confused about my children for k1 visa

[brian and aileen 14]

Hello good day to all,

My fiance is getting a lawyer for me (k1 visa) we are confused because i got 3 kids from my first husband and one child (4 months old)with my fiance, the lawyer said he will going to do 2 petitions for me and my fiance's son only. I wanted to know if he still need to put the other children under my dependents and i wanted to know if i need to show them 125% just for me and my youngest one only, or for all of us. we're planning that its just me and my baby first and then getting the other kids afterwards. We get a lawyer cause his income last year is insufficient cause he came here and visited me but now he got a good job and a good paycheck. Please help us.

Thank you all !

Confusedgirl

[SunDrop 59]

Going to move your post from off topic to K-1 process and procedures, as that's where it should be. Then answer your post

Edited March 9, 2011 by SunDrop

[SunDrop 59]

Hello good day to all,

My fiance is getting a lawyer for me (k1 visa) we are confused because i got 3 kids from my first husband and one child (4 months old)with my fiance, the lawyer said he will going to do 2 petitions for me and my fiance's son only. I wanted to know if he still need to put the other children under my dependents and i wanted to know if i need to show them 125% just for me and my youngest one only, or for all of us. we're planning that its just me and my baby first and then getting the other kids afterwards. We get a lawyer cause his income last year is insufficient cause he came here and visited me but now he got a good job and a good paycheck. Please help us.

Thank you all !

Confusedgirl

Welcome to VJ. Sounds like your lawyer is just as confused! If your 4 month old is the biological child of your US Citizen fiance, then he might qualify for citizenship. Have you done a CRBA (Consular Registration of a Birth Abroad) for him? This will indicate if he even needs a visa or whether he qualifies for citizenship. If he does qualify and you don't apply for it, they will not issue a visa for him. So start here and find out.

Fire the lawyer, if what you're saying is fully accurate. Sounds like he doesn't know what he's doing! Just my opinion, so of course you should do what you're really comfortable with but what he's saying doesn't make any sense. You don't need a lawyer because his income last year was low. What matters to them is his current income. You're going to be lucky if you get to the visa stage before the Fall anyway. By then, he'll have months of income to show.

You may have some hoops to jump through regarding your 3 children from your first husband. Before you even file the K-1 petition, check on the Philippines regional forum what the US Embassy Manila expects to see. I believe there are certain specific documents they want to see regarding former marriages and the children from that marriage. Once you know what you need and how long it could take to get it, you'll know when you're ready to start filing the K-1 petition.

ALL your children MUST be listed on your I-129F document. At first, your fiance is petitioning only for you. Once that petition is approved, you would apply for your K-1 visa and K-2 visas for all your non-US citizen children. Even if you have children who are grown up or that you never plan on bringing to the US, they MUST be listed.

Assuming your baby qualifies for citizenship, you'll complete all the application paperwork for you and your 3 children from your first marriage, but the children would be classed as "K-2 to follow" meaning they have 1 year from the date your visa is issued for theirs to be issued. Again, check with the regional forum what this entails through Manila.

To answer the sponsorship question, your fiance would have to show he can afford to sponsor himself, you and any children/ dependents he has. So if it's only you and your baby at first, then he'll need to demonstrate he's CURRENTLY earning enough to support 3 of you (again, unless he has other dependents on his tax return or any other children) until you bring your other children over. Then he'll need to show he can support 6 people (and final repeat: unless he has other dependents/ children).

[JimVaPhuong 4,863]

Hello good day to all,

My fiance is getting a lawyer for me (k1 visa) we are confused because i got 3 kids from my first husband and one child (4 months old)with my fiance, the lawyer said he will going to do 2 petitions for me and my fiance's son only. I wanted to know if he still need to put the other children under my dependents and i wanted to know if i need to show them 125% just for me and my youngest one only, or for all of us. we're planning that its just me and my baby first and then getting the other kids afterwards. We get a lawyer cause his income last year is insufficient cause he came here and visited me but now he got a good job and a good paycheck. Please help us.

Thank you all !

Confusedgirl

Your fiance only files a petition for you. Your children from previous marriages will be eligible to file for a visa once the petition is approved and sent to the embassy in Manila. No separate petition is required for them.

I assume the second petition the lawyer is talking about is the CRBA. That will establish that your fiance's child is a US citizen, and will get a US passport. Your fiance may have to submit a DNA test for this.

Your fiance's income must be 125% of the poverty guidelines for his entire household, which includes him and any dependents he's got, plus all immigrants. If he doesn't currently have any other dependents, then his household size will probably be six people. According to the current poverty guidelines, he'll need income in the neighborhood of about $37K per year.

