K1 assistance for a Filipina in Spain

[MikeyM7106 8]

Hello everyone, 

I could definitely use the assistance of others that have gone through the process. In June, I plan to start the process to get my fiance to come to the states with me. I met her while working in Bahrain for a year. When I came back to the states she moved to Spain and resides there illegally(overstaying Visa). Will her legal status in Spain be a problem for obtaining a US visa? From my understanding Spain can be lenient on illegal immigrants and she stated her aunt has a friend that was illegal and she decided to go back to the Philippines and she was not detained at the airport because she was leaving the country. That being said she has all of her documentation, but the police certificates. She can't get one from the Philippines because she is in Spain. Her family went to check and they said they require her in person in order to fingerprint her. She no longer resides in Bahrain so she can't get that either. Spain requires citizenship/or legal residency for the certificate. Is this something that can be waivable? My background is clean and my background is military and law enforcement. I'm not sure if my background will help with the certificate thing. Any advice will be appreciated. I just want to have everything in order and I do plan on making a stop in Spain to speak with the U.S. Embassy. Thank you!

[geowrian 22,339]

She must have legal status in order to interview for the visa, so she will need to interview outside Spain. Her illegal status in Spain won't hurt her K-1 visa application.

 

You can obtain an NBI clearance (the equivalent of the PCCs from other countries) for the Philippines from abroad. Many OFWs do this.

 

The reciprocity table indicates that PCCs for Bahrain are available for non-residents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Bahrain.html

"Applicants no longer living in Bahrain should follow the same procedure and provide the same documentation. However, they will also have to provide a set of fingerprints taken by local police in their country of residence.

If there is a Bahrain Embassy where the applicant resides, they can contact the Bahrain Embassy to complete the necessary formalities."

 

If she resides in Spain for 6 months or longer, or is arrested, then she will need a PCC from there as well. This is also available domestically, while abroad, and can be requested online. I can't speak for their policies on obtaining one without legal status, though.

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Spain.html

1. "Information on requesting in person.
2. Information on requesting by mail.
3. Information on requesting online."

PCCs can be waived in some circumstances if the CO determines that the applicant is unable to obtain them despite being generally available, and the applicant does not pose a risk. This is not a path I would suggest attempting unless you have exhausted all other options (and can show as such)...it's not easy, guaranteed, or quick.

 

Your circumstances won't impact her police certificate requirements in any way.

[carton025 38]

Perhaps, wherever your gal needs clearances, etc... from she might want to visit the embassy for each country she needs documentation from. Just a thought.
Best of luck!

[MikeyM7106 8]

Thanks! I definitely underestimated this process lol Is the process something we can start in Spain and her move back before the interview? I already booked my flight to see her in June, but June would actually make it 6 months for her therefore requiring the certificate. According to other sources I read Spain wont issue her one. I assume that can be waived because the country wont issue one. We will need to mail a request for the Bahrain records. Also for the Bahrain records she would have to be back in the Philippines because she needs notarized fingerprints from local law enforcement. Are these records required for the interview or does she need them before I file the i-129? Thanks again!

[geowrian 22,339]

The PCCs are for the embassy stage of the process, not provided with the I-129F. Yes, she can be in Spain when you file the I-129F but still interview in Manila.

 

I also suggest reading the guide (http://www.visajourney.com/content/k1guide) along with all form instructions.

[carton025 38]

Again, it is going to be my opinion that any records/documentation needed should be able to be initiated and accomplished at the embassy for each country involved. Are these records needed now or later? It would, again, be my opinion to know the answers to all of your questions before they are asked or needed assistance with.

[MikeyM7106 8]

I'm going to try to get the Bahrain records by seeing if the Philippine Embassy in Spain can take her prints and certify them and then we can mail them to Bahrain. I'd rather have these documents now as opposed to waiting for the last minute. There are no Bahrain embassy's in the Philippines or Spain. I believe realistically the only record we will have is the Philippines and we will definitely try for Bahrain, but this must be done via mail.

Edited April 11, 2018 by MikeyM7106

[Hank_ 9,174]

2 hours ago, MikeyM7106 said:

Thanks! I definitely underestimated this process lol Is the process something we can start in Spain and her move back before the interview? I already booked my flight to see her in June, but June would actually make it 6 months for her therefore requiring the certificate. According to other sources I read Spain wont issue her one. I assume that can be waived because the country wont issue one. We will need to mail a request for the Bahrain records. Also for the Bahrain records she would have to be back in the Philippines because she needs notarized fingerprints from local law enforcement. Are these records required for the interview or does she need them before I file the i-129? Thanks again!

 

3 hours ago, MikeyM7106 said:

Hello everyone, 

I could definitely use the assistance of others that have gone through the process. In June, I plan to start the process to get my fiance to come to the states with me. I met her while working in Bahrain for a year. When I came back to the states she moved to Spain and resides there illegally(overstaying Visa). Will her legal status in Spain be a problem for obtaining a US visa? From my understanding Spain can be lenient on illegal immigrants and she stated her aunt has a friend that was illegal and she decided to go back to the Philippines and she was not detained at the airport because she was leaving the country. That being said she has all of her documentation, but the police certificates. She can't get one from the Philippines because she is in Spain. Her family went to check and they said they require her in person in order to fingerprint her. She no longer resides in Bahrain so she can't get that either. Spain requires citizenship/or legal residency for the certificate. Is this something that can be waivable? My background is clean and my background is military and law enforcement. I'm not sure if my background will help with the certificate thing. Any advice will be appreciated. I just want to have everything in order and I do plan on making a stop in Spain to speak with the U.S. Embassy. Thank you!

 

KISS     To do this your fiancee should move back to the Philippines before she has resided 6 months in Spain.   Not being in Spain with legal residency status will cause nothing but issues.  She can not get a waiver for any of the police clearances for the countries you have noted.   

 

You can file the petition once you meet the basic requirements; 1) Each free to marry at the time of filing the I-129F.  2) Met in person within the past 2 years of filing the I-129F.    

 

http://www.visaconnection-philippines.com/i-129f-petition-process.html

 

Police Clearance are needed for the embassy part of the visa chase...  Git er dun!

 

http://www.visaconnection-philippines.com/k-1-visa-application.html