidence must be provided that the couple intends to marry within six months of the lady's
arrival in the United Kingdom. A letter from the man stating that marriage will take place
within six months is sufficient - an indication of the likely date and location would be useful.
The man must provide evidence that he can maintain both himself and his wife in the
United Kingdom. Such evidence would be the following:
Bank statements for the past six months.
Photocopies of building society savings books or Post Office Savings books or other
evidence of savings.
Additional evidence would be monthly/weekly wage slips going back six months or the
yearly statement of pay/tax provided by the Inland Revenue each April. Self-employed men
should provide a statement from their accountant.
The man must provide evidence that he has adequate accommodation for himself and his
wife in the United Kingdom. Such evidence would be the following:
A letter from the building society or other mortgage lender stating that the mortgage is
being paid for a property or the annual statement of account from the mortgage lender. If the accommodation has been paid for then a copy of the title deeds to the property should
be submitted.
If the accommodation is being rented a photocopy of the rent book or some other evidence
to show that rent is being regularly paid.
If the man is in the process of purchasing a property it would be a good idea to provide evidence
of this also.
Evidence showing where the lady will be staying before the marriage - for example, if staying
with relatives a letter from the relative stating this. Of course, it might be the case that the couple
will be living in the same accommodation before the marriage is to take place.
If the lady applicant has any children their birth certificates (plus photocopies) must be submitted.

Submission of Visa Application

All the items mentioned are handed to the British Embassy in the morning and one returns the
next day to be told the interview date or of requests for further details. The interview date may
be several weeks beyond the date when the application is submitted.
If granted, the visa is valid for six months. The lady must return to the Philippines if she doen't
get married before the six months have expired.
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VISA REQUIREMENTS (PHILIPPINE VISITORS)

If a Philippine lady wishes to visit the United Kingdom it will be necessary for her to apply
for a visa in order that she can travel to the UK. Visitors from the Philippines are likely to be r
elatives of families living in the UK or friends of pen pals. Most applicants are interviewed
and there is a long waiting list for people intending to visit pen pals. The waiting list (if any)
for relatives is much shorter. It is, of course, the applicants who are interviewed -
not those they are visiting.

Requirements

The applicant must complete and sign Visa Application Form IM2A and an index card
which are obtained from the British Embassy in Manila.
The applicant must submit a passport and two passport-size photographs.
A visa processing fee is payable in Philippine currency.
The applicant must provide evidence of sufficient funds for the visit. Such evidence
would be a Philippine Bank savings book, Philippine income tax return etc.
If the applicant is employed a letter from the employer granting leave of absence for the visit.
Letter of invitation from the person being visited in the United Kingdom. This person should
state that he/she intends to maintain the applicant while she is in the UK.
It is unlikely that the applicant would have sufficient funds for the visit to the UK.
Therefore the British Embassy will require evidence that the person who is inviting t
he applicant to the UK has sufficient money and accommodation to maintain the
visitor in the UK. Such evidence would be the following:
Bank statements for the past six months.
Photocopies of building society savings books or Post Office Savings books or other
evidence of savings.
Additional evidence would be monthly/weekly wage slips going back six months or the
yearly statement of pay/tax provided by the Inland Revenue each April. Self-employed
men should provide a statement from their accountant.
A photocopy of the rent book or mortgage account would provide evidence that the person
issuing the invitation has sufficient accommodation for the visitor.

Submission of Visa Application

All the items mentioned are handed to the British Embassy in the morning and one returns
the next day to he told the interview date or of requests for further details.
The visa is valid for six months.
Once the visitor is in the UK she cannot extend her stay and MUST RETURN TO THE
PHILIPPINES. If the visitor marries, for example, she will still have to return to the
Philippines and apply for a visa for permanent settlement in the UK.
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LONG TERM RESIDENCE IN THE UK

On arrival in the UK a foreign lady with a wife visa has an immigration stamp made in
her passport entitling her to reside in the UK for up to one year from the date of her arrival.
She may work during this time if she wishes.
Towards the end of this 12 month period she must apply to the Immigration and Nationality
Directorate (IND) for leave to remain in the United Kingdom indefinitely.
The IND is a branch of the Home Office. Application forms can be obtained from its
headquarters in Croydon. The address is as follows:

Immigration & Nationality Directorate
Lunar House
40 Wellesley Road
Croydon
CR9 2BY

Telephone: 0181 686 0688

It is best to make the application by post, since the office itself is always crowded with
a queue of people waiting for several hours.
A lot of documents have to be submitted with the application; a similar checklist to those
for a visa application.
The IND can also advise on the requirements which have to be met for the eventual
acquisition of British Citizenship.

For more information, see: UK Government Visa Application

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