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Filed: E-1 Visa Country: Philippines
Timeline

Good day to everyone.


We are a couple (me, a 26-yr old Filipino, and him, a 56 yr old American) that is planning to get married in the USA and be together. We are a gay couple, and from what I understand, Visa application now recognizes same-sex application/marriages.



I have some questions as we are planning to get me a K-1 Fiance Visa. We are reviewing all the details that we can find online. We would love to ask a lawyer that specializes with Visa applications, though we might not afford one right now. Any information and help is highly appreciated. I hope I could explain myself clearly.


My fiance had been away from USA since the 9-11 incident, and had been living and working to different Asian countries since then. He lived in the Philippines in 2009 and had been working under a company. However, he only had a tourist visa that they renewed every few months, and he had to go out of the country at least once a year. He did not get any benefits, or any tax deductions. We met March 2010, and been living together since October 2010. He went back to the USA last September 2014. He already thought that he would be living here in the Philippines with me and not go back to the USA. However, due to the company not needing him anymore, and the difficulty for him to find a job here (given his age), he had to go back to the USA. It was a very hard decision to make as we do not want to be separated from each other (that is what LOVE does, ^_^), and that was the time we decided that I should apply a K-1 Fiance Visa (we have already been thinking of getting married for quite a while), get married, and be together again.



I have some questions regarding on the requirements for the petition and interview.


1.

As for proof of relationship, we do not have letters or emails as we have been living together, and been only exchanging text messages instead (which we do not have anymore as we both lost our phones T_T ). These are what I think we could be as proof of our relationship and that we met in the last 2 years:

*We have photos together (which has datestamps from our FB pages, that we can have it printed and copied)

*Our emails since he left

*He also got confined in the hospital here, and I could request for copies of his hospital records.


Do you think these would these be enough?



2.

*Do I have to tell them that he only had a tourist visa but had been working here, or only if asked?

*And if asked and told them he only had a tourist visa, would they question that, and might be a possible reason for my visa to be rejected?


I am thinking that this is important since first, they will ask when and how we met, and second, how we lived as a couple for the past years we are together.



3.

My fiance just started working November 2014 and is already in the process on filing documents for his tax information. Based on what I have read online, he would need to pass his ITR for the recent year for an Affidavit of Support


*If he needs an ITR for an entire year, then he could get it by 2016, right? So do we need to wait until 2016 to file for a petition (from what I know the Affidavit of Support is only needed during the interview, but we would like to be ready with any documents prior filing for a petition)

*Is there a quarterly ITR that he could get and we could submit as a requirement?

*or are there other forms that can be submitted for an Affidavit of Support?



*******

So far these are the things that are still unclear for us. Thank you for taking time to read, and hopefully to hear from you!


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I have some questions regarding on the requirements for the petition and interview.
1.
As for proof of relationship, we do not have letters or emails as we have been living together, and been only exchanging text messages instead (which we do not have anymore as we both lost our phones T_T ). These are what I think we could be as proof of our relationship and that we met in the last 2 years:
*We have photos together (which has datestamps from our FB pages, that we can have it printed and copied)
*Our emails since he left
*He also got confined in the hospital here, and I could request for copies of his hospital records.
Do you think these would these be enough?
2.
*Do I have to tell them that he only had a tourist visa but had been working here, or only if asked?
*And if asked and told them he only had a tourist visa, would they question that, and might be a possible reason for my visa to be rejected?
I am thinking that this is important since first, they will ask when and how we met, and second, how we lived as a couple for the past years we are together.
3.
My fiance just started working November 2014 and is already in the process on filing documents for his tax information. Based on what I have read online, he would need to pass his ITR for the recent year for an Affidavit of Support
*If he needs an ITR for an entire year, then he could get it by 2016, right? So do we need to wait until 2016 to file for a petition (from what I know the Affidavit of Support is only needed during the interview, but we would like to be ready with any documents prior filing for a petition)
*Is there a quarterly ITR that he could get and we could submit as a requirement?
*or are there other forms that can be submitted for an Affidavit of Support?
*******
So far these are the things that are still unclear for us. Thank you for taking time to read, and hopefully to hear from you!

1.) This stuff sounds good. Other things could include plane tickets/passport stamps to show hes been in the country and bank statements showing he has withdrawn money there. Some people also include letters from friends/family confirming the relationship is real.

2.) He needs to demonstrate he has earned 125% of the poverty level- further information on this is available in the K1 guides

3.) If you are going to wait until 2016 you might as well get married in the meantime and file for a spouse visa instead. Remember using a co-sponsor may also be an option.

Good luck!


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

December 2018: Case moved to another office

February 2019: I was emailed that I was approved and my card was in production the same day of my N400 interview 😂

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online 

August 14th 2018: NOA1

September 6th 2018: Biometrics

February 6th 2019: Interview Date! APPROVED!

February 6th 2019: I was asked to return later the same day for my Oath Ceremony! :dance:

 

❤️ Our Visa Journey is finally complete ❤️

 

I am the Beneficiary

 

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Filed: K-1 Visa Country: Brazil
Timeline

1.) This stuff sounds good. Other things could include plane tickets/passport stamps to show hes been in the country and bank statements showing he has withdrawn money there. Some people also include letters from friends/family confirming the relationship is real.

