Philippine-focused legal guide covering eligibility, strategy, forms, fees, documentary proof, consular processing at U.S. Embassy Manila, and post-entry steps. Updated to general U.S. immigration rules as of 2024–2025 (fees and local practices change—confirm before filing).

1) Who can be petitioned (and under what category)

Spouse

If the petitioner is a U.S. citizen (USC): Spouse is an Immediate Relative (IR1 if marriage ≥2 years at entry; CR1 if <2 data-preserve-html-node="true" years—conditional residence).
If the petitioner is a lawful permanent resident (LPR/green-card holder): Spouse is F2A (subject to visa bulletin, but typically current in recent years; always check).

Stepchild

A “stepchild” is the child of your spouse if the marriage creating the step-relationship occurred before the child’s 18th birthday (INA §101(b)(1)(B)).
USC petitioner: Each qualifying stepchild under 21 and unmarried is an Immediate Relative (IR2/CR2) but must have a separate I-130 (no derivatives in IR categories).
LPR petitioner: The spouse is principal applicant in F2A, and unmarried children under 21 can immigrate as derivatives on that one petition (no separate I-130). Important trap: If the LPR naturalizes before visa issuance, the case converts to IR1; derivative eligibility disappears and the child will need a separate I-130.

2) Overall process at a glance

File the I-130 petition(s) with USCIS (online preferred).
USCIS approves and forwards to NVC.
NVC stage: Pay fees, submit DS-260 for each beneficiary, upload civil documents, and submit Form I-864 (Affidavit of Support) with evidence.
Pre-interview requirements in the Philippines: Medical exam at St. Luke’s Extension Clinic (SLEC); CFO guidance registration; obtain NBI and any police certificates.
Interview at the U.S. Embassy Manila.
Visa issuance & entry to the U.S. Pay the USCIS immigrant fee; receive green card after entry.
If CR1/CR2: File I-751 to remove conditions in the 90-day window before the 2-year expiry.

3) Step-by-step in detail

Step A: Filing the I-130

Who files: The U.S. citizen or LPR spouse (the “petitioner”). Where/how: USCIS online (recommended) or by mail to the lockbox; no walk-in or USCIS office in Manila. How many petitions:

USC petitioner: One I-130 for spouse and a separate I-130 for each stepchild.
LPR petitioner: One I-130 for spouse; qualifying unmarried children under 21 are derivatives (no separate I-130). You may still choose to file separate I-130s for predictability, but it’s not required.

Filing fee (USCIS): The I-130 fee increased in 2024. Expect approximately $625 (online) or $675 (paper) per petition (subject to change). Fee waivers generally not available to petitioners.

Evidence to include (typical):

Marriage proof: PSA marriage certificate (or foreign marriage certificate + PSA Report of Marriage if married abroad).
Termination of prior marriages: PSA Advisory on Marriages (AOM) and any divorce/annulment/judicial recognition documents (with court order recognizing a foreign divorce, if applicable).
Bona fide marriage evidence: Photos across time, chats, remittances, joint leases/bank, children’s birth certs, travel records.
Identity: Petitioner’s U.S. passport or naturalization certificate (or green card if LPR).
For stepchild: PSA birth certificate showing the Filipino parent; proof marriage happened before the child turned 18; proof of any custody/consent if the other biological parent is alive.

Processing times: Vary widely by USCIS workload and category.

Direct Consular Filing (DCF): Generally limited to emergencies/exceptional circumstances. Most Philippines cases go through standard USCIS/NVC.

Step B: NVC (National Visa Center)

After USCIS approval:

Create CEAC account with the NVC case/Invoice ID numbers.
Pay NVC fees: Historically Affidavit of Support fee (~$120) per case and IV fee (~$325) per applicant (subject to change).
Submit DS-260 (immigrant visa application) for each beneficiary (spouse and each child).
Upload civil documents and financial support evidence.

Civil documents (Philippines specifics):

PSA birth certificates of spouse and each child.
PSA marriage certificate; PSA AOM.
NBI clearance (for each applicant aged 16+).
Police certificates from any country of residence ≥6 months after age 16.
CENOMAR may be requested for never-married applicants (NVC sometimes prefers AOM for married applicants).
Court/prison/military records if applicable.
Passports (ideally valid at least 6 months beyond intended entry).
Photographs (U.S. visa photo standard).