[brian and aileen 14]

Welcome to VJ. Sounds like your lawyer is just as confused! If your 4 month old is the biological child of your US Citizen fiance, then he might qualify for citizenship. Have you done a CRBA (Consular Registration of a Birth Abroad) for him? This will indicate if he even needs a visa or whether he qualifies for citizenship. If he does qualify and you don't apply for it, they will not issue a visa for him. So start here and find out.

Fire the lawyer, if what you're saying is fully accurate. Sounds like he doesn't know what he's doing! Just my opinion, so of course you should do what you're really comfortable with but what he's saying doesn't make any sense. You don't need a lawyer because his income last year was low. What matters to them is his current income. You're going to be lucky if you get to the visa stage before the Fall anyway. By then, he'll have months of income to show.

You may have some hoops to jump through regarding your 3 children from your first husband. Before you even file the K-1 petition, check on the Philippines regional forum what the US Embassy Manila expects to see. I believe there are certain specific documents they want to see regarding former marriages and the children from that marriage. Once you know what you need and how long it could take to get it, you'll know when you're ready to start filing the K-1 petition.

ALL your children MUST be listed on your I-129F document. At first, your fiance is petitioning only for you. Once that petition is approved, you would apply for your K-1 visa and K-2 visas for all your non-US citizen children. Even if you have children who are grown up or that you never plan on bringing to the US, they MUST be listed.

Assuming your baby qualifies for citizenship, you'll complete all the application paperwork for you and your 3 children from your first marriage, but the children would be classed as "K-2 to follow" meaning they have 1 year from the date your visa is issued for theirs to be issued. Again, check with the regional forum what this entails through Manila.

To answer the sponsorship question, your fiance would have to show he can afford to sponsor himself, you and any children/ dependents he has. So if it's only you and your baby at first, then he'll need to demonstrate he's CURRENTLY earning enough to support 3 of you (again, unless he has other dependents on his tax return or any other children) until you bring your other children over. Then he'll need to show he can support 6 people (and final repeat: unless he has other dependents/ children).

[brian and aileen 14]

Thanks for your reply.. My marriage from my ex-husband was already annulled last month Feb. 14, 2011 (after 3 years Thanks God!) I was about to file CRBA for my baby but then as i rad in their new guidelines for Children Act 2000 it says that the US parent should accompany the child in US Embassy. My fiance can't come here cause his company won't give him vacation leave since he just started as permanent only last November 2010. I am pretty sure I can fill up those paper works cause that's my field when i worked in one of the biggest engineering government firm here. But my fiance don't want to take the risk so he wants to get an attorney. I have completed all the papers needed in CRBA so i don't know if i still need to pursue it or not. and my fiance don't have dependents. well he put his mom and his step dad on his IRS or tax return cause they lived with him. We planned to get the kids afterwards lets say after i already find work cause we need to show that our income would be enough for all of us.

[SunDrop 59]

Thanks for your reply.. My marriage from my ex-husband was already annulled last month Feb. 14, 2011 (after 3 years Thanks God!) I was about to file CRBA for my baby but then as i rad in their new guidelines for Children Act 2000 it says that the US parent should accompany the child in US Embassy. My fiance can't come here cause his company won't give him vacation leave since he just started as permanent only last November 2010. I am pretty sure I can fill up those paper works cause that's my field when i worked in one of the biggest engineering government firm here. But my fiance don't want to take the risk so he wants to get an attorney. I have completed all the papers needed in CRBA so i don't know if i still need to pursue it or not. and my fiance don't have dependents. well he put his mom and his step dad on his IRS or tax return cause they lived with him. We planned to get the kids afterwards lets say after i already find work cause we need to show that our income would be enough for all of us.

These instructionsdetail what to do if the father is not going to be there. There are several additional forms to complete, but the fact that they're available shows that it's possible. If you want to travel to the US with your baby, you absolutely need to pursue it. They will not issue the visa and you'll then be stuck in limbo, not being able to leave on your K-1 until your baby receives his passport. Get that sorted ASAP, ideally before you submit the the I-129F petition.

Do his parents earn any income? If so, and they continue to reside with him, they could complete I-864As to permit their income to be counted. If not, then he'll still need to count them as his dependents. This now boosts the number up to 8.

You will only have 1 year from the date that your K-1 is issued to apply for the children's K-2s. It's not about when you're ready, it's non-negotiable. You can have other people sponsor different people, though. I'm not up to date with this type of sponsorship, but definitely ask about it. Again, best to check what Manila does and doesn't accept because their requirements can differ from other countries.

