Jump to content
Cott789

CO-SPONSOR for K1 visa Manila Embassy

9 posts in this topic

Recommended Posts

Ok, this is my first post so excuse me if I didn't put it in the correct subject. My situation is this: I want to bring my Filipina fiance here to the US. My concern is the financial affidavit. I am 39, live withy mother in her house because I have to take care of her due to her medical issues. For the last few years I was unemployed as a result. Therefore no tax returns either.  Now, I am going to get a job but it likely won't meet the poverty guidelines so I would need a co-sponsor. I have read in the Philippines forum that most people are never even asked for it during the interview but I don't trust that because I don't want to waste the time and money for a fiance visa if it's going to be rejected obviously, in which case I would be forced to marry in the Philippines and file a marriage visa where they are forced to accept a co-sponsor, and obviously I would want to know before I start which route I should take. With my mother's income combined with what mine will be we will absolutely meet the poverty guidelines and I understand that there is a special i-134 that can be filed to combine household income with a family member who lives with you. So, I could either do that, or have her fill out a separate i134 as a separate sponsor. But, from what I have been reading online is the Manila embassy is like the one embassy in the world that does not accept co-sponsor for fiance visa. On the other hand I read that they never even ask to see it. I need to know the truth on this situation so I can plan accordingly. I also have my best friend of 20 years who makes 100k+ who is happy to cosign as well if needed but apparently from what I read they only really consider co-sponsor that are close family, not friends for the fiance visa. HELP!!!!  (And thanks!)

Share this post


Link to post
Share on other sites

I am only gonna touch on two things.

 

Even if the embassy is not prone to asking for an alien fiancee to show them the I-134 and the tax transcripts, you would still need to prepare it for her to bring to the K-1 interview when the time comes.

 

As for co-sponsor and IF I am not mistaken, it really doesn't need to be family members. 

 

We will wait for the veterans and more knowledgeable members to assist you with the rest of your concerns :)

Share this post


Link to post
Share on other sites

A CO must believe that any intending immigrant will not become a public charge prior to entry. Generally, this is done via an Affidavit of Support. for the K-1, that's the I-134.

 

Each CO has the discretion to require the I-134 (or not) to make the decision if the beneficiary will be come a public charge. Manila COs tend to not ask for it, but again it varies from CO to CO and case to case.

 

It's also up to each CO if they will accept/consider an I-134 from somebody besides the petitioner. Manila COs usually will not consider doing so. Manila is not alone in this...there's several other embassies that are in the same boat.

 

I'd suggest work on obtaining work (even a second job) to meet the federal minimum poverty line required for the I-134 if you go the K-1 route. If you don't think you will meet that requirement, then going the CR-1 route would be preferable (getting married first, obviously). Then a joint sponsor will be accepted.

 

Good luck.

Share this post


Link to post
Share on other sites
Just now, KULtoATL said:

As for co-sponsor and IF I am not mistaken, it really doesn't need to be family members.

Correct. A joint sponsor can be any USC or LPR that meets the I-134 or I-864 requirements. But I'll just reiterate that a joint sponsor usually isn't accepted for the I-134 with Manila.

Share this post


Link to post
Share on other sites
10 minutes ago, geowrian said:

Correct. A joint sponsor can be any USC or LPR that meets the I-134 or I-864 requirements. But I'll just reiterate that a joint sponsor usually isn't accepted for the I-134 with Manila.

