Jump to content
Sign in to follow this  
jayne1318

HELPT! k-1 visa for my fiance and k2 visa for our daughter! PLEASE HELP!

12 posts in this topic

Recommended Posts

hi everyone! hope you could help me out and be able to answer all my questions. thank you so much in advance.

i am a US citizen by birth in guam USA from a filipino citizen parents. i have a US passport, but when i was 3months old, my parents send me to philippines with my aunties because no one will take care of me in USA because both my parents are working. so me and my brother went to the philippines with my mother. my father stayed in guam to work. but didnt also stayed long enough because he was sent to Dubai UAE to work. so i grew up in the philippines with my brother, also a US citizen by birth in guam. after a few years my mother also went to Dubai to work with my father. we, me and my brother studied in the philippines, until Grade 3, then we went also to Dubai to continue our studies and be with our parents there. after graduating High school in UAE at 2004, we went back to Philippines to study college, leaving my parents in Dubai to continue working in order to support us financially.

During my 3rd year in college (sept 2007) as BS nursing student, i met alfred, who is my fiance now. we started to have a relationship by december 2007. since then i told him that i will not stay long in the philippines because after graduating i will be going back in Dubai then USA to work as a nurse. so i wanted him to go with me in USA. i searched in the internet on what and how the visa could be applied in the future. but after graduating, we were blessed to have a baby, our daughter. but we planned not to get married first and just do it in the near future. my parents was then in the philippines because of my graduation, then they ask me to go back with them in Dubai and then from there i will go back in USA and just deliver my baby there. but because my condition as being pregnant is not that safe, when i am alrady in dubai, i was always crying because i miss my fiance who was in the philippines, i went back in philippines after 2 months in dubai instead of going in USA. my parents we're worried because we dont have immediate relatives in USA to take care of me when i deliver.

december 2009, my baby girl was born, i couldn't go to USA by that time because i need to take care first of my newborn baby girl. july 2010 my fiance went to Dubai, as requested by my parents, so that he can work to support me and my baby financially. december 29, 2010 me and my baby went to dubai to visit my fiance and my parents, february 2011 we went back to philippines because my baby visa is going to expire. july 2011 started my review in philippines for Licensure exam in California USA. october 2011 i started filing my application for licensure exam, while waiting for the result of my application i worked as data encoder in pampanga. March 2012 my fiance went to philippines for a vacation. April 26, 2012 he went back in dubai to continue his work. May 3, 2012 i decided to go to dubai to work first while waiting for the result of my application for licensure in california to be approve. now i am working in dubai since June 24, 2012. and the plan of living in USA with my fiance and our daughter is still a plan and dont know where, when and how to start it.

after the long story above. please help me...

1. me and my fiance are working in dubai, can we still file the k1 visa? our daughter is in the philippines with my aunt, can we still file for k2 visa? since i am in dubai, where can i file? is it required that i should be in USA to be able to file the k1 and k2 visa? because i read something on other forums sites that the US citizen must be in the US when filing for k1 visa for fiance.

2. the sponsors to prove that we will not be a public charge in USA. since i am working in dubai, and dont have a job in USA, meaning i cant be a sponsor? so i need to find a co-sponsor? can my parents sponsor for both of us? my fiance also have relatives in las vegas USA, can they be a co-sponsor? how many sponsors are allowed? my fiance's have 4 auntie , 1 uncle in lasvegas who are currently working there too.

3. does my fiance need to go back in philippines when i file the k1 and k2 visa? or no need? because we have US embassy in dubai and abu dhabi in UAE.

4. how about the police clearance requirement for my fiance, where will that be coming from? in the philippines? or in DUbai police station?

5. k2 visa for my daughter, will that be possible if she is in the philippines and me and my fiance are in dubai?

6. i also want to file a CRBA for my daughter to acquire US citizenship and be able to have US passport, since she was born to a US citizen mother out of wedlock. they are requiring me to have at least 1 year continouis physical presence in US before my baby is born. is there any other solution for these? because i dont have a 1 year continouis presence in US. i was only 3 months old when my parents sent me to philippines.

please.. i need help so i can start and meet my biggest dream, to live in USA with my family...

