Will TEMPORARY receipt of benefits (food stamps) affect my application?

[JTC84 0]

Spousal is for when you are already married.

Yeah that's the hard part!

I looked into getting married in the PH... at the time it seemed a K1 would be easier.

Maybe I should get married there?

[NikLR 13,236]

Manila very rarely accepts co-sponsors for a K1 because the form is not legally binding. This is within the discretion of any embassy or consulate. However every consulate must accept a joint sponsor for a CR1/IR1 (spousal) visa as the affidavit of support for that visa type IS legally binding.

You must make 100% of the poverty level to sponsor by yourself on a K1 and 125% for a spousal visa. Currently that is almost 20k per year so about $10/hr working fulltime.

Edited October 22, 2014 by NLR

[NikLR 13,236]

However it's highly unlikely that a family of 2 can actually survive on that.

Remember to factor in ALL the costs of a K1 which include the A0S. It's not a cheap process and your fiancée would be unable to work to help out for about 90 days after filing for the AOS after marriage.

[Ian H. 207]

Thanks for clearing that up NLR. I wasn't sure myself if one could get away with 100% on the K1, or do some consulates still have the discretion to require 125%?

Edited October 22, 2014 by Ian H.

[JTC84 0]

Manila very rarely accepts co-sponsors for a K1 because the form is not legally binding. This is within the discretion of any embassy or consulate. However every consulate must accept a joint sponsor for a CR1/IR1 (spousal) visa as the affidavit of support for that visa type IS legally binding.

You must make 100% of the poverty level to sponsor by yourself on a K1 and 125% for a spousal visa. Currently that is almost 20k per year so about $10/hr working fulltime.

Here's what I found for poverty levels: http://familiesusa.org/product/federal-poverty-guidelines

I thought I had to make 125% for a K1?

I'm sorry guys, this stuff is so confusing and there's so many acronyms.

[msbau764 245]

However it's highly unlikely that a family of 2 can actually survive on that.

Remember to factor in ALL the costs of a K1 which include the A0S. It's not a cheap process and your fiancée would be unable to work to help out for about 90 days after filing for the AOS after marriage.

There was a poster worried about their wife going out of status because he couldn't afford the $1,070 fee.

[Ian H. 207]

That should only be necessary if you don't make enough for the K1 and/or they won't accept a joint sponsor. You also have the option of marrying in another country if the requirements are too strict in the Philippines? If you don't my asking, what do they require for you to marry over there?

Yeah that's the hard part!

I looked into getting married in the PH... at the time it seemed a K1 would be easier.

Maybe I should get married there?

As long as they get married within the 90 days, they can file the AOS later.

There was a poster worried about their wife going out of status because he couldn't afford the $1,070 fee.

Edited October 22, 2014 by Ian H.

[JTC84 0]

That should only be necessary if you don't make enough for the K1 and/or they won't accept a joint sponsor. You also have the option of marrying in another country if the requirements are too strict in the Philippines? If you don't my asking, what do they require for you to marry over there?

I can't find the page anymore, but it required 2 visitations, 2 years of proven relationship, a certain amount of time spent in the country, a certain income - it's all based on your ability to live in the Philippines it seemed.

[Ian H. 207]

Oh wow, that is strict. I guess they don't want people to rush in to marriage, but it places an undue burden on a couple. In any case, like I said, if it comes down to that, you can get married in another country. A marriage from any country is valid for immigration purposes, as long as it was legal where it happened.

[msbau764 245]

That should only be necessary if you don't make enough for the K1 and/or they won't accept a joint sponsor. You also have the option of marrying in another country if the requirements are too strict in the Philippines? If you don't my asking, what do they require for you to marry over there?

As long as they get married within the 90 days, they can file the AOS later.

Later, from my understanding, is not indefinite either. It is later unless the immigration authorities catch up with you before you file the AOS. You are supposed to get married within 90 days AND file for AOS. If not, the I-94, which will give you legal authority to stay in the US, will have expired and the beneficiary will be out of status.

[NikLR 13,236]

I thought the i-134 calls for 100% last time I checked but the i-864 calls for 125%.

[Tim/Mav 305]

I can't find the page anymore, but it required 2 visitations, 2 years of proven relationship, a certain amount of time spent in the country, a certain income - it's all based on your ability to live in the Philippines it seemed.

The 129-F Petition only requires you have met once in a 2 year period before filing. No certain time is required as to your visit. It don't have to be a 2 year relationship, it could be for 1 day or 8 years as long as you file and pay the fee.

Getting married in the Philippines requires a long wait period filed in the Manila Embassy. If you can afford that. And there are Fees associated.

So, what's best for your Current situation: I would suggest the K-1 route.

You can't find the page because you never seen it or read it wrong.

[Tim/Mav 305]

Good luck at that Interview in the Philippines

Edited October 22, 2014 by Tim/Mav

[KayDeeCee 4,904]

I thought the i-134 calls for 100% last time I checked but the i-864 calls for 125%.

Many consulates follow the I-864 guidelines, even with the I-134 for a K-1, and that includes wanting to see 125%. They know you will need the 125% soon after you marry and file for AOS and need to submit the I-864. Just another way the K-1 visa is special, since it might be a non-immigrant visa, but still has immigrant intent.

[KayDeeCee 4,904]

Later, from my understanding, is not indefinite either. It is later unless the immigration authorities catch up with you before you file the AOS. You are supposed to get married within 90 days AND file for AOS. If not, the I-94, which will give you legal authority to stay in the US, will have expired and the beneficiary will be out of status.

As long as you marry within 90 days of entry with the K-1 visa, you are eligible to file for AOS. There is no deadline. You will be out of status when the I-94 expires, but that does not effect your eligibility to file for AOS.