Affidavit of Support (Form I-864 family packet):

Petitioner must be domiciled in the U.S. or show intent to re-establish domicile (job offer, lease, U.S. bank, voter reg, driver’s license, shipping belongings).
Income threshold: Typically 125% of the Federal Poverty Guidelines for household size (100% if petitioner is on active U.S. military sponsoring a spouse/child).
Evidence: Most recent U.S. tax return/IRS transcript, W-2/1099, recent pay stubs, employment letter.
Joint sponsor allowed if petitioner’s income/assets are insufficient.
I-864A for qualifying household members whose income will be counted.
Assets can supplement income (with appropriate valuation and ownership proof).

Case complete (DQ): When NVC accepts all items, they will queue the case to the Embassy for interview scheduling.

Step C: Medical Exam (SLEC Manila)

Where: St. Luke’s Medical Center Extension Clinic (SLEC), Ermita, Manila—the only panel physician authorized for U.S. immigrant visas in the Philippines.
When: After you receive the interview letter (or earlier if instructed).
What: History, physical exam, TB screening, and vaccinations per CDC guidelines (bring immunization records).
TB protocols: If chest x-ray suggests TB, sputum testing may delay clearance by ~8+ weeks.
Bring: Passport, interview letter, DS-260 confirmation page, photos, vaccination records, payment.

Step D: Interview at the U.S. Embassy Manila

Day of interview:

Documents: Appointment letter, passport, DS-260 confirmation, SLEC results (sealed), civil docs (originals), financials (I-864 with supporting evidence), proof of bona fide marriage.
For stepchild: If traveling without the other biological parent, bring notarized consent, DSWD documents, or custody orders as applicable.
Language: Interviews commonly in English/Tagalog; interpreters are generally not necessary.

Possible outcomes:

Approval.
221(g) refusal (administrative processing/request for evidence)—you’ll be told what’s missing.
Denial (e.g., ineligibilities such as certain criminal grounds, misrepresentation, medical grounds). Waivers (like I-601) may be available case-by-case.

Step E: After approval

Visa validity: Usually tied to medical exam validity (often 6 months).
USCIS immigrant fee: Typically $220 per person (pay online) so the physical green card can be produced after U.S. entry.
Entry to U.S.: The visa packet is now mostly electronic; CBP admits you as an LPR.
Social Security: If “Yes” was selected on DS-260, SSA typically issues an SSN automatically; otherwise, apply after arrival.
Green card delivery: Mailed to the U.S. address provided.

4) Special Philippine considerations

A) PSA/NBI and civil status issues

PSA Advisory on Marriages (AOM) is often requested to confirm prior civil status. If a Filipino spouse obtained a foreign divorce, you generally need a Philippine court order recognizing that foreign divorce before the new marriage is recorded for immigration purposes to go smoothly.
Name consistency: Ensure the same identity across PSA documents, passport, NBI, and DS-260. Fix discrepancies early.

B) Commission on Filipinos Overseas (CFO)

Mandatory pre-departure guidance counseling for Filipino spouses/partners of foreign nationals and their children (including stepchildren).
Obtain e-CFO registration and certificate. Airlines and Philippine Immigration will typically require proof of CFO compliance before boarding.

C) Minors traveling from the Philippines

DSWD Travel Clearance/parental consent may be required if a minor travels without one parent or if there are custody issues. Bring notarized consent from the non-accompanying parent or court orders proving sole custody.

D) Medical & vaccination records

Bring any DOH/WHO yellow card or school vaccination card; reduces shots at SLEC. TB history can trigger sputum protocols—plan timelines accordingly.

5) Evidence strategy for bona fide marriages

Longitudinal evidence: Communications, visits, holidays, support remittances, joint financial commitments, affidavits from friends/family.
Household proof (if living together in PH): Lease, utility bills, barangay certificates.
Life integration: Insurance beneficiaries, joint savings, birth of a child, school records listing the stepparent.
For stepchild relationship: Photos/events with the stepchild, school or medical records listing stepparent as emergency contact (optional but helpful).

