How sure that a co-sponsor will be helpful?

[Giskat09 2]

SPOUSE VISA - I-I30

My husband's compensation is not enough but i told him that his dad can co-sponsor him.

My question is:

1) Is it really helpful if the father of the petitioner will help him to get me here in the Phils? Is there any disadvantages if this happens?

2) How long does the processing will take? 1 year or more?

3) What if the petitioner has DUI case but only once it was happened. Should he put in the form about his DUI or no need for that?

4) What if the beneficiary doesn't want to go to USA? Instead they will live together here in the Phils. Is the processing more harder and longer?

This is just a question that can help me in the near future....

Hope you can give me a concise answer and some ideas about these... Thanks a lot.

KAS

Edited July 28, 2008 by jiskat08

[daisychain 0]

1. From what I've read so far in the forums, the CO in the US embassy in manila does not accept co-sponsors for k3, only for the IR1. However, this seems to have been implemented fairly recently and isn't always the case.

2. It depends. What service center will you be filing from? In our case, it took roughly 2 months til the petition was approved. Our case was approved June 23. My interview is on August 4. I could've chosen July 29, but it was too early and I still had to prepare some documents. From the trend I've seen so far, things have been going much faster than last year. If you decide to go the IR1 route however and follow lotsofpatience's fastest NVC process, it will take only a month longer (in the NVC, that is). Plus there is a wait time for the interview for immigrant visa applicants, usually longer than non-immigrant.

3. I don't think it's relevant. From what I've read, only grave moral circumstances (such as sex offenders) have a larger legal obstacle to hurdle if he/she is the petitioner. But what usually matters is if the beneficiary has a pending legal case or a criminal charge, not the petitioner. HOwever, this is only my opinion gathered from what I've read here in the forums. It is always best to consult a lawyer.

4. If you apply for a k3 visa, you have to apply for adjustment of status before the k3 visa expires (usually after two years). K3 visa is multiple entry so you can probably shuttle back and forth the Phils and the uS but I think you have to be there when you file for AOS (biometrics and such). Moreover, adjustment of status likewise requires Affidavit of Support.

You should do more research about the conditions surrounding the permanent resident visa, if it'd allow you to maintain your status while outside the country.

However, if the petitioner is planning to stay here in the Philippines while the petition is being processed, that may pose a problem. I read a similar question in the Immigration Corner of the Philippine Star a couple of months ago. Also, my husband and I were in the same circumstance. The petitioner has to be domiciled in the United States and provide evidence of such (such as a stable job). A fellow VJ member's visa was turned down because U.S. Citizen husband was not domiciled in the U.S.

Hope that helps! As always, best to consult a lawyer! GOd bless your journey.

Edited July 28, 2008 by daisychain

[daisychain 0]

I also forget to mention that the Adjustment of Status (after the k3) still requires that the petitioner be domiciled in the US. Maybe u can move to the phils after getting your permanent resident visa? But do research on the conditions surrounding the permanent resident visa.

[doug and leann 0]

1) Is it really helpful if the father of the petitioner will help him to get me here in the Phils? Is there any disadvantages if this happens?

Not really. Of course they will tell you K3s can't use co-sponsors, that's what they told us. But we had a co-sponsor anyway just in case. I presented the affidavit of support form and supporting documents signed by my mother-in-law at my interview and they accepted it. I was approved right on the spot.

2) How long does the processing will take? 1 year or more?

Now this is a case-to-case basis. If both of you have no convictions or bad records with the law, no RFEs, very complete and clean application, etc. etc., then it would only take months. Our case only took 7 months total, see my timeline.

3) What if the petitioner has DUI case but only once it was happened. Should he put in the form about his DUI or no need for that?

Hmmm you might wanna post a different topic about DUIs. There might be people who are a lot more knowledgeable out there.

4) What if the beneficiary doesn't want to go to USA? Instead they will live together here in the Phils. Is the processing more harder and longer?

Ok this confuses me. Why would you go through the long and agonizing ordeal of obtaining a visa when you would decide on living in the Philippines anyway? What's the point? If you really want the visa to enter the US, then you should not let them know about this. K3 visas are issued in order for families to be united faster, enter the US and establish family life.

The previous poster talked about Adjustment of Status (AOS). Once you get here, you have the choice to adjust your status to a Permanent Resident. You will either be given a Conditional PR status first, which is valid for 2 years, and/or a 10-year PR status (depends on how long you've been married). You should at least be present/living in the US while this process is pending. You can leave the country (since it is a multiple-entry visa) for less than 6 months while your AOS is pending, to avoid re-entry problems.

If you would ever decide on living in the Phils instead, then your husband should be the one getting a visa or permission to live in the Phils. Search on living/working in the Phils.

[Minya's wife 24]

3) What if the petitioner has DUI case but only once it was happened. Should he put in the form about his DUI or no need for that?

4) What if the beneficiary doesn't want to go to USA? Instead they will live together here in the Phils. Is the processing more harder and longer?

Not quite sure about your first two questions as they are country specific, but the second two questions...

What do you mean the petitioner? Your husband(he is the petitioner) has a DUI? or do you mean that the Co-sponsor has a DUI? If it is your husband (the petitioner), then I think the DUI, depending on what legal outcome was, should have been mentioned on the petition itelf, not at the financial sponsorship stage.

As for your last question, 'm not sure what you mean? If you(beneficiary) do not want to come to the US, then you do not need an immigrant spousal visa as you will not be residing here....as such there will be no processing time, per se. Now if your husband will be going to live w/ you in the Phillipines, you'll have time find out what the process is for that, and how long it takes. That is outside the scope of VJ.

Good luck,

-P

[Giskat09 2]

thanks for your answers...