K1 Visa sponsor question for Manila

[jbee77 0]

Hello there I would like to ask something, My fiance is currently unemployed due to their company cut off some employee on May 2011. But he was with them for six years. Anyway, since my birth month is JUNE he didnt apply yet and traveled to my country. He does have enough savings to travel from then and now, for Christmas and etc. However, since we are filing for K1 visa we are going to have his father sponsor us and file the 134 form. I have checked the qualification and we have more than the requirement they are asking for a sponsor.

My question is will I have any problem for Manila Embassy and with my papers? Any possible denial?cause I heard something like co sponsor is not allowed in manila? is that right? I am a bit confused.

[sjr09 155]

"Any possible denial" yes, he is unemployed. It's not that co-sponsor are not allowed at USEM but rather it is case by case.Being unemployed with no income is not in your favor for approval.

Petitioners in fiancé(e) (K1) nonimmigrant visa cases are generally expected to provide the adequacy of their own financial resources to ensure that an alien, after admission into the United States, will not become primarily dependent on the US Government for subsistence. While our immigration law does not disallow joint sponsorships for K nonimmigrant visa applicants, the mere submission of an I-134 Affidavit of Support from joint sponsors is not sufficient to establish that the alien is not likely to become a public charge. I-134 is not legally binding and imposes no legal obligation on the joint sponsor to make good on his or her promises.

[Wally G! 58]

First. K-1 requires that the US Citizen meet their fiance in person within the 2 year prior to filing for I-129F petition. Make sure he meets you before filing the I-129F petition. Take lots of pictures, save your chat logs (YM, Skype, Facebook, TXT MSG, Phone records, Plane Tickets etc.)

Manila USEM reviews K-1 visa applicant with co-sponsor on a case by case bases. From what I have read from those who have use co-sponsor for K-1 Visa most are denied. Burden of proof of financial support is on the petitioner to proof that he or she can support the beneficiary when they come to the united states.

Edited July 12, 2012 by Wally G!

[abner137 48]

First. K-1 requires that the US Citizen meet their fiance in person within the 2 year prior to filing for I-129F petition. Make sure he meets you before filing the I-129F petition. Take lots of pictures, save your chat logs (YM, Skype, Facebook, TXT MSG, Phone records, Plane Tickets etc.)

Manila USEM reviews K-1 visa applicant with co-sponsor on a case by case bases. From what I have read from those who have use co-sponsor for K-1 Visa most are denied. Burden of proof of financial support is on the petitioner to proof that he or she can support the beneficiary when they come to the united states.

I believe he's right, CR-1 is the way to go in phils wih a co-sponsor.......

oh yea....and have him get a job.....

Edited July 12, 2012 by abner137

[Tahoma 2,291]

If your fiancé can not meet the income requirement, and if he can't meet the income+liquid assets requirement, and if the Embassy won't accept the joint sponsor, then your visa will not be denied. Instead, the consular officer will issue you an MNL-IV-22 (221g) which will allow you one year to provide the Embassy with proof that your fiancé's current sustained income is enough to meet the guidelines.

Since the U.S. Embassy Manila accepts joint sponsors for K-1-ers on a case-by-case basis, your safest bet is for your fiancé to get a job that pays enough for him to meet the income guidelines. If he doesn't do that, then I would strongly recommend that he attend your interview, and that you attempt to submit an I-134 and an I-864 (along with their supporting documents) from his joint sponsor.

[bacardi101 0]

hi tahoma i was wondering, in regards to my situation, my fiancees dad owns a landscaping company and he works for his dad. his dad gives him money but of course there is no papers for it..you know..just hand him the money and thats it.

would that be sufficient enough? i am worried sleepless in philippines.

hes also on the gi bill and going to school. he told me he can get a loan and a sponsor...but..is that enough? </3

[Penguin_ie 5,986]

hi tahoma i was wondering, in regards to my situation, my fiancees dad owns a landscaping company and he works for his dad. his dad gives him money but of course there is no papers for it..you know..just hand him the money and thats it. </3

Does he declare it on tax returns? "just giving money" sounds like it is undeclared, under the table. So of course that wouldn't count as there is no record of it.

[Tahoma 2,291]

hi tahoma i was wondering, in regards to my situation, my fiancees dad owns a landscaping company and he works for his dad. his dad gives him money but of course there is no papers for it..you know..just hand him the money and thats it.

would that be sufficient enough? i am worried sleepless in philippines.

hes also on the gi bill and going to school. he told me he can get a loan and a sponsor...but..is that enough? </3

Does he declare it on tax returns? "just giving money" sounds like it is undeclared, under the table. So of course that wouldn't count as there is no record of it.

^^^ Agreed.

bacardi101...What is the amount on line 22 of your fiancé's 2011 federal income tax return? Does that income meet or exceed 125% of the poverty guidelines for your fiancé's household size?

If your fiancé's income on his federal income tax return does not meet the guidelines, then he can attempt to use a joint sponsor, but there is no guarantee that the Embassy will accept it. I don't think a loan would do any good.

If your fiancé is below the poverty guidelines, I would build your case this way:

> Have your fiancé attend your interview in order to help you make his financial case with the consular officer.

> Submit both an I-134 and an I-864, along with their supporting documents, from a joint sponsor who is a close relative of your fiancé.

> Submit a notarized letter from the joint sponsor detailing their support of your marriage and their commitment to your financial support.

> Submit a letter from your fiancé pointing out that he is a veteran, that he is going to school on the GI bill, and that he will have improved job prospects once he graduates. Also, include any information on how he intends to support you until he graduates and gets a job, so you don't become a public charge when you are in the U.S. These are all things that he can personally tell the consular officer, but I feel it's good to put them down on paper too.

> Submit your fiancé's 2011 federal income tax return and his W-2's/1099's. Also submit tax returns from 2010 and 2009 if they show higher income.

[Ryan H 3,791]

Moved from K1 Process & Procedures to Philippines regional forum; topic is country specific.