6) Public charge & financial sufficiency

No I-944. Consular officers evaluate totality of circumstances but the I-864 is central.
Income at or above 125% FPG is the baseline. Provide clear, current proof. If overseas, plan domicile re-establishment (job offer, housing, return travel plans).

7) Conditional residence and removing conditions

CR1/CR2 issued if the marriage was under 2 years old on the day of admission.
File I-751 jointly in the 90 days before the 2-year green card expires.
If separated/divorced/abused, waivers exist (good-faith marriage, battery/extreme cruelty, hardship).

8) Common pitfalls (and how to avoid them)

Wrong petition structure. USC forgets separate I-130 for each stepchild → delays.
LPR naturalizes mid-process without filing a new I-130 for the derivative child after conversion → child loses derivative status.
Inconsistent civil status documentation (unrecognized foreign divorce, mismatched names).
Insufficient I-864 evidence or lack of U.S. domicile proof.
Expired NBI/medical by interview time.
TB sputum delay not accounted for in travel plans.
No CFO certificate → offloading/boarding denied.
Missing consent/custody papers for minors.

9) Practical timelines (illustrative, not guarantees)

USCIS I-130: Several months or more depending on workload.
NVC to interview: After “Documentarily Qualified,” interview slots vary.
SLEC to visa: If no TB sputum, often days–weeks; with sputum, add ~8–12 weeks. Plan around school calendars and passport renewals.

10) Fees you should budget for (subject to change)

USCIS I-130: ~$625 online / $675 paper per petition.
NVC fees: Historically $120 (AOS fee) per case + $325 (IV fee) per applicant.
Medical (SLEC): Local peso cost varies; additional for vaccines/sputum.
USCIS immigrant fee: $220 per immigrant (post-visa, pre-departure).
Document costs: PSA, NBI, translations (if any), courier.

11) Frequently asked questions

Q: Our marriage occurred after my spouse’s child turned 18. Can I still bring the child?

USC petitioner: Not as a stepchild (no I-130 eligibility).
LPR petitioner: Child can accompany as a derivative of the F2A spouse (because derivative status is through the parent, not the stepparent). If you later naturalize before visa issuance, file a separate I-130 for that child.

Q: My spouse and stepchild will enter together. Will both be conditional?

If the marriage is <2 data-preserve-html-node="true" years at entry, both CR1/CR2 (conditional). If ≥2 years, IR1/IR2 (10-year).

Q: Can we do a K-3/K-4 to speed things up?

K-3/K-4 are rarely used now; most cases proceed directly via immigrant visas. K-3 often gets mooted once the I-130 is approved.

Q: Do we need translations of PSA documents?

PSA documents are in English—usually no translation needed. Foreign documents not in English require certified translations.

Q: Do we need a joint bank account?

Not mandatory; any credible mix of bona fide marriage evidence works.

12) Document checklists

Petitioner (USC/LPR):

Passport/ID; proof of status (U.S. passport/naturalization certificate or green card).
Proof of U.S. domicile (or plan to re-establish).
Tax transcripts/returns, W-2/1099, pay stubs, job letter; joint sponsor packet if needed.

Spouse (beneficiary):

Passport; PSA birth cert; PSA marriage cert + AOM; NBI; any foreign police certs; prior marriage termination/recognition documents; SLEC medical; DS-260 confirmation; photos. Evidence of relationship.

Stepchild:

Passport; PSA birth cert; NBI (if 16+); police certs (if applicable); SLEC medical; DS-260; consent/custody documents if the other parent is not emigrating; photos with stepparent/family.

13) Post-entry essentials

Keep entry documents, I-551 stamp (if issued), and track I-751 deadline if conditional.
Update SSA, open bank accounts, enroll child in school, obtain state ID/driver’s license.
Consider advance parole/reentry permits before extended trips abroad.
Maintain marital and domicile evidence (useful for I-751 and later naturalization).

Final notes

Immigration rules and fees change. Double-check current fees, forms, and local procedures (SLEC, Embassy scheduling, CFO).
Complexities—prior marriages, custody, criminal/medical issues—are best reviewed with an immigration attorney licensed in the U.S., and, where needed, Philippine counsel for civil status recognition.

This guide is comprehensive but not a substitute for personalized legal advice.