A few questions regarding the process

[jace5869 9]

I'm currently in the Philippines staying 3 months with my girlfriend/fiance. I decided to come and stay an extended period of time before going straight back into work. I think it's ultimately the best decision as I get to really experience the very day normal activities and take a our time together. A little back story, I recently got out of a 9 year relationship, in which I supported the girl through school and to get a job. She was suppose to help me finish school and get back on track after falling into some depression after the Sony plant I worked at shut down. Anyways, long story short my previous tax return is inadequate, and this year is too since I didn't work and I spent more time moving back home and trying to get on my feet.

Thankfully, when I was about to give up on smiling, or laughing, or being happy I met the most unlikely person - someone 8k miles away, and honestly perfect in every way for me. We're about to celebrate our 4 month anniversary by getting married here in the Philippines. We were planning originally to apply fora K1 visa and marry in the US, but after some further research I kind of figured I would have no chance of us getting approved, because of my income. Apparently, the Affidavit of Support for a K1 is not legally binding and the Embassy doesn't have o accept them? So, after some more searching I've seen threads here on VJ saying to file a K3, or a CR=1/IR-1 and wait, because the I-864 (I think it is) is a legally binding document.

Basically, I'm going to have my aunt be a co-sponsor and I was thinking of also getting my fiance's uncle be a co-sponsor, who lives in the US now, too.

1. Is this even possible for the Embassy to include all of our assets and income, or am I just going to be wasting money filing a petition that will inevitably get denied?

I do want to say that, no we aren't getting married for a visa. We recognize that really we see each other together for life, and we make each other happy. Our goal is to be together, and continue growing our family together. We plan to have another ceremony in the US in the future. We'll also be getting affidavits from family members saying our relationship is genuine, too.

After my stay is done here in the Philippines I plan on finding a job (I have some options lined up from my previous boss) and begin work on filing the petition.

2. Is it a good idea still to file a K-3, or do I only really need to file the I-130 form?

3. Do I fill out and send the I-130, the G-325a form,I-864, and money for filing all together with our pictures, conversations, affidavits and passport style photos? Or do I wait for some type of NOA's?

4. What service center does Alabama file to?

It's late here, but I wanted to get some questions going and clear some thoughts up. I appreciate all the help!

[NikLR 13,234]

1) yes the embassy will have to accept co-sponsors on a CR1 visa

2) only file the I-130 - the K3 is an obsolete visa and rarely granted anymore.

3) Read the guide!! http://www.visajourn...tent/i130guide1 (you include the I-130, 2 G32as, a passport style photo of both of you, and all the evidence of a bona fide relationship) Dp not include the I-864. That is sent to the NVC after the petition is approved. when you go back to the USA, if you have an opportunity to work a job that makes over the 125% of the poverty guidelines then you will not need a co-sponsor.

4) The Chicago lockbox - it's on the I-130 instructions page.

Best of luck with your journey

Edited March 25, 2013 by NikiR

[jace5869 9]

Thank for the reply and your link. It's extremely helpful! this site is amazing!

I do have a couple of questions and they may be a little off-topic.

1. My wife-to-be has one child, and as far as I can tell I will need to file two I-130 petitions. One for my wife and one for the child...correct? Do I file these together, and they both cost the filing fee?

2. This is the off topic question...When we get married I want to have her name changed and her child's name changed here in the Philippines. I think we can just amend her passport with her new married name, but what about her child? The father never recognized the child at birth and he is not listed on the birth certificate. So, under those terms I understand the mother has all the rights, and we do not need to contact the birth father.

Thanks again!

[NikLR 13,234]

1) Yes you will need 2 petitions, both with their own filing fees and documents. Each will need a photocopy of the marriage certificate and the child's will need a photocopy of their birth certificate. Exactly what you need to send is in the instructions you can download alongside the I-130

2) You will have to adopt the child to change their last name to yours. A child's name doesn't automatically change just because a mother's does. I believe you are correct about not contacting the father but perhaps someone else who had been through the same circumstance might have a different answer. I'd assume if he's not on the birth certificate and doesn't pay child support, she has full custody. She may need a document stating that fact however.

[jace5869 9]

Do I file both I-130's together and send them in the same packet?

Also when filling out the G-325a the city and country is a little to long to fit in the space required. Can I abbreviate the country like in the picture, or will this cause issues?

Edited March 28, 2013 by jace5869

[oohpartiv 484]

Do I file both I-130's together and send them in the same packet?

Also when filling out the G-325a the city and country is a little to long to fit in the space required. Can I abbreviate the country like in the picture, or will this cause issues?

I wouldn't abbreviate anything. If you can't fit something in the given space, use an attachment sheet and put "see attachment" in the space provided on the form.

[NikLR 13,234]

I wouldn't abbreviate anything. If you can't fit something in the given space, use an attachment sheet and put "see attachment" in the space provided on the form.

or write it in by hand

Do I file both I-130's together and send them in the same packet?

Yes! If you want them to stay together, which you do, send the packages together in the same envelope to the USCIS.

[shivaguru 0]

CONFUSED AT ONE OF THE QUESTION.CAN YOU SEE QUESTION NUMBER 9.

QUESTION NO 9.

INCLUDING PRESENT MARRIAGE, I HAVE BEEN MARRIED ------- TIMES.

DO WE HAVE TO PUT 1 OR LEAVE BLANK.[

quote name=NikiR' timestamp='1364442132' post='6087973]

or write it in by hand

Yes! If you want them to stay together, which you do, send the packages together in the same envelope to the USCIS.

[NikLR 13,234]

Are you married? Have you been married before? If you are married now and have never been before you write 1. If you have been married before this current marriage you write down the number of times you have been married plus the current marriage.