Not even sure if I can qualify for DCF

[madmanmike 186]

Hi guys

 

Arrived PH June 2016. Met fiancee Nov 2016. Returned alone to USA Nov 2017. Intended to visit parents for few months, then return to PH to marry and live in PH. 

 

While in US, father passed away. After some adjustment, my mom asked me if I might consider moving in and taking care of her. How can one say no to that?

 

After a couple months, we decided that my oldest daughter would become her caretaker temporarily (6-8 months???), Allowing me to return to PH, marry, meet the 6 month requirement for residency and file the DCF and we both return to US.  I continue to care for my mother, my new wife desires to attend school, become a medical assistant, then work until we have children. 

 

So my question is, I can show place to live, and my mother would obviously be the sponsor. Her retirement money should be sufficient. But I will have no real income. Mom will support us both as long as she lives. I would get s job after, but not now. 

 

Do you think we have a chance for approval? And if you think we can get approved, suggestion on what things I should do before I go back to the PH? Like become joint owner of the bank accounts? Get the utilities in my name? Etc?

 

Thank you

Michael

[nelmagriffin 140]

Hello!

If I am in your situation I will stay in the USA and start looking for a job--->and while working, Apply for K1 visa ----> get married ---> Apply for EAD so your wife can start working as well ---> Wife may start working and at the same study (Medical Assitant is a short course but some school has a full tuition of $13,000).

Goodluck,

NELMA

 

[Search4Truth 2]

I am a rank amateur at this. Just in the preparation stages. I have lived in the Philippines for 9 years. The adjustment required of an American to Filipino culture is significant. Don't under estimate it. Things work a lot different here. They have worsened over the years in my opinion. With the new President's hostile attitude towards the West, the attitudes of Filipinos have changed as well. I'm just waiting to sell my wife's house before we move back to the US. If you have any questions about living in the Philippines I am glad to help. Message me privately.

 

On the Affadavit of Support (AOS) your mother's household would be 3. Your mother, you and your wife. Also your oldest daughter if she continues to live with with your mother. Which would then be 4. As long as your mother's retirement income exceeds the federally established poverty minimum plus 25%, there should be no problem. I think a cover letter explaining your situation and plans would be appropriate. 

 

I have had an immigration attorney suggest that the age of an elderly AOS applicant can be a factor. Since the AOS does not mention health, I would deemphasize that aspect in your cover letter. The term "care-taker" sounds as if she is ill.

 

I would ask ask the forum to validate what I have written.

 

Godspeed, Al.

[madmanmike 186]

12 hours ago, Search4Truth said:

On the Affadavit of Support (AOS) your mother's household would be 3. Your mother, you and your wife. Also your oldest daughter if she continues to live with with your mother. Which would then be 4. As long as your mother's retirement income exceeds the federally established poverty minimum plus 25%, there should be no problem. I think a cover letter explaining your situation and plans would be appropriate. 

 

I have had an immigration attorney suggest that the age of an elderly AOS applicant can be a factor. Since the AOS does not mention health, I would deemphasize that aspect in your cover letter. The term "care-taker" sounds as if she is ill.

 

I would ask ask the forum to validate what I have written.

 

Godspeed, Al.

Excellent response Al. Thank you so much. I was really getting depressed about this and you have cheered me up. Thanks again, I will research the AOS some more. 

 

Michael

[Search4Truth 2]

48 minutes ago, madmanmike said:

Excellent response Al. Thank you so much. I was really getting depressed about this and you have cheered me up. Thanks again, I will research the AOS some more. 

 

Michael

You are welcome.

 

I am hoping someone else here will validate what I have written. There are members here that are much more knowledgable than I am.

 

Good luck, Al.

[codysartony 2]

thank you for post

[bellashay 14]

My husband stayed with me in the Philippines from August 2015 until our departure to the US on April 2016. Since he didn't work in the Philippines and had no income, our co-sponsor was his mom. For Affidavit of Support, he (hubby) also presented his tax transcript from the previous year so I guess you should take care of that before you go back to the Philippines. If you're only planning on staying in the Phils for a few months I don't think you'll be scrutinized too much regarding domicile. You can present your bank statements, driver's license, a letter from your mom stating that you're welcome to stay at her residence, etc.

