Financial situation (co sponsor) - Philippines

[Juvenyle 0]

Good Evening,

I am currently trying to file my K-1 Visa to get my fiance and my daughter here from the Philippines. I am having some hiccups a long the road, regarding the financials. I did not make enough last year to support my fiancee and our daughter according to my tax statements. but I was transitioning from active duty to reserves and was without work for 3-4 months. I currently am employed full time and would meet the requirements had I worked a full year. Also I will be going back to active duty as soon as they both arrive. Which will put me well over the required requirements. Would they take this into account? Also I'd like to use my cousin as my co sponsor. He is currently active duty Navy as well and is like a brother to me, he is more than willing to help me and my fiancee and daughter out. Would it look bad to use my cousin and not say a mother or father or brother/sister? I appreciate all the help guys thank you

[C-ma'am 684]

**Post moved to Philippines

[Jettechfsr 5]

Have you read this

http://www.uscis.gov/military

[Juvenyle 0]

Yes, I have read this stuff. I do not qualify for most of it because I am not being deployed, and we are not currently we married.

[Tahoma 2,298]

A K-1er trying to use a joint sponsor at the U.S. Embassy Manila is a ####### shoot. At best, you have a 50/50 chance that they will accept a joint sponsor.

That being said, I encourage you to petition your fiancée anyway. The Embassy usually bases their decision on your current sustained income rather than last year's income. At her interview, I recommend that your fiancée submit, among other things, several of your current paycheck stubs, a letter from your employer, and a letter from you detailing your improved financial status. This will show the consular officer your improved financial status.

I would strongly recommend that you attend your fiancee's interview. I believe that attending the interview could put you over the top. You could personally explain your situation to the consular officer. Also, along with your other proof of current sustained income, you could try to submit your joint sponsor's documents...another brick in the wall.

[Juvenyle 0]

I see, that's not the greatest news I could hope for but at least it's something. Hopefully the letter from my CO stating I'm going active duty by December 2014/Jan 2015 and the income I will make will show them that I'm more than capable of supporting my fiancee. As well as them accepting my cousin as a co sponsor. thank you for your help all I can do is hope. I appreciate you being straight forward about everything. Out of curiosity did you have a co sponsor? Also if there is anyone else out there that did file with a co sponsor I'd appreciate your feedback, Thank you

Edited January 4, 2014 by Juvenyle

[Tahoma 2,298]

You are very welcome...and thank you for your service to our country.

I didn't need a joint sponsor. However, it's an issue I've been following here on VJ for quite a while.

If the U.S. Embassy Manila does not accept a K-1er's joint sponsor, and the petitioner's income is below 125% of the poverty guidelines, the Embassy will not deny the visa. Instead, they will issue the beneficiary form 221g, stating that the petitioner has a one year period in which to correct the income shortfall.

In your case, it's unlikely that your fiancée will be issued a 221g because your current sustained income (at the time of her interview) will be above 125% of the poverty guidelines. She should be approved for a visa.

[Hank_ 9,174]

Good Evening,

I am currently trying to file my K-1 Visa to get my fiance and my daughter here from the Philippines. I am having some hiccups a long the road, regarding the financials. I did not make enough last year to support my fiancee and our daughter according to my tax statements. but I was transitioning from active duty to reserves and was without work for 3-4 months. I currently am employed full time and would meet the requirements had I worked a full year. Also I will be going back to active duty as soon as they both arrive. Which will put me well over the required requirements. Would they take this into account? Also I'd like to use my cousin as my co sponsor. He is currently active duty Navy as well and is like a brother to me, he is more than willing to help me and my fiancee and daughter out. Would it look bad to use my cousin and not say a mother or father or brother/sister? I appreciate all the help guys thank you

First - Daughter. Your daughter so she is already a USC? If so. Did you complete the CRBA and get her a U.S. passport yet?

Have you started the petition process, I-129F, or is that what you are referring to at this time? For the petition process you do not need to worry about income requirements, that doesn't happen until the actual visa application/interview in Manila. So you have time is that is the case.

If you are at the visa application stage of this journey and dealing with Manila, it is best to first note that USEM can be unpredictable with using a co-sponsor with the K-1. If they do accept a co-sponsor, first and foremost they want it to be a relative so your cousin is a good choice. As for your past income being short that is not a big issue as long as your current income is on track for meeting the poverty guidelines of the I-864P, you could add a letter of explanation, and of course include an employer letter and recent pay stubs.. Do you have paperwork showing you are going back to active duty yet or is that just a plan? My gut says you should be fine and won't need the co-sponsor but for sure no issue including the needed documents for the interview will not hurt.

