Process for Sponsoring a Fiancé(e) Visa for LGBTQ+ Partners in the Philippines
Introduction
The Philippines, despite being a predominantly Catholic country, has made significant progress in recognizing the rights of LGBTQ+ individuals. In 2015, the Supreme Court ruled that same-sex marriage is not legally recognized in the country, but it did not prohibit LGBTQ+ couples from entering into other forms of partnerships. This ruling paved the way for the possibility of LGBTQ+ couples to sponsor their partners for fiancé(e) visas to the Philippines.
Eligibility Requirements
To be eligible to sponsor a fiancé(e) visa for an LGBTQ+ partner in the Philippines, the following requirements must be met:
- US Citizenship: The sponsor must be a US citizen or permanent resident.
- Financial Support: The sponsor must be able to provide financial support for the beneficiary.
- Intent to Marry: The sponsor and beneficiary must have the bona fide intention to marry within 90 days of the beneficiary’s arrival in the Philippines.
- Relationship: The sponsor and beneficiary must have a valid relationship that meets the definition of a fiancé(e) under Philippine law.
Definition of a Fiancé(e) under Philippine Law
Under Philippine law, a fiancé(e) is defined as:
- A person who is engaged to marry the sponsor;
- The engagement must be valid under Philippine law;
- The couple must have a bona fide intention to marry within 90 days of the beneficiary’s arrival in the Philippines;
- The couple must not be legally married to any other person.
Process
The process of sponsoring a fiancé(e) visa for an LGBTQ+ partner in the Philippines involves the following steps:
1. File Form I-129F (Petition for Alien Fiancé(e))
The sponsor must file Form I-129F with the US Citizenship and Immigration Services (USCIS). This form requires the sponsor to provide information about themselves, the beneficiary, and their relationship.
2. Submit Supporting Documents
Along with Form I-129F, the sponsor must submit supporting documents, including:
- Proof of US citizenship or permanent residency
- Evidence of financial support
- Proof of the relationship (e.g., engagement ring, photographs, letters)
- Proof of the beneficiary’s intent to marry
3. USCIS Review
USCIS will review the petition and supporting documents to determine if the sponsor and beneficiary meet the eligibility requirements. If the petition is approved, USCIS will send a Notice of Approval to the sponsor.
4. Consular Processing
Once the petition is approved, the beneficiary must apply for a fiancé(e) visa at a US embassy or consulate in the Philippines. The beneficiary will be required to submit additional documents, including:
- Passport
- Birth certificate
- Police clearance certificate
- Medical examination results
- Evidence of the relationship
5. Interview
The beneficiary will be interviewed by a consular officer to verify their eligibility for the visa. The officer will ask questions about the relationship, the beneficiary’s intentions, and their plans for the future.
6. Visa Issuance
If the beneficiary is approved for the visa, it will be issued to them. The beneficiary will have 90 days to travel to the Philippines and marry the sponsor.
Additional Considerations for LGBTQ+ Couples
In addition to the general requirements outlined above, LGBTQ+ couples should be aware of the following considerations:
- Proof of Relationship: LGBTQ+ couples may face challenges in providing traditional forms of evidence of their relationship, such as marriage certificates. However, they can submit other forms of evidence, such as affidavits from friends and family, photographs, and social media posts.
- Cultural Sensitivity: Consular officers may not be familiar with the unique challenges faced by LGBTQ+ couples. It is important to be patient and provide clear explanations of the relationship and intentions.
- Legal Recognition: Same-sex marriage is not recognized in the Philippines, which means that the couple will not be able to legally marry in the country. However, they may be able to enter into other forms of partnerships, such as civil unions or cohabitation agreements.
Conclusion
Sponsoring a fiancé(e) visa for an LGBTQ+ partner in the Philippines is a complex process, but it is possible with careful preparation and legal guidance. By understanding the eligibility requirements, process, and additional considerations for LGBTQ+ couples, sponsors can navigate the system and bring their loved ones to the Philippines.