2.) He needs to demonstrate he has earned 125% of the poverty level- further information on this is available in the K1 guides

3.) If you are going to wait until 2016 you might as well get married in the meantime and file for a spouse visa instead. Remember using a co-sponsor may also be an option.

Good luck!

I agree with number one, can't answer number two.

But I know that in the Phillipines the US citizen has to be the sponsor himself for K-1s. However, with a spousal visa, they do accept co-sponsors.

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Filed: E-1 Visa Country: Philippines
Timeline

1.) This stuff sounds good. Other things could include plane tickets/passport stamps to show hes been in the country and bank statements showing he has withdrawn money there. Some people also include letters from friends/family confirming the relationship is real.

2.) He needs to demonstrate he has earned 125% of the poverty level- further information on this is available in the K1 guides

3.) If you are going to wait until 2016 you might as well get married in the meantime and file for a spouse visa instead. Remember using a co-sponsor may also be an option.

Good luck!

Thank you for the response!

1. We only have the plane ticket of his departure going back to the USA though. We can have his passport photocopied with the date and stamps when he was going in and out of the country, right?

2. They are still on the process of negotiating his salary, but I believe he should be able to make this one, I hope! (cross fingers!!!!)

3. I hope we do not have to wait that long. Is there a different type of proof of support, besides from a annual ITR?

Edited by D&P

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Filed: E-1 Visa Country: Philippines
Timeline

I agree with number one, can't answer number two.

But I know that in the Phillipines the US citizen has to be the sponsor himself for K-1s. However, with a spousal visa, they do accept co-sponsors.

Thank you for the response!

I hope we do not need to look for a co-sponsor. Do you know of any other type of document that we can submit as proof of financial support besides from an annual ITR? Is there a quarterly ITR?

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Filed: K-1 Visa Country: Peru
Timeline

My fiance recently had his interview and we were approved. I started working in June of this year so I didn't have any tax returns. I sent him a couple pay stubs, documents from work stating my position and salary, and a screen shot of my bank deposits showing my biweekly pay (I have direct deposit). I did have a backup co-sponsor just in case which was not needed-there were no issues.

This was in Peru so I'm not sure how strict they are in the Philippines. Good luck!

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Filed: E-1 Visa Country: Philippines
Timeline

My fiance recently had his interview and we were approved. I started working in June of this year so I didn't have any tax returns. I sent him a couple pay stubs, documents from work stating my position and salary, and a screen shot of my bank deposits showing my biweekly pay (I have direct deposit). I did have a backup co-sponsor just in case which was not needed-there were no issues.

This was in Peru so I'm not sure how strict they are in the Philippines. Good luck!

Really? Thats great! We might consider this as well. And having a back up co sponsor migt be a good idea.

Thank you so much for this informatiom! And congratulations to both of you!

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Filed: Country: Mexico
Timeline

Your current annual income does not have to match up with what is on your most recent tax return, unless you are self-employed. The self-employed can also provide quarterly profit/loss statements as well.

If you are an employee, then you can provide a letter from your employer and recent pay stubs to prove your current income.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Filed: E-1 Visa Country: Philippines
Timeline

Your current annual income does not have to match up with what is on your most recent tax return, unless you are self-employed. The self-employed can also provide quarterly profit/loss statements as well.

If you are an employee, then you can provide a letter from your employer and recent pay stubs to prove your current income.

This is such a relief! He just got employed and we should be able to request pay stubs, and he can start working on a bank account.

Thank you for the information! :-)

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Filed: Other Country: Philippines
Timeline

A couple of words of advice.... For the initial application you need only prove that you have met in person in the last two years. That basically means showing you were in the same place at the same time. A couple pictures of you together in the Philipines should be sufficient along with a copy of the boarding pass and passport stamps from his passport. However, many people recommend "front-loading" the application to provide proof of on-going relationship that the Embassy can review before your interview. This can be copies of facebook chats or pages, can be pictures of you together can be copies of money transfers and what the funds were for etc. Anything that shows an on-going relationship is fair game. Orginize it, index it and submit it.

-

Others can offer more insight on the following (I'm thinking Hank is the guy who may be able to help) but how are you going to exit the Philippines with a fiancee visa in your passport. By which I mean you might as well start researching now how you will get past the CFO requirement since Gay marriage is not allowed in the Philippines. CFO being the Commission on Filipinos Overseas.

-

Also you both will have to show on your initial application that you are legally allowed to Marry in the USA. Currently (Recently) NC became one of the states where same sex marriage is technically allowed. But it's very recent and you'll want to be able to show in your application that it is legal for you to get married. And it might come up in the interview (or sooner) where you will get married and how given resistance in NC to same sex marriage.

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And be aware that at the begining at least, until you show up for a medical and an interview that 95+% of what has to be done must be done by the USC so he should be taking the lead on this effort as he must file for you not that you file for a visa.

-

Also I would encourage him to file US taxes for all the years he was out of the country if he has not done so already. It is unlikely that he'll have to pay money to the US Gov. as there is a very large exlusion for foreign earned income... but.. not having to pay is not the same as not having to file.

-

Good luck to both of you it seems like he should be able to file I-129F in the next couple of weeks.

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