Frequently Asked Questions

My visa application has been refused. Why can’t I get my money back?
The fee that you paid is an application fee. Everyone who applies for a U.S. visa anywhere in the world must pay this fee, which covers the cost of processing your application. As the application form states, this fee is non-refundable regardless of whether you are issued a visa or not, since your application was processed to conclusion. As one example, if your application was refused under Section 214(b) and you choose to reapply for a visa, whether at this Embassy or elsewhere, you will be required to pay the visa application processing fee.

I have dual citizenship. Which passport should I use to travel to the United States?
All U.S. citizens, even dual citizens/nationals, must enter and depart the United States using his/her U.S. passport.

I would like to know if my friend has applied for a visa and what the status is. Who should I contact?
The sole person to contact with is your friend, the visa applicant. Under U.S. law, specifically the Immigration and Nationality Act (INA) 222(f), visa records are confidential. Therefore, the visa applicant should be the one to inquire at the U.S. embassy or consulate abroad where he/she applied regarding necessary information about visa application status. Because of confidentiality of visa records, you’ll need to ask your friend, the visa applicant your questions about whether a visa application was made, or a visa was issued or denied.

I have dual citizenship. Which passport should I use to travel to the United StatesMy visa will expire while I am in the United States. Is there a problem with that?
No. If the Department of Homeland Security, Customs and Border Protection Immigration Officer at the port of entry (generally an airport) admitted you into the United States for a specific period of time, s/he will note your authorized period of stay on your I-94 card, called an Arrival Departure Record. You will be able to remain in the United States during your authorized period of stay, even if your visa expires during the time you are in the United States. Since Form I-94 documents your authorized stay and is the official record of your permission to be in the U.S., it is very important to keep inside your passport.

My old passport has already expired. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?
No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. Both passports (the valid and the expired one with the visa) should be from the same country and type. When you arrive at the United States port of entry (POE) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation “VIOPP” (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.

What is K1 Fiance(e) Visa?
The K1 fiance(e) Visa is non-immigrant visa which allows the fiancé or fiancée of a U. S. citizen to enter into the U.S. and get married to the U.S. citizen.

Who is eligible for K1 Visa?
As a fiancé of fiancée of a U.S. citizen you are eligible if you are:

  • Legally eligible to marry under the law of both the nations
  • Planning to getting married within 90 days of your entering the U.S.
  • Entering the U.S. solely for the purpose of marriage

How long can I stay in the U.S. on K1 Visa?

  • A k1 visa is issued with a validity of 6 months. You have to enter the U.S. before the expiry date shown on your k1 visa
  • After your arrival in the U.S., you have 90 days to get married or you must return to your home country. there is no legal way to extend the 90 day limit
  • Once the marriage has taken place in the U.S., you must apply to adjust to permanent resident status. Note that you would first generally obtain a two-year conditional residency and would have to file additional paperwork later for the conditions to be lifted.

Can my fiancée come to the USA on a work visa?
Your fiancee’s qualifications are the main factor in whether she might be a candidate for a work visa or not. If she is a nurse or in some other highly sought out field, she has a chance. But if not, you will only be wasting your time. The USCIS will not approve your for jobs that are not highly in demand.

What documents do you need to show that you are a U.S. citizen?

  • If you were born in the United States, give USCIS a copy, front and back, of your birth certificate.
  • If you were naturalized, give USCIS a copy, front and back, of your original Certificate of Naturalization.
  • If you were born outside the United States and you are a U.S. citizen through your parents, give USCIS:
    1. Your original Certificate of Citizenship
    2. Your Form FS-240 (Report of Birth Abroad of a United States Citizen)

In place of any of the above, you may give USCIS a copy of your valid, unexpired U.S. passport issued with a validity period of at least five years. You must submit copies of all pages in the passport.

Baptismal certificate: A copy, front and back of the certificate under the seal of the church, synagogue or other religious entity showing where the baptism, dedication or comparable rite occurred, as wll as the date and place of the child’s birth, date of baptism and names of the child’s parents. The baptism must have occurred within two months after the birth of the child.

Do I need a lawyer to file my fiancée Visa Applications?
You do not need a Fiancee Visa lawyer or Immigration attorney to apply for a K1 Fiancee Visa. Bigstart Travel and Visa Assistance can assist you with the entire K1 fiancee visa process from start to finish for a tiny fraction of what a fiancée Visa lawyer or Immigration Attorney would charge you.

Attorneys cannot get your visa petition approved any faster than we can, even though they may say they can. The fact is the USCIS will not accept additional fees to expedite your visa approval.

Since we are not attorneys, and we do all the work ourselves, we do not need to charge the high fees that are typically charged by Immigration Attorneys. Many attorneys actually send the work to paralegal assistants and do not do the paperwork themselves.

What documents are required for the K1 fiancee interview? What documents are required for the fiancée K1 visa interview?

  1. Original Appointment Letter.
  2. DS-156, 2 each (1 with proof of payment) (with two-2×2 Passport photos).
  3. DS-156K, 1 each
  4. DS-157,2 each
  5. Birth Certificate from NSO
  6. NBI Clearance
  7. Certified copies of divorce or annulment documents (if any).
  8. I-134 Affidavit of Support
  9. Last U.S. federal Tax Return
  10. W-2’s
  11. Pay Statements
  12. Bank Statements
  13. Evidence of Genuine Engagement, Photos showing the two of you together, Plane Tickets, letters and correspondence, Receipts of Stay, Phone Bills.

The USCIS is very interested in being certain that it is not a “sham” marriage for the purpose of immigration.

How hard and long is it to get a relative from Philippines to be approved for a US Visitation Visa?
There is no such thing as a ‘visitation’ visa if you are talking about something different than a B1/B2 visa. The standard visitor visa falls under the umbrella of B1/B2 (B2 usually) . In addition, the U.S. relative doesn’t get these visitor visas for relatives. The relatives must apply for them directly from the manila Embassy.

My income level is too low to qualify as a sponsor under the government’s rules. Is there any way to avoid this requirement?
No. You can’t avoid the sponsorship requirements. However, it’s possible to find a co-sponsor to help with you with this problem. co-sponsor must be able to meet all the government’s financial and document requirements just as though he or she were the sole sponsor. You must submit all your forms and documents as well, even if they show a low level of income.