Pop over to the Philippines forum ... lots of assistance there. http://www.visajourney.com/forums/forum/129-philippines/

Edited January 4, 2014 by Hank_

[Juvenyle 0]

Thank you all for the responses. I have not started the process yet, I'm trying to get a full understanding of everything I need to do before starting the paperwork. The one thing that is troubling is, no my daughter isn't a USC yet. I was there at the birth and signed the birth certificate but I was not able to do anything more since I needed to be back at work and she lives in a small town in South Cotabato. I was under the understanding that if she was approved then our daughter could come a long with her to the US. I understand their are other forms that I would need to fill out for this to be accomplished. Secondly regarding active duty. I have two options go on a deployment in june to afghanistan. Where I was told I could expedite the VISA process. Or to go full time active duty I would need to wait until December 2014, where my CO would grant my release from my contract to sign a new contract to go back to active Duty. I have been patient seeing as I needed to do two years in the reserves before I could get out on my contract and go back to active. I was released from active duty on December 2012. My situation is really crazy haha I've been getting stressed out a lot recently, it seems theres so many hoops to jump through just to get this done. Once again I thank you all for your responses it's reassuring to hear from people who have been through these situations.

Edited January 5, 2014 by Juvenyle

[PreciousMJ 2]

Good Evening,

I am currently trying to file my K-1 Visa to get my fiance and my daughter here from the Philippines. I am having some hiccups a long the road, regarding the financials. I did not make enough last year to support my fiancee and our daughter according to my tax statements. but I was transitioning from active duty to reserves and was without work for 3-4 months. I currently am employed full time and would meet the requirements had I worked a full year. Also I will be going back to active duty as soon as they both arrive. Which will put me well over the required requirements. Would they take this into account? Also I'd like to use my cousin as my co sponsor. He is currently active duty Navy as well and is like a brother to me, he is more than willing to help me and my fiancee and daughter out. Would it look bad to use my cousin and not say a mother or father or brother/sister? I appreciate all the help guys thank you

Hi Juvenyle,

I have the same situation as yours but I'm the beneficiary. My fiance did not make enough last year and I was questioned about that by CO in US Embassy during my interview (Dec 12, 2013). My fiance started working in Jan 2013. I tried to show the CO his pay stubs from Jan til Dec 2013 to prove that he's making a lot this year. The CO just check the 3 months pay stubs and visa got approved.

I think you have enough time to make more money. The most important thing is that your current income is enough by the time of interview instead of checking the last year's income.

Goodluck!

[Hank_ 9,174]

Thank you all for the responses. I have not started the process yet, I'm trying to get a full understanding of everything I need to do before starting the paperwork. The one thing that is troubling is, no my daughter isn't a USC yet. I was there at the birth and signed the birth certificate but I was not able to do anything more since I needed to be back at work and she lives in a small town in South Cotabato. I was under the understanding that if she was approved then our daughter could come a long with her to the US. I understand their are other forms that I would need to fill out for this to be accomplished. Secondly regarding active duty. I have two options go on a deployment in june to afghanistan. Where I was told I could expedite the VISA process. Or to go full time active duty I would need to wait until December 2014, where my CO would grant my release from my contract to sign a new contract to go back to active Duty. I have been patient seeing as I needed to do two years in the reserves before I could get out on my contract and go back to active. I was released from active duty on December 2012. My situation is really crazy haha I've been getting stressed out a lot recently, it seems theres so many hoops to jump through just to get this done. Once again I thank you all for your responses it's reassuring to hear from people who have been through these situations.

For your daughter you & your finacee need to get the CRBA done (Consulate Report of Birth Abroad), then your daughter can get her U.S. passport... then she will just travel along with her mom.

http://manila.usembassy.gov/service/citizenship.html

http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7/crba-reminder2.html

Edited January 5, 2014 by Hank_

[Juvenyle 0]

Hey some updates guys I must have missread the poverty guidelines for military since I am not active I do not fall under the 100% guidelines I need to to follow the 125% poverty level. I currently make 19-21k a year at my current job but with my W2 from the reserves last year I made 5,500. I know you guys said to show them my current pay stubs. which I will do and it will calculate to around 20.5k im assuming. but will they add in my reserve w2 form? and not just the paystub. I am an E-4 I get around 264 a month from it. that is not counting the AT I do per year. that is how I ended up at 6k. if they do will I need to explain this to them? Thank you again very much