US spouse visa for Filipino nationals
What this visa is
The CR-1 and IR-1 immigrant visas allow the husband or wife of a United States citizen to move to the US permanently. It is a settlement route, not a visitor visa. The applicant enters the United States as a lawful permanent resident and receives a green card shortly after arrival.
The Philippines is one of the largest sources of family based immigration to the United States. All Filipino immigrant visa applicants interview at the US Embassy in Manila.
If the couple has been married for less than two years on the day the applicant enters the US, the visa is a CR-1 and the green card is conditional for two years. Two years or more and it is an IR-1, which produces a ten year green card.
Who can apply
You can apply if you are legally married to a United States citizen and the marriage is valid where it took place. A marriage solemnised in the Philippines by an authorised officiant and registered with the Philippine Statistics Authority is recognised. A marriage celebrated abroad must be reported to the Philippine Embassy or Consulate so that a Report of Marriage is issued.
Both spouses must have been free to marry on the wedding day. This is the point where Filipino cases most often run into difficulty, and it is covered in detail below.
Who can sponsor
The sponsor must be a United States citizen. Spouses of green card holders fall into the F2A category instead, which has annual limits and a waiting list.
The sponsor must live in the United States or show that they intend to re establish domicile there by the time you arrive.
Financial requirement
The sponsor signs Form I-864, the affidavit of support, a contract with the US government that is enforceable in court.
The sponsor must show household income of at least 125 percent of the federal poverty guidelines. For a household of two in the contiguous states this is $27,050. If income falls short, the gap can be covered with assets worth three times the shortfall, or with a joint sponsor who meets the income test independently. Active duty military sponsors need only 100 percent.
Previous marriages, annulment and recognition of divorce
The Philippines does not permit divorce between two Filipino citizens. If either spouse was previously married in the Philippines, the earlier marriage must have been ended by a court decree of annulment or a declaration of nullity, and the decree must be annotated on the PSA marriage record.
If a Filipino citizen was previously married to a foreign national who obtained a divorce abroad, that divorce must be recognised by a Philippine court before the Filipino spouse is free to remarry. A foreign divorce decree on its own is not enough. The court order and the annotated PSA record are both required.
Applicants who remarried without completing this step may find that the second marriage is treated as void, which means the immigrant petition fails. Take legal advice before filing if there is any doubt.
Step one: the I-130 petition
Your spouse files Form I-130 with USCIS from the United States, with the PSA marriage certificate, proof of US citizenship, evidence of the relationship, and proof that any previous marriages were properly ended.
Once approved, the case is transferred to the National Visa Center.
Step two: the National Visa Center
The National Visa Center collects the DS-260 application, fees, the affidavit of support, and all civil documents. The case only progresses once it is documentarily qualified.
Philippine civil documents must be issued by the Philippine Statistics Authority on security paper. Local civil registrar copies are not accepted in place of PSA copies. If the PSA record is marked as unavailable or negative, you will need a certificate of non availability together with the local registrar copy.
Step three: the interview in Manila
Interviews take place at the US Embassy in Manila on Roxas Boulevard. Applicants from anywhere in the country attend there, so applicants from Visayas and Mindanao should budget for travel and accommodation.
Interviews are normally conducted in English, with Tagalog or another Philippine language available. Bring original documents even where copies were already submitted online.
Medical examination
You must be examined by an approved panel physician before the interview. In the Philippines this is the St Luke’s Medical Center Extension Clinic, which has locations serving Manila and Cebu. The clinic must be booked in advance through the embassy’s appointment system.
The examination covers a physical check, chest x ray, blood tests and vaccinations. Bring your immunisation records. Results go directly to the embassy.
CFO guidance and counselling
Filipino citizens emigrating on a spouse visa must complete the Commission on Filipinos Overseas guidance and counselling programme and obtain a CFO certificate and sticker in the passport. This is checked by immigration at the airport on departure, and you will not be allowed to board without it.
Book the CFO session after your visa is issued and before your flight. Sessions are held in Manila, Cebu, Davao and several other cities.
Police certificates and civil documents
You need an NBI clearance issued by the National Bureau of Investigation for travel or immigration purposes. Standard local police clearances are not accepted. If you have lived in another country for twelve months or more since turning 16, you will also need a police certificate from that country.
Documents needed
- Valid Philippine passport
- PSA issued marriage certificate, or Report of Marriage if you married abroad
- PSA issued birth certificate on security paper
- Court decree of annulment or nullity, annotated on the PSA record, if previously married
- Judicial recognition of a foreign divorce, if applicable
- NBI clearance for travel or immigration purposes
- Court and prison records if ever arrested or convicted
- Sponsor’s proof of US citizenship
- Sponsor’s federal tax return, W-2 forms and recent pay stubs
- Completed Form I-864
- Medical examination results from St Luke’s
- Two US visa format photographs
- Evidence of a genuine and continuing relationship
- CFO certificate and sticker before departure
Costs
- Form I-130: $625 online, $675 on paper
- Immigrant visa application fee (DS-260): $325
- Affidavit of support review fee: $120
- Medical examination at St Luke’s: typically $250 to $400
- NBI clearance and PSA documents: modest local fees
- CFO registration fee
- USCIS Immigrant Fee after the visa is issued: $235
Verify all amounts on the USCIS and Department of State websites before paying.
Processing times
The I-130 stage commonly runs from several months to well over a year. The National Visa Center stage can be finished in a few weeks if your PSA documents are in order. Interview availability in Manila is the final variable.
Plan for a total of twelve to twenty four months, and longer if an annulment or judicial recognition of divorce has to be completed first.
After approval: what comes next
Your passport is returned with the visa and a sealed packet you must not open. Complete the CFO programme, then travel before the visa expires, normally within six months.
Pay the $235 USCIS Immigrant Fee online before you fly so that your green card is produced. You can work immediately on arrival and apply for a Social Security number.
If you hold a CR-1, you and your spouse jointly file Form I-751 to remove the conditions in the ninety days before the two year card expires.
FAQs
We married in the Philippines but my spouse is American. Is our marriage recognised?
Yes, provided it was solemnised by an authorised officiant with a valid marriage licence and registered with the PSA.
My previous husband divorced me abroad. Can I remarry?
Not until a Philippine court recognises that divorce and the PSA record is annotated. Remarrying before this is done can invalidate the new marriage for immigration purposes.
Can I skip the CFO session if I am in a hurry?
No. Philippine immigration checks for the CFO sticker at the airport and will stop you from boarding without it.
My PSA birth certificate has errors in it. Does that matter?
Yes. Discrepancies in names, dates or parents’ details cause delays and requests for evidence. Correct the record with the local civil registrar and PSA before the interview where possible, and bring supporting documents such as baptismal and school records.
My spouse’s income is below the threshold. What are our options?
Use a joint sponsor who is a US citizen or permanent resident living in the United States and meets the income requirement alone, or rely on qualifying assets.
Can my children from a previous relationship come with me?
Not automatically. Your spouse files a separate I-130 for each child, and the stepchild relationship must have been created before the child turned 18.