Getting K1/spouse, can my dad co-sponsor considering she lives in Philippines since I'm still a student with part-time?

[ldr2016 0]

Situation:

1. Been together for 6 years.
2. Started when I was 14, and she was 24 years old. I'm now 20 and she's 30 years old.
3. I've been a US Green card holder and living in the US for more than 10 years already.
4. She's from Philippines. She's been working since 21 years old as a Software/Web Developer.
5. We met in an online game and started our relationship there.
6. I visit her every year since I was 15 years old (with my family) and dated like a normal couple. I normally stay 5-14 days on those visits.
7. My family knows her since the day I met her online and since I visit her with my family, she meets them every year, too.
8. I also know and met her family since she's been living with them (until now) since she's not married and doesn't have to move out from their home.
9. We saved all our conversations, skypes, social media conversations, receipts, packages receipts, plane tickets.
10. I work a part-time job (Professional gaming/streaming online) and studying to finish my college. I'm currently on my 2nd year college.
11. My dad is willing to co-sponsor. He's a CEO of a technology company in US.

Questions:

1. Should we get her a K1 or Spouse?
2. If K1/spouse, can my dad co-sponsor considering she lives in Philippines since I'm still a student with part-time?
3. Will the past of our relationship considering I was a minor and she's 10 years older than me when we started our relationship contribute to have her visa getting denied?
4. Do I have to own a house?
5. Do I have to show tax papers? What if I don't pay tax but I get income out of my part-time job (Professional gaming/streaming online)

Thank you for any help!

[EM_Vandaveer 2,368]

You are not a USC therefore K1 is not an option. You need to visit her, marry her and file an I-130. She will be in F2A category, it's about one and a half or two years' wait for the priority date to become current/visa number to become available.

Your father can be a joint sponsor only if he is a USC or LPR.

You have to either file taxes for the last 3 years (if your income was above the filing threshold) or include a statement explaining that you did not file because your income was below the filing threshold.

Edited June 28, 2016 by EM_Vandaveer

[Unlockable 7,306]

EM_Vandaveer is correct. You can't file for K1 as it is only for US citizens.

You will have to change your plans to involve you going to marry her in her country.

[Hank_ 9,173]

Situation:

1. Been together for 6 years.
2. Started when I was 14, and she was 24 years old. I'm now 20 and she's 30 years old.
3. I've been a US Green card holder and living in the US for more than 10 years already.
4. She's from Philippines. She's been working since 21 years old as a Software/Web Developer.
5. We met in an online game and started our relationship there.
6. I visit her every year since I was 15 years old (with my family) and dated like a normal couple. I normally stay 5-14 days on those visits.
7. My family knows her since the day I met her online and since I visit her with my family, she meets them every year, too.
8. I also know and met her family since she's been living with them (until now) since she's not married and doesn't have to move out from their home.
9. We saved all our conversations, skypes, social media conversations, receipts, packages receipts, plane tickets.
10. I work a part-time job (Professional gaming/streaming online) and studying to finish my college. I'm currently on my 2nd year college.
11. My dad is willing to co-sponsor. He's a CEO of a technology company in US.

Questions:

1. Should we get her a K1 or Spouse?
2. If K1/spouse, can my dad co-sponsor considering she lives in Philippines since I'm still a student with part-time?
3. Will the past of our relationship considering I was a minor and she's 10 years older than me when we started our relationship contribute to have her visa getting denied?
4. Do I have to own a house?
5. Do I have to show tax papers? What if I don't pay tax but I get income out of my part-time job (Professional gaming/streaming online)

Thank you for any help!

You can't do the K-1 as you are not a USC.

You can get married file the I-130 and go for the F2A but the wait time is long for this visa.

Why not get your citizenship, that will make EVERYTHING a lot simpler and QUICKER. Citizenship process takes 4-6 months on average (4 months for my wife). Then you can do the K-1 visa if you choose and be done in about 8 months from filing. Going this route is much quicker than the F2A

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

How Long Does it Take?

Family preference immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.

[EM_Vandaveer 2,368]

You can't do the K-1 as you are not a USC.

You can get married file the I-130 and go for the F2A but the wait time is long for this visa.

Why not get your citizenship, that will make EVERYTHING a lot simpler and QUICKER. Citizenship process takes 4-6 months on average (4 months for my wife). Then you can do the K-1 visa if you choose and be done in about 8 months from filing. Going this route is much quicker than the F2A

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

How Long Does it Take?