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ireland
Timeline

1. You can file a K1 for your fiance (via the USA), and he can interview in Dubai. The domicile issue will be a problem. Your daughter you need to file a I-130 immediate relative petition for, as she is the biological child of a US citizen.

2.You are still primary sponsor but yes, unless you have lots of assets will need co-sponsoirs; you can have two, one for the child and one for the fiance.

3. No, he can interview anywhere he is legally resident, same with your child, it need not even be in the same location.

4. He wil need one from Phils and any other country he's lived in longer than a year since age 16. Contact the relevant embassies to check how to get one.

5. No- see 1.

6. YOu can;t do a CRBA, becuase you don;t have the physical presence requirement. She will need a visa.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Uganda
Timeline

if you are a US citizen and have a valid passport you can go and stay in US any time u wish. you do not need a co-sponsor. it is you fiancé and who need a co-sponsor. one per applicant. he can use his close relatives but philippine is tricky when it comes to co-sponsors. you can apply for you fiancé k1 and baby k2 from abroad (dubai or philippine) you need police clearance from both countries for your case.

Edited by sassy222

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Philippines
Timeline

You can go back to the US and live there for a year. Establish a life and work so you can file K1 for your fiancee.

Return to the Philippines, file CRBA for your baby.

Edited by apple21

Share this post


Link to post
Share on other sites

Here are some ideas...

You need to be domiciled in the U.S., so you should live with one of your fiancé's relatives in Las Vegas. Apply to sit for the NCLEX-RN through the State of Nevada. Once you are licensed as an RN in Nevada, get a job there as an RN. Once you have a job as an RN, you could file either a spousal petition or a fiancé petition, depending on whether you decide to marry in 'Pinas or in the U.S.

Keep in mind that you can not use your fiancé's relatives as joint sponsors. Also, you can't use your parents as joint sponsors because they are not U.S. citizens. However, you won't need a joint sponsor because you will be earning well above 125% of the poverty line for your household size.

Your fiancé does not have to go back to 'Pinas when you file a petition for him. He can interview at the U.S. Embassy in the UAE. The only reason he might want to return to 'Pinas is to get married there. However, he can return to Dubai after he gets married.

If your fiancé is living in Dubai at the time you petition him for a fiancé visa, and he has his interview there, he will need a Dubai police clearance if he's lived there more than six months. He can get a police clearance while he's living in Dubai, but I'm not sure if Dubai would issue a police clearance if your fiancé were living in 'Pinas. In that case, the U.S. Embassy Manila would waive the Dubai police clearance. I'm not sure what the rules are for a spousal visa. Also, your fiancé will need an NBI clearance from 'Pinas.

I don't know the rules about petitioning your daughter, but you may need to file an I-130.

Edited by Tahoma

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Canada
Timeline

~~~~Duplicate post merged, please do not post the same topic twice it makes it easier to keep all the questions and answers in one spot. ~~~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites

hi, thank you for all of your reply... but its not yet clear to me, do you mean i have to go back first to USA before i can file for k1 visa for my fiance? isn't it possible that we can file from dubai by sending the application to USCIS via courier, and then we can go to USA together when it is approved?

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Colombia
Timeline

Keep in mind that you can not use your fiancé's relatives as joint sponsors.

And why not? As long as they are US citizens or LPRs they should qualify as valid cosponsors.

Share this post


Link to post
Share on other sites

And why not? As long as they are US citizens or LPRs they should qualify as valid cosponsors.

ahhhh.... so that means i could ask the relatives of my fiance in lasvegas to be our co-sponsors?

Share this post


Link to post
Share on other sites

my visa journey with my husband is canceled. We recently separated coz i found out that he was having an affair with one girl. Now i will start figuring out how to process the US citizenship of my daughter through CRBA. Anyone has an idea? please help. i do not have a proof of 1 year physical presence in the US.

Share this post


Link to post
Share on other sites
Filed: Other Country: Canada
Timeline

my visa journey with my husband is canceled. We recently separated coz i found out that he was having an affair with one girl. Now i will start figuring out how to process the US citizenship of my daughter through CRBA. Anyone has an idea? please help. i do not have a proof of 1 year physical presence in the US.

Without physical presence a CRBA is unlikely

Edited by Transborderwife

Share this post


Link to post
Share on other sites
Filed: Citizen (apr) Country: Ecuador
Timeline

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...