Visit USCIS.gov.  The forms there make applying for a Fiancee or Spousal visa look as simple as applying for a drivers licence. Anyone can fill in his name, address, Mother’s birthdate, pay a fee and a few months later his bride arrives. Easy-Peasy.

Where most petitioners get into trouble is they do not notice that somewhere in the middle of all of these ‘fill in the blank’ questions, is one terribly important ‘essay question’.  This must be answered completely and well.  If not done right the entire petition may fail.

Provide EVIDENCE you have a genuine relationship

I got a call from a man who had just returned from Vietnam. He had spent a half year with his girl friend, was there for the delivery of their baby. But he did not provide enough evidence with his original petition, and apparently they did not believe they needed to bring much with the fiancee to the consulate interview. His petitition was summarily denied. I am now working with him to submit a proper petition. (he had done his denied petition himself). I hope within a year, his fiancee and child will be reunited with him.

I also got a call from a gal, a naturalized American originally from India, her fiancee had just been given a blue slip in Mumbai. The blue slip asked the same critical question ‘provide evidence you have a genuine relationship’. They were lucky, as they were  given a second chance to provide it.

Most couples in similar circumstances just get denied.

I helped her assemble a proper package of  evidence, and convinced her to travel back to India with the ‘mini petition’ I had prepared to demonstrate by her presence, her sincerity in support of the petition.   It was approved and she and her fiance traveled together back to Los Angeles.

Petitioners who submit only the basic USCIS forms, plus the ‘usual’ suspects of identity documents, but who neglect to provide ample supporting evidence of the relationship, are putting their petition in jeopardy. Providing the bare minimum of documentation, then wishfully thinking, ‘my fiancée will be able to explain everything during her interview’,  gets couples into trouble.

A good petition ‘Prepares the beach’ with ample, well selected, compelling proof, so that the consular officer after he reviews the file prior to the meeting, starts the session with ‘a good feeling’ about the couple.

For specific details on what evidences to provide that ‘Demonstrate a Genuine relationship‘ watch this video http://fianceevisaservices.com/youtubegenuinerelationship.html

If enough good evidence is presented properly the girl should have a pleasant ‘soft ball’ interview.  If not, she could leave the consulate in tears.

No matter what, whether your fiancee can ‘think on her feet’, whether you assume it is ‘obvious to anyone’ your relationship is genuine, even if you plan to attend the interview yourself, make sure you provide  abundant and quality evidence in your petition to demonstrate the bona fides of your relationship.

How immigration will treat you, depends on how long you overstayed.

If you overstayed 1 – 180 days, they will probably ignore the overstay, “no harm no foul”

If you overstayed 181 to 355 days, you are banned from applying for any new visa for 3 years from the time you left the USA.

If you overstayed over a year, you are banned from applying for any new visa for 10 years from the time you left the USA.

I hope that you overstayed less than six months.

While USCIS and later NVC are processing this request, your status is not affected.

This means that until you actually have your interview at the US consulate, and they grant you the K1 visa, whatever current visas you may have ARE NOT affected.

So, you can come to the usa. However if you do, you must adhere to the terms of the visa you are traveling under.

The most important term, is “you can NOT intend to stay”. You should intend to return to home country, and there is where you will have the K1 visa interview.

At the border, the immigration agent has the authority to send you back in case he suspects you may be planning to violate the terms of the visa you now have. A confirmed return air ticket, a solid job back at home, will help to demonstrate your intentions to return to home country.

If you were just coming to the USA for sightseeing, you would need to apply for a tourist or visitor visa. The US government will gladly issue these to Filipinos who are well off, and have strong ties to the Philippines, like great jobs, or real estate. Basically to people that immigration is confident will only visit for a while, then return right back to where they came from.

If you are only planning to visit the USA, get married, then return to Korea. Immigration might allow the tourist visa. The more you can guarantee to go back, then the more likely it would be granted.

If you are really planning to come to the USA, get married, and stay here, then the tourist visa would not work. If you used one then got married, immigration might deport and ban you from the USA for a long time.

You have two real choices. Ask your fiancee to apply for a Fiancee Visa for you. This allows you to come to the USA to marry him, then apply to live here permanently.

Or Marry in Korea, then have your husband apply for a Spousal Visa for you.

Most tours of duty are about 2 years, so be sure to apply about 12 to 8 months before your fiancee returns to the USA so that you won’t be separated.