Family preference immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.

Although it makes perfect sense for OP to file for his citizenship, if they decide on a spousal visa, it would not make things so much quicker.

About 6 months till citizenship, then about a year until CR1 visa = 1.5 years.

Getting married now, filing I-130 for F2A = PD becomes current in about one and a half years, as well.

Now it would open up the K1 as a possibility, though.

[Hank_ 9,173]

Although it makes perfect sense for OP to file for his citizenship, if they decide on a spousal visa, it would not make things so much quicker.

About 6 months till citizenship, then about a year until CR1 visa = 1.5 years.

Getting married now, filing I-130 for F2A = PD becomes current in about one and a half years, as well.

Now it would open up the K1 as a possibility, though.

You don't know the time frame for the F2A as it a "quota" visa, the petition can sit there a couple years.

~ that is why I suggested going forward with the K-1 after getting citizenship ... that is the fastest.

Other thing is he could file the I-130 F2A, then pursue his citizenship and convert from F2A to IR/CR-1, just not sure that would save any time.

K-1 is still the quickest.

[ldr2016 0]

You have to either file taxes for the last 3 years (if your income was above the filing threshold) or include a statement explaining that you did not file because your income was below the filing threshold.

This is one of the most important information I've been looking for. But I was told that the US Embassy in Manila, Philippines doesn't allow co-sponsorship for K1 visa. I will not pass the income/financial requirements if they will not allow my dad to co-sponsor us. I can clearly provide for the 2 of us (on a very simple lifestyle), but I want to make sure she will have her visa approved.

EM_Vandaveer is correct. You can't file for K1 as it is only for US citizens.

You will have to change your plans to involve you going to marry her in her country.

Thank you for the very important information, looking forward to get US citizenship instead and apply for the K1 after.

You can't do the K-1 as you are not a USC.

You can get married file the I-130 and go for the F2A but the wait time is long for this visa.

Why not get your citizenship, that will make EVERYTHING a lot simpler and QUICKER. Citizenship process takes 4-6 months on average (4 months for my wife). Then you can do the K-1 visa if you choose and be done in about 8 months from filing. Going this route is much quicker than the F2A

https://travel.state.gov/content/visas/en/immigrate/family/family-preference.html

How Long Does it Take?

Family preference immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.

Thank you for the very important information, looking forward to get US citizenship instead and apply for the K1 after.

You don't know the time frame for the F2A as it a "quota" visa, the petition can sit there a couple years.

~ that is why I suggested going forward with the K-1 after getting citizenship ... that is the fastest.

Other thing is he could file the I-130 F2A, then pursue his citizenship and convert from F2A to IR/CR-1, just not sure that would save any time.

K-1 is still the quickest.

I am illiterate of these things so thank you for the information. Looking forward to get US citizenship instead and apply for the K1 after.

[Hank_ 9,173]

This is one of the most important information I've been looking for. But I was told that the US Embassy in Manila, Philippines doesn't allow co-sponsorship for K1 visa. I will not pass the income/financial requirements if they will not allow my dad to co-sponsor us. I can clearly provide for the 2 of us (on a very simple lifestyle), but I want to make sure she will have her visa approved.

Thank you for the very important information, looking forward to get US citizenship instead and apply for the K1 after.

1st: You do not need 3 years of tax returns.

2nd: USEM does accept co-sponsors with the K-1, it is not guaranteed, that is fact. Using an immediate family member (parents, siblings) does improve the odds.

3rd: Over the past couple years USEM has not been consistent in asking for Evidence of Support (I-134), quite often it is not asked for.

Hope all goes quickly with your citizenship so you can complete the K-1 visa.

https://www.uscis.gov/citizenship/learners/study-test

[matmertin2016 4]

Situation:

1. Been together for 6 years.
2. Started when I was 14, and she was 24 years old. I'm now 20 and she's 30 years old.
3. I've been a US Green card holder and living in the US for more than 10 years already.
4. She's from Philippines. She's been working since 21 years old as a Software/Web Developer.
5. We met in an online game and started our relationship there.
6. I visit her every year since I was 15 years old (with my family) and dated like a normal couple. I normally stay 5-14 days on those visits.
7. My family knows her since the day I met her online and since I visit her with my family, she meets them every year, too.
8. I also know and met her family since she's been living with them (until now) since she's not married and doesn't have to move out from their home.
9. We saved all our conversations, skypes, social media conversations, receipts, packages receipts, plane tickets.
10. I work a part-time job (Professional gaming/streaming online) and studying to finish my college. I'm currently on my 2nd year college.
11. My dad is willing to co-sponsor. He's a CEO of a technology company in US.