Great information coming from someone who's been through and dealth with the Manila embassy :thumbs:

Share this post


Link to post
Share on other sites

Thanks for all the answers, so what exactly do I need to earn to qualify for i134, or if I go the marriage route i864 (although I have valid consponsor for an i864 so it's not as relevant) being it's just me and her. Even if I make the required income won't they look at it as "you didn't work for 4 years, yes you make enough now but you have only had the job a few months so that can't be considered "stable"? What about if I got an extra job like a waiter which is a tipped employee that is hard therefore to prove income. They will also see I have no tax returns and when I file the visa I'm still will not have a 2017 tax return yet even though I'm working? What is the name of the form that goes with i134 not for a joint sponsor but the one for a household members to combine incomes? (I thought it was i134a but I can't seem to find it). I'm not opposed to just marrying in the Philippines since it seems in my situation it will have a higher success rate for approval but everything I read the requirements to marry there because of the waiting periods and everything would require me to be there for like a month and I simply cannot do that? For i864 do they allow you to give more than one co-sponsor? Both equally qualified and added just for some extra ooomf? Thanks.

Share this post


Link to post
Share on other sites
Posted (edited)
38 minutes ago, Cott789 said:

Thanks for all the answers, so what exactly do I need to earn to qualify for i134, or if I go the marriage route i864 (although I have valid consponsor for an i864 so it's not as relevant) being it's just me and her. Even if I make the required income won't they look at it as "you didn't work for 4 years, yes you make enough now but you have only had the job a few months so that can't be considered "stable"? What about if I got an extra job like a waiter which is a tipped employee that is hard therefore to prove income. They will also see I have no tax returns and when I file the visa I'm still will not have a 2017 tax return yet even though I'm working? What is the name of the form that goes with i134 not for a joint sponsor but the one for a household members to combine incomes? (I thought it was i134a but I can't seem to find it). I'm not opposed to just marrying in the Philippines since it seems in my situation it will have a higher success rate for approval but everything I read the requirements to marry there because of the waiting periods and everything would require me to be there for like a month and I simply cannot do that? For i864 do they allow you to give more than one co-sponsor? Both equally qualified and added just for some extra ooomf? Thanks.

For the I-134, you need 100% of the federal poverty level for your household:

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

 

After getting married and filing for AOS (for if you go the CR-1 route), you would use the I-864 and need 125% of that level.

 

It's really up to the CO to look at the totality of the circumstances and make that decision. It's true that one recent job shortly before an interview would probably be considered high risk, but you haven't even filed yet so there is time to build up a history still. As for under the table income...USCIS is not the IRS, but they won't accept income that cannot be proven.

 

As for tax returns, if a return was not filed because it was required (i.e. no income to report), then a signed letter explaining why no return was filed can be used in lieu of the return. If a return was required to be filed, then that needs to straightened out beforehand.  You won't have a 2017 return to show for a long while. Yes, that will hurt your case at showing proof that you are able to support your fiancee, but current income is usually a bigger emphasis.

 

I believe the form you are referring to is the I-864A for an Affidavit of Support with another member in the same household. There is no matching form for the I-134, unfortunately.

 

While I do think you have a fair chance of resolving the financial items prior to filing for an I-129F, it would definitely be safer to go the CR-1 route. A CR-1 is also cheaper and easier since no AOS is necessary. Marrying in the Philippines is more complicated than that of most (all?) US states, but it's usually manageable. Remember, you only need to be legally married (and have a bona fide relationship, obviously) for the CR-1...you can do a nice ceremony + reception and such if you want later. The wedding can even be in another country if that's easier for both of you...just throwing that option out there.

 

Yes, multiple joint sponsors are permitted for the I-864. However, just one "good" one is usually sufficient...each joint sponsor must meet the requirements and file the I-864 and supporting documents, so it tends to get unnecessarily complicated with multiple joint sponsors (if it can be avoided).

 

Plus, marrying in the Philippines sounds like an absolutely wonderful time... :)

Edited by geowrian

Share this post


Link to post
Share on other sites
Posted (edited)
21 minutes ago, geowrian said:

For the I-134, you need 100% of the federal poverty level for your household:

https://www.uscis.gov/system/files_force/files/form/i-864p.pdf

 

After getting married and filing for AOS (for if you go the CR-1 route), you would use the I-864 and need 125% of that level.