[Haltom Family 40]

On 2/3/2018 at 2:38 PM, madmanmike said:

Hi guys

 

Arrived PH June 2016. Met fiancee Nov 2016. Returned alone to USA Nov 2017. Intended to visit parents for few months, then return to PH to marry and live in PH. 

 

While in US, father passed away. After some adjustment, my mom asked me if I might consider moving in and taking care of her. How can one say no to that?

 

After a couple months, we decided that my oldest daughter would become her caretaker temporarily (6-8 months???), Allowing me to return to PH, marry, meet the 6 month requirement for residency and file the DCF and we both return to US.  I continue to care for my mother, my new wife desires to attend school, become a medical assistant, then work until we have children. 

 

So my question is, I can show place to live, and my mother would obviously be the sponsor. Her retirement money should be sufficient. But I will have no real income. Mom will support us both as long as she lives. I would get s job after, but not now. 

 

Do you think we have a chance for approval? And if you think we can get approved, suggestion on what things I should do before I go back to the PH? Like become joint owner of the bank accounts? Get the utilities in my name? Etc?

 

Thank you

Michael

On 2/3/2018 at 2:38 PM, madmanmike said:

Hi guys

 

Arrived PH June 2016. Met fiancee Nov 2016. Returned alone to USA Nov 2017. Intended to visit parents for few months, then return to PH to marry and live in PH. 

 

While in US, father passed away. After some adjustment, my mom asked me if I might consider moving in and taking care of her. How can one say no to that?

 

After a couple months, we decided that my oldest daughter would become her caretaker temporarily (6-8 months???), Allowing me to return to PH, marry, meet the 6 month requirement for residency and file the DCF and we both return to US.  I continue to care for my mother, my new wife desires to attend school, become a medical assistant, then work until we have children. 

 

So my question is, I can show place to live, and my mother would obviously be the sponsor. Her retirement money should be sufficient. But I will have no real income. Mom will support us both as long as she lives. I would get s job after, but not now. 

 

Do you think we have a chance for approval? And if you think we can get approved, suggestion on what things I should do before I go back to the PH? Like become joint owner of the bank accounts? Get the utilities in my name? Etc?

 

Thank you

Michael

Hi Michael,

 

Kamusta and good day.

 

We emphatize about your  father's passing away.   

 

We read through your post, and it seems that you already established a Plan to file the I-130 overseas or in the Philippines using Direct Consular Filing (DCF) which is good.  However no matter how perfect are visions to achieve the goal, there are always uncontrollable situations that will possibly arise.  Sometimes favorable and most of the time not. Good thing God is in control. 

 

So my question is, I can show place to live, and my mother would obviously be the sponsor. Her retirement money should be sufficient. But I will have no real income. Mom will support us both as long as she lives. I would get s job after, but not now. 

 

Do you think we have a chance for approval? And if you think we can get approved, suggestion on what things I should do before I go back to the PH? Like become joint owner of the bank accounts? Get the utilities in my name? Etc?

 

If it is your intention is to return to the Philippines to marry your fiancee, and migrate back to United States to reside, USCIS Manila  office, at US EMBASSY Philippines could adjudicate Form I-130, Petition for Alien Relative or in your case for your soon-to-be spouse. Provided that  you (the petitioner) has been residing in the Philippines for at least the past six months.  If qualified, you would have to file the Form I-130 petition with their  office at the U.S. Embassy, Manila, in person, with the required documents and filing fee. 

 

Do you think we have a chance for approval? 

 

The question that best fit here is, Are you qualified to file I-130 at USCIS Field Office in Manila, Philippines?