[PreciousOne 4]

@confusedgurl!mine was we have a son with my fiance now who is my petitioner.and the name of our son was included in I129F petition and just recently i discovered that he is eligible for CRBA...but my fiance cant come here bcoz of his work.so im just waiting for the approval and waiting for what will the consulate requires us.

[brian and aileen 14]

These instructionsdetail what to do if the father is not going to be there. There are several additional forms to complete, but the fact that they're available shows that it's possible. If you want to travel to the US with your baby, you absolutely need to pursue it. They will not issue the visa and you'll then be stuck in limbo, not being able to leave on your K-1 until your baby receives his passport. Get that sorted ASAP, ideally before you submit the the I-129F petition.

Do his parents earn any income? If so, and they continue to reside with him, they could complete I-864As to permit their income to be counted. If not, then he'll still need to count them as his dependents. This now boosts the number up to 8.

You will only have 1 year from the date that your K-1 is issued to apply for the children's K-2s. It's not about when you're ready, it's non-negotiable. You can have other people sponsor different people, though. I'm not up to date with this type of sponsorship, but definitely ask about it. Again, best to check what Manila does and doesn't accept because their requirements can differ from other countries.

[brian and aileen 14]

I guess I need to pursue filing the CRBA. Regarding about his parents income. AS far as i KNow his parents are receiving their pension and if I am not mistaken it is amounting to more than 24,000 in a year for both of them. Now the problem i have here is I don't know if US Embassy in Manila will accept I-864A since I will be holding a K1 visa which is non-immigrant visa. I am confused cause do I have to show 125% even if its just me and the baby who will go first ?

[pushbrk 12,979]

I guess I need to pursue filing the CRBA. Regarding about his parents income. AS far as i KNow his parents are receiving their pension and if I am not mistaken it is amounting to more than 24,000 in a year for both of them. Now the problem i have here is I don't know if US Embassy in Manila will accept I-864A since I will be holding a K1 visa which is non-immigrant visa. I am confused cause do I have to show 125% even if its just me and the baby who will go first ?

Since you're applying for K visas for yourself and three children, I would NOT expect Manila to accept any cosponsors. You fiance would be wise to plan on having enough income to qualify on his own. If he doesn't, then he'll need to upgrade his employment and income before you obtain any visas. The attorney should be advising him on this but sometimes they only collect a fee to file initial papers, then walk away from the process before the affidavit of support comes up. The petitioner needs to check into this thoroughly.

[happyblessedme 12]

Thanks for your reply.. My marriage from my ex-husband was already annulled last month Feb. 14, 2011 (after 3 years Thanks God!) I was about to file CRBA for my baby but then as i rad in their new guidelines for Children Act 2000 it says that the US parent should accompany the child in US Embassy. My fiance can't come here cause his company won't give him vacation leave since he just started as permanent only last November 2010. I am pretty sure I can fill up those paper works cause that's my field when i worked in one of the biggest engineering government firm here. But my fiance don't want to take the risk so he wants to get an attorney. I have completed all the papers needed in CRBA so i don't know if i still need to pursue it or not. and my fiance don't have dependents. well he put his mom and his step dad on his IRS or tax return cause they lived with him. We planned to get the kids afterwards lets say after i already find work cause we need to show that our income would be enough for all of us.

you don't need the presence of your hubby to apply for your baby's CRBA. I gave birth in the Philippines and my hubby was not even on my side when i gave birth and i had no problem in getting my baby's CRBA which was done in 10 days.All u need us ur hubby's acknowledgement and his signatures on the forms.

[brian and aileen 14]

@ pushbrk ... I am applying visa for me and for my youngest one only cause the other kids are schooling here so do I need to show them 125% income even if its just me and the baby only ? Or do we have any option like getting married here first so we can count his parents income since if he file a spouse visa we can use i-864 form for additional income.

Anyways, thanks to all your reply i really appreciate it and it ease my mind somehow.

[pushbrk 12,979]

@ pushbrk ... I am applying visa for me and for my youngest one only cause the other kids are schooling here so do I need to show them 125% income even if its just me and the baby only ? Or do we have any option like getting married here first so we can count his parents income since if he file a spouse visa we can use i-864 form for additional income.

Anyways, thanks to all your reply i really appreciate it and it ease my mind somehow.

Children that are not immigrating are not counted in the household size. Yes, once you are married, the I-864 and potentially a second I-864 or I-864a can be used. Yes, it's 125% of the poverty guideline but only for the petitioner's current household plus the intending immigrants being sponsored at that moment.