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Posted

Hi guys! Question is this:

I am a 24 year old US Citizen with 2 kids who would like to file a petition for my kids and fiance.

A. What would be the best thing to file?

B. I just gave birth in the Philippines and I'm not working since it's my fiance who is. Can I ask for a co-sponsor in the US? Will the embassy accept that?

C. What are our chances of getting approved if my fiance is earning well but I(the petitioner) am unemployed? Would our bank statements be enough to prove that we wont be of public charge?

D. Can I provide an income tax return from the Philippines?

E. i am currently staying at home since I just gave birth and my fiance is the one working. He earns a little above what is in the poverty line, would that be valid?

F. Even i I am the woman would I still need to be the one to provide support? Even in my fiance's earnings are okay?

G. Can the beneficiary be the one to support himself?

Thank you very much!!

Filed: Citizen (apr) Country: Iran
Timeline
Posted

Wow I've read the same questions in like four other posts.

You won't file any petition for the children if you are eligible to pass on US citizenship to them. Check the requirements for CRBA and if you meet them file for the CRBA and US passports.

In your situation it would be best to get married and file for the CR-1

They usually do not accept joint sponsors for the K-1, this is why I recommended you marry and file for the CR-1.

If you have assets that are 3X (about $120.000) the poverty level for your household size (4) you can try to use assets but my understanding is this particular embassy does not like to use assets, rather they prefer income.

A Philippine income tax return means nothing. You need three years worth of US tax returns.

His income can only be used if he can prove it will continue from the same source after he immigrates.

Sex does not matter. You are the petitioner, you will be responsible for him not becoming a public charge.

Posted

Hi guys! Question is this:

I am a 24 year old US Citizen with 2 kids who would like to file a petition for my kids and fiance.

A. What would be the best thing to file?

B. I just gave birth in the Philippines and I'm not working since it's my fiance who is. Can I ask for a co-sponsor in the US? Will the embassy accept that?

C. What are our chances of getting approved if my fiance is earning well but I(the petitioner) am unemployed? Would our bank statements be enough to prove that we wont be of public charge?

D. Can I provide an income tax return from the Philippines?

E. i am currently staying at home since I just gave birth and my fiance is the one working. He earns a little above what is in the poverty line, would that be valid?

F. Even i I am the woman would I still need to be the one to provide support? Even in my fiance's earnings are okay?

G. Can the beneficiary be the one to support himself?

Thank you very much!!

A. Your best option would be to marry and file a CR-1 visa. A co-sponsor is difficult to be accepted with the fiancé visa, but USEM has to accept a co-sponsor with the spousal visa. You have a better chance of getting approved this way.

B. Yes you can submit co-sponsor information, however its difficult to have a co-sponsor accepted for the fiancé visa.

C. If the embassy will accept your co-sponsor, then you would likely be approved. If not, then you will have to find a way to meet the poverty guidelines on your own. Bank statements, and any assets for that matter, are usually not considered as the sole basis of your affidavit of support...you need income.

D. No, an income tax return from the Philippines is irrelevant. You need a US tax return. Furthermore, if you are a US citizen working abroad you still need to file US taxes.

E. Your fiancé's work will not count.

F. You as the petitioner are the one who needs to establish that YOU make enough income to support your household size. Your fiancé's income isn't considered.

G. No, the petitioner is responsible.

K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;  Interview Waiver Letter:  01/02/2015;  

RFE:  07/09/2015;  Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

NOA1:  05/24/2017;  Biometrics:  06/13/2017;  Approved without interview:  09/05/2018;  10 Yr Green card Received:  09/13/2018

 

Naturalization

08/09/2020 -- Filed N-400 online

08/09/2020 -- NOA1 date

08/11/2020 -- NOA1 received in the mail

12/30/2020 -- Received notice online that an interview was scheduled

02/11/2021 -- Interview

 
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