 

Please see attached requirements for you to be qualified in Filing I-130 at USCIS Field Office in Manila, Philippines.MPH - I-130 Petitions filing in Manila.pdf

 

 

Proof of continuous and Current  6 months tenure in the Philippines before Filing I-130

• Proof of residency: resident alien card (ACR).  During your stay in the Philippines 2015-2016, does Philippine Immigration Provided you the ACR as a tourist?  If yes you can just renew it.  This alone will satisfy the 6 months or you can choose to attached one of the ff document below: 
• Local Mayor's Certificate whichever city in the Philippines you will stay making sure your Philippines address will be indicated and date too.  (you can request this for FREE and you can request this the moment you and your fiancee will process all your documents for your wedding.   
•  Proof of apartment rental, Utilities billing named after you (if any)

Proof of Relationship 

• Marriage Certificate (Authenticated PSA (previously NSO) Paper) and any one of the documents below (Copy)
• You can open a bank a joint bank account in the Philippines after you have Marriage Certificate and your resident alien card (ACR) or 
• Joint Tenancy or proof of same rental residency
•  Pictures together, traveling tickets together 
• Affidavit of sworn thrid part statement just you know to affirmed the lawful existence of your marriage.  
• Birth Certificate of your spouse

Proof of your US Citizenship

•  US Passport (copy)
• US Drivers License

 

The Affidavit of Support will be required by the Consular Section during the visa processing, and not on the time of Filing I-130 or Petition for Aien Relative.

 

But better is prepared than not. Affirming what Search4Truth said, 

 

"On the Affadavit of Support (AOS) your mother's household would be 3. Your mother, you and your wife. Also your oldest daughter if she continues to live with with your mother. Which would then be 4. As long as your mother's retirement income exceeds the federally established poverty minimum plus 25%, there should be no problem. I think a cover letter explaining your situation and plans would be appropriate." 

 

So yeah, before going back to the Philippines, we suggest that you will fully explain to your mother the Affidavit of Support that She will be needing to sign.   We just need to add that if your mother is willing to sign the Affidavit of Support, she can sign the I-864 and you can also sign I-864 (even if your income is not enough, as a primary petitioner you will need to sign one)  

 

If this is possible, you can assist her to sign the I-864 and supported with all the Tax documents and all even before you fly back to Philippines and get married.  Upon looking, the current Affidavit of Support 1-864 Form will expire on November 30, 2018. Calculating, assuming you will be back April 2018, and get married by May in the Philippines, the form isnt expired yet. Here's the link: https://www.uscis.gov/i-134

 

Again, organized required documents are vital for easy approval of I-130 Form or Petition for Alien Relative. Validating  Search4Truth suggestion for  Cover letter is a must.   In addition, we suggest that you itemized all your attached supporting documents at the time of your filing.  Reiterating again, that Affidavit of Support is NOT needed at the time of  filing the I-130 Form.  Your signed I-864 will be needed once you received your approved I-130 and willbe presented at the consular officer at the time of your scheduled VISA interview. 

 

  The fees are important too or the money ( Pera) for paying filing fees and everything.  To sum up, you need to ready your 6P's in preparation of your PLAN.

 

Prayer

Patience

Perseverance

Paper Works

 People that will help you along the way.  Your family, Forum and even the people from Immigration for follow up.

Pera or Money

 

Or  the other option is to file here in United Stated using the I-129F.  Whichever option you will choose, you still need to provide the sign affidavit of support.  The only thing with fiancee visa, if you will not provide the sign affidavit of support in the timely manner, even if you already paid the fee for adjustment of status (which is another topic) USCIS will surely denied the green card for your applicant resulting to not having status. .     

 

Hope this helps.

 God bless,  

 

 

 

 

    

Edited February 6, 2018 by Haltom Family

[madmanmike 186]

Excellent information. Thank you all so very much! I feel better about it all now. 

 

I can really begin the process now. So much to do before I go back to my sweetie!

 

Michael

[Haltom Family 40]

On 2/6/2018 at 6:48 PM, madmanmike said:

Excellent information. Thank you all so very much! I feel better about it all now. 

 

I can really begin the process now. So much to do before I go back to my sweetie!

 

Michael

Thank you too for sharing