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I am a US citizen, contemplating marriage with a Filipina widow of a German citizen. She lives in Germany and has two minor children who are German citizens. Our intention is to live in Germany until the children reach the age of maturity (in five years). I have completed an application to reside in Germany.

I want to bring her here to visit my family and marry here as well. It is far easier to marry here than in Germany.

I sent an email to the US Embassy in Germany and got a response that did not address my question.

Obtaining a tourist visa for a Filipino is very difficult. If she can be granted entry based on her German residency it would help very much.

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Residency status is not a qualification for the Visa Waiver program. The Visa Waiver program only applies to passport holders from the countries in the program, not residents.

Her approval for entry into the USA is based solely on her nationality as shown in her passport.

But the fact that she has German residency status, plus two dependent children residing in Germany, should be a beneficial aspect when her visa application is considered. If she owns the house they live in, has a reasonable financial situation and no brushes with the law, then getting a visa shouldn't be that difficult.

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The answer to your question is: No, she will need a visa.

Marital status and residency are not taken into consideration for visa waiver purposes. All that matters is the current nationality of the individual.

However, those other aspects are taken into consideration when applying for a visa so it would definitely help your case especially if you or she own property in Germany.

Make sure you indicate clearly the purpose of her visit on the application; and the fact that you intend to return back to Germany. The Nonimmigrant Visa for a Fiancé(e) K-1 is the visa type that best fits your situation.

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    The K-1 is more intended for folks planning to reside permanently in the USA right after being married. It allows the spouse to enter the USA get married, then apply to change to permanent status. The fact that they plan to return to Germany for five more years could make a K-1 more difficult to get than a tourist visa. – user13044 Dec 9 '14 at 7:36
  • I think tourism doesn't fit the requirement though, considering the nature of the visit is explicit. Anyhow, the counselor should know best. – Burhan Khalid Dec 9 '14 at 9:53
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    B-2 allows purposes other than tourism, such as family visits. Getting married while in the country on a B-2 visa is also allowed. What's not allowed is entering on a B-2 with the intention of marrying and then applying to adjust status to that of a permanent resident. There is no intention to do that here, so a B-2 visa should do just fine. – phoog Jan 22 '16 at 1:55
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If she's not a German citizen and if Filipinos require a visa to enter the United States, no, she can't enter the United States without a visa.

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    Do you have a reference for this? Otherwise it's just your word, and it's really useful for the OP to have a source to be confident with. – Mark Mayo Dec 11 '14 at 13:52

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