Questions:

1. Should we get her a K1 or Spouse?
2. If K1/spouse, can my dad co-sponsor considering she lives in Philippines since I'm still a student with part-time?
3. Will the past of our relationship considering I was a minor and she's 10 years older than me when we started our relationship contribute to have her visa getting denied?
4. Do I have to own a house?
5. Do I have to show tax papers? What if I don't pay tax but I get income out of my part-time job (Professional gaming/streaming online)

Thank you for any help!

"I visit her every year since I was 15 years old (with my family) and dated like a normal couple. I normally stay 5-14 days on those visits."

Date like a normal couple!? how is that possible... she is 10 years older then you , at 15 she was 25 and that is known as statutory rape of a minor... you will likely not get visa as USA does not work with sexual predators.... there is enough of them already in USA don't need to invite more of them!?

[aaron2020 11,651]

"I visit her every year since I was 15 years old (with my family) and dated like a normal couple. I normally stay 5-14 days on those visits."

Date like a normal couple!? how is that possible... she is 10 years older then you , at 15 she was 25 and that is known as statutory rape of a minor... you will likely not get visa as USA does not work with sexual predators.... there is enough of them already in USA don't need to invite more of them!?

Get off your high horse. The age of consent is 12 in the Philippines, so there is no statutory rape of a minor. The beneficiary broke no laws. Stop calling people sexual predators when you don't have a clue about age of consent in the PI.

[JFH 12,189]

K-1 might be quicker but might not be the best route. With a K-1 she won't be able to work for some months. How long can see stay out of the software development field and not lose her place completely? For some careers such a gap is disastrous. Also, would she be happy not working all that time? And can you afford to keep two people and pay all the wedding costs and AOS fees on one wage?

The fastest way isn't necessarily the best way.

[aaron2020 11,651]

K-1 might be quicker but might not be the best route. With a K-1 she won't be able to work for some months. How long can see stay out of the software development field and not lose her place completely? For some careers such a gap is disastrous. Also, would she be happy not working all that time? And can you afford to keep two people and pay all the wedding costs and AOS fees on one wage?

The fastest way isn't necessarily the best way.

A K-1 would not be faster for the OP since he's a green card holder. He would need to naturalize before he can petition for a fiancee.

[JFH 12,189]

A K-1 would not be faster for the OP since he's a green card holder. He would need to naturalize before he can petition for a fiancee.

I was replying in general terms for the benefit of any browsers on this thread who are toying between K-1 and CR-1. We often see the comment bandied about here that a K-1 is "faster" (although in terms of getting to a green card it's not faster - just faster to the POE) although I think we should always add the caveat that it comes with a whole bunch of restrictions that mean that it is not always the most suitable. Especially for people who have spent years climbing a career ladder and work in a fast-paced field (such as computer technology) where any break in employment can set them back years or $$$$.

I have seen many threads where people have jumped into K-1, lured by the fast processing time, only to be totally frustrated and even depressed when they arrive and cannot work or travel for several months. Some even claim they "weren't aware" it would be like that.

[JenniferNangel 137]

Actually the relationship happened in the PI, not in the US, so local laws are relevant.

It happened over the Internet sex offenders from other countries will still be arrested for distribution child porn or I can't imagine any immagration officer granting a fiancé visa from the age when they started dating. He was a minor according to American laws he's going by laws in pi he should move to pi

[aaron2020 11,651]

It happened over the Internet sex offenders from other countries will still be arrested for distribution child porn or I can't imagine any immagration officer granting a fiancé visa from the age when they started dating. He was a minor according to American laws he's going by laws in pi he should move to pi

That's not how the law works. She is not subject to American laws. She is neither a national or in the jurisdiction of the US.

HE went to a jurisdiction where their relationship was legal.

US laws don't travel with you when you cross a border. Local laws is what matters.

I went to Mexico at age 18 to drink. Does that mean the bartender violated US laws by serving me where it was legal?

Please exactly tell us which US laws she violated while being in the PI?

Edited July 9, 2016 by aaron2020