 

It's really up to the CO to look at the totality of the circumstances and make that decision. It's true that one recent job shortly before an interview would probably be considered high risk, but you haven't even filed yet so there is time to build up a history still. As for under the table income...USCIS is not the IRS, but they won't accept income that cannot be proven.

 

As for tax returns, if a return was not filed because it was required (i.e. no income to report), then a signed letter explaining why no return was filed can be used in lieu of the return. If a return was required to be filed, then that needs to straightened out beforehand.  You won't have a 2017 return to show for a long while. Yes, that will hurt your case at showing proof that you are able to support your fiancee, but current income is usually a bigger emphasis.

 

I believe the form you are referring to is the I-864A for an Affidavit of Support with another member in the same household. There is no matching form for the I-134, unfortunately.

 

While I do think you have a fair chance of resolving the financial items prior to filing for an I-129F, it would definitely be safer to go the CR-1 route. A CR-1 is also cheaper and easier since no AOS is necessary. Marrying in the Philippines is more complicated than that of most (all?) US states, but it's usually manageable. Remember, you only need to be legally married (and have a bona fide relationship, obviously) for the CR-1...you can do a nice ceremony + reception and such if you want later. The wedding can even be in another country if that's easier for both of you...just throwing that option out there.

 

Yes, multiple joint sponsors are permitted for the I-864. However, just one "good" one is usually sufficient...each joint sponsor must meet the requirements and file the I-864 and supporting documents, so it tends to get unnecessarily complicated with multiple joint sponsors (if it can be avoided).

 

Plus, marrying in the Philippines sounds like an absolutely wonderful time... :)

You won't have a 2017 return to show for a long while. Yes, that will hurt your case at showing proof that you are able to support your fiancee, but current income is usually a bigger emphasis.

 

Thank you for that very informative message. As far as the tax return for 2017, even if I acquire it in time it will only show half a years income and im afraid they won't factor in that what it says is not my actual annual earnings because I only worked for half a year. What do you think? If I go the marriage route, regardless of my financial situation (new job, low income, no tax returns...Etc) if I have that i864 co-sponsor that makes 100k do you think that will pretty much guarantee my approval (as far as the financial subject) regardless of my financial stumbles? Also as far as under the table income, as a waiter, each week when yo get your paycheck you declare your tips and then they are taxed and reported on paystub. Yes, most waiters lie and underreport to avoid taxes but I can really write as much as I want. I can even put more than I actually got. Yes I will pay more taxes but it would show more income on the paystub. What do you think about that strategy?

Edited by Cott789
I forgot to ask the last question in the message.

Share this post


Link to post
Share on other sites
34 minutes ago, Cott789 said:

You won't have a 2017 return to show for a long while. Yes, that will hurt your case at showing proof that you are able to support your fiancee, but current income is usually a bigger emphasis.

 

Thank you for that very informative message. As far as the tax return for 2017, even if I acquire it in time it will only show half a years income and im afraid they won't factor in that what it says is not my actual annual earnings because I only worked for half a year. What do you think? If I go the marriage route, regardless of my financial situation (new job, low income, no tax returns...Etc) if I have that i864 co-sponsor that makes 100k do you think that will pretty much guarantee my approval (as far as the financial subject) regardless of my financial stumbles? Also as far as under the table income, as a waiter, each week when yo get your paycheck you declare your tips and then they are taxed and reported on paystub. Yes, most waiters lie and underreport to avoid taxes but I can really write as much as I want. I can even put more than I actually got. Yes I will pay more taxes but it would show more income on the paystub. What do you think about that strategy?

They will only take into account what's on the form, not what it "would be" if you had worked the entire year. But again, current income is a bigger focus.

 

I certainly wouldn't say "guarantee" in almost any immigration case 9as you noted), but I think you would be fine in terms of financials.

 

I'd say always be truthful when dealing with immigration. Anything else is misrepresentation or even fraud, which cannot be discussed on VJ. :)

Share this post


Link to post
Share on other sites
Back to Top ↑

Didn't find the answer you were looking for? Try asking our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now



Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×