K1 Sponsor

[aw93210 0]

Ok....here goes. My fiance and I have known each other for two years. We have communicated via e-mails, cam, letters and phone calls. I have sent her support money from time to time to help her with basic expenses. I am retired due to disabilities so no longer work. I have been disabled for over 10 years. According to what I have read on some sites concerning requirements of K1, I have to show 125% of the national poverty level for the affidavite of support. I do not meet the requirement because from what I read, all my income is not acceptable...(SSI/SSP for myself and youngest child who is a cancer child and state AFDC for two daughters because their mother is deceased). According to what I have read the income from these sources are not allowed for the affidavite of support, although I do come close to the 125% level. I have a close family friend who is like an adopted grandmother to my children. She has indicated that she would be willing to be a co-sponsor for my fiance. She makes well over the 125% level required for a family of 6..(myself, my fiance, my 3 children and her). first question is; Would she be able to be a co-sponsor? I have been told that the Manilla consulate is very picky about co-sponsors due to the fact that they want to make sure the filipine fiance does not become a burden to the US government. My fiance is a nurse, fully graduated from an accredited nursing school with a BA degree. She plans to take the NCLEX before we file for any Visa's and she has been working in a small hospital in Kolambugan, Lano Del Norte for almost two years. We were going to try to apply for a working visa due to her nursing background but have been told that USA is not accepting anymore visa apps for nurse's due to quota's having been filled. Plus was told a work visa could take a very long time....well over a year. Now...for the next part....from what I read..there is a requirement that we must have met in person within at least the last two years. In speaking with my primary pyshician...he has stated that due to the multiple health issues I have concerning my health he would not recommend that I travel such a long distance as to the philippines. So there goes the meeting her in her country in person....I have read that there is an exception called "extreme hardship" but that unless I am terminal and dying it is unlikely that I will get that waiver. So my next question is; we would be able to meet somewhere closer to home..to me that is...like mexico or canada? I was thinking maybe a months vacation in Baha California which is close to the border and San Diego in case something does happen to me and I need to be sent a hospital..I would only be a few minutes out. Or Vancouver B.C. which is not far from Seattle, Wa. There are many vacation packages available to these places that are within my budget and income. And if last resort came to last resort we could get married in those places too. I don't know much about K3 visa...bottom line here is...my kids consider my fiance as their mother and I love her and want to be with her and she loves me and wants our family to be together. We have spent two years waiting and hoping that someday we would be able to be together. I am not crying over spilled milk here...I understand our government has their rules. If it came down to it...I would risk everyting and go to the philippines to be with her...but have been informed that I would not be able to transfer my income to the philippines. If I were by myself all alone...I would rather spend one day even if it meant risking my life with her. But I cannot do that to my kids...we would go there with nothing and that would be a hardship I would not put my kids thru. I am just looking for some advice so please do not critisize me or judge me...everyone has a right to happiness and love don't they? Thank you for reading this.

[Ellie-and-David 38]

So what advice are you looking for exactly? I believe you were asking if you could meet in a 3rd party country?

The answer is yes. The important bit is meeting, not where it occurs.

You seem well informed about the co-sponsor situation in the Phillipines. Perhaps a member from that area can advise on the + and - of getting married v's K1 when it comes to co-sponsors in the Phills.

Good luck. The most important part is making sure you two meet. Without doing this, you are going to be unable to file. Very few waivers are granted on the "met in person" requirement. It's also important to meet because (and I wont be the last one to say this) you and your kids are inviting a new family member into the home, and you never really know someone until you have met them. I speak from experience, as do many people on this website. It's not a criticism, its a fact.

[Nik+Heather 122]

The way to get rid of the ambiguity about cosponsors is to get married and file for CR-1. With the CR-1, the support is with the I864 which has clear instructions and requirements for cosponsors. With the K1 visa, it is up to the interpretation of the consulate.

[Ellie-and-David 38]

The way to get rid of the ambiguity about cosponsors is to get married and file for CR-1. With the CR-1, the support is with the I864 which has clear instructions and requirements for cosponsors. With the K1 visa, it is up to the interpretation of the consulate.

I knew I had read something to that effect. Thanks Heather. You are a fountain of knowledge

[Nik+Heather 122]

The way to get rid of the ambiguity about cosponsors is to get married and file for CR-1. With the CR-1, the support is with the I864 which has clear instructions and requirements for cosponsors. With the K1 visa, it is up to the interpretation of the consulate.

I knew I had read something to that effect. Thanks Heather. You are a fountain of knowledge

Naw, I just learned it today. Probably from Jim or Stephen+Elisha. I make for an excellent parrot.

[sara..... 371]

in the last couple of years i have seen couples have a problem with that in that particular embassy but does not seem to be a problem if the couple is married, u would have to ask some of the couples from the Philippine tread they certainly can give u better advise about this than those of us that really only know what we read such as me

but u know what? i thought i read some place that u can use income from the state showing support as income? anyone with better knowledge of that want to chime in.

sara