K-1 Dilemma: affidavit of support

[JCramos 0]

Hi everyone i hope there is someone here who has the same dilemma as i have or at least just related to it..

I am planning to do or process a k-1 visa later on or somewhere around this year. But the problem is, i am still here in the Philippines as of the moment. And will be flying back to the US in Feb or earlier this March. I am out in the US for 3years. And when i get back there i am gonna start from zero though i have my mom there. So it means i have to find a job and work my a** off really hard. So i found clear answers of my questions from sir Bryan the other night about the whole process of a k-1 visa. But i still have few questions which has unclear answers, because there are no exact answers that i could eventually site online. So these questions are:

--since i do not have any ITR since the day i turned in a legal age, what else could i use to prove my sponsorship to my said "fiancé"?

--would a letter/certificate of employment suffice? (that states the nature of the job, the day the employment started, how many months i am under their employment, the salary i am earning in a month and the salary i will get in a year of working and if the job is temporary or permanent)

-and is it really true if the fiancé is from the Philippines, and the petitioner is using a co/joint sponsor the k-1 visa application is automatically denied?

Please do help me with these dilemmas i am going loca because of these. Thank you guys!

[Ryan H 3,948]

You have another option besides the K1. Are you currently in the Philippines on a long-term stay visa or residence permit (not tourist visa extensions)? If so, you can marry before your return to the US and file the the petition at the USCIS in Manila, this will cut down on the wait time from filing to interview.

If you don't qualify to file at the field office in Manila, you can still get married before your departure to the US and then start the spousal visa process after your return.

For K1 cases, Embassies and Consulates can reject co-sponsors and I've seen other Philippines members post that this routinely happens in Manila. However, by law, when an immigrant visa is being sought (e.g. a spousal visa) then a joint sponsor is permissible. All Embassies and Consulates (including the Embassy in Manila) follow the law in this regard.

[JCramos 0]

Yeah i have just done the DIrect consular filing at the embassy in manila for my daughter. And its indeed true that it is way faster. However, i couldn't marry at this moment. My mom wants me to get married once i am already in the US. So she agreed and gave me permission to process a k-1 visa once i get back to the states.

[Ryan H 3,948]

Yeah i have just done the DIrect consular filing at the embassy in manila for my daughter.

That wasn't Direct Consular Filing, that was obtaining a Consular Report of Birth Abroad (CRBA).

[VOL 425]

Right now is seems as if Embassy is not requiring I-134 Affidavit of Support for the K1 Interview.

Manila Embassy does allow Co Sponsor on a based on individual basis (This may be a non issue now, due to not requiring I 134)

[JCramos 0]

It was DCF sir. For i did applied for CBRA twice but also denied twice. Cause i was lacking 22days staying in the US for a full course of one year without any interruptions or going outside the country. So instead i have petitioned her using IR-2 visa.

@Sir VOL:

What do you mean by this

Right now is seems as if Embassy is not requiring I-134 Affidavit of Support for the K1 Interview.

Manila Embassy does allow Co Sponsor on a based on individual basis (This may be a non issue now, due to not requiring I 134)

[Ryan H 3,948]

Right now is seems as if Embassy is not requiring I-134 Affidavit of Support for the K1 Interview.

Please provide a link to an official source confirming that.

[j&ana 380]

yes please post a link. I have not heard of Manila or any embassy not requiring the I-134 Affidavit of Support

[VOL 425]

Please provide a link to an official source confirming that.

Go to Philippine section and read the recent posts regarding recent -134 Affidavit of Support thread there, My copy/paste is having issues.

Read Hank's post he has a direct link....

[baron555 934]

--since i do not have any ITR since the day i turned in a legal age, what else could i use to prove my sponsorship to my said "fiancé"?

Current income at the time of the interview is key. There is no time limit within which you have needed to have that income prior to the interview. Understand also that Manila denies many cosponsors for K-1s.

--would a letter/certificate of employment suffice? (that states the nature of the job, the day the employment started, how many months i am under their employment, the salary i am earning in a month and the salary i will get in a year of working and if the job is temporary or permanent)

That's how it's done...plus as many pay summaries as possible.

-and is it really true if the fiancé is from the Philippines, and the petitioner is using a co/joint sponsor the k-1 visa application is automatically denied?

No not automatically. There seems to be better chances if the cosponsor is a family member. Go to the regional forum for better info.

[Zedayn 486]

Hi everyone i hope there is someone here who has the same dilemma as i have or at least just related to it..

I am planning to do or process a k-1 visa later on or somewhere around this year. But the problem is, i am still here in the Philippines as of the moment. And will be flying back to the US in Feb or earlier this March. I am out in the US for 3years. And when i get back there i am gonna start from zero though i have my mom there. So it means i have to find a job and work my a** off really hard. So i found clear answers of my questions from sir Bryan the other night about the whole process of a k-1 visa. But i still have few questions which has unclear answers, because there are no exact answers that i could eventually site online. So these questions are:

--since i do not have any ITR since the day i turned in a legal age, what else could i use to prove my sponsorship to my said "fiancé"?

--would a letter/certificate of employment suffice? (that states the nature of the job, the day the employment started, how many months i am under their employment, the salary i am earning in a month and the salary i will get in a year of working and if the job is temporary or permanent)

-and is it really true if the fiancé is from the Philippines, and the petitioner is using a co/joint sponsor the k-1 visa application is automatically denied?

Please do help me with these dilemmas i am going loca because of these. Thank you guys!

1. You can prove your ability to sponsor your fiancé with an employment letter and pay stubs. If your current salary is sufficient for your household size, then you shouldn't have any issues. Since you do not have any tax returns, you will also need a statement of why you were not required to file. Remember, US citizens are required to file taxes even if they live abroad and they have income.

2. A letter of employment PLUS a few pay stubs should be sufficient in demonstrating your current income.

3. No it is not true that you are automatically denied if you have a co-sponsor. Although USEM may seem a bit strict with the use of a co-sponsor, they will consider the totality of your circumstances in the consideration of accepting a co-sponsor.

Right now is seems as if Embassy is not requiring I-134 Affidavit of Support for the K1 Interview.

This is not a rule. While I have recently read of some cases where the CO never asked to see the I-134, they can ask at anytime to see it. Definitely don't go to the embassy interview expecting you don't need to show proof of ability to support your fiancé.

[Pheebs1201 269]

I think DCF is a good option.

[carton025 38]

Just my "naive" opinion, but I think you would be best served to go ahead and get married in the Phil. before you return to the USA. This will provide the benefit of when you gal gets to the US she will get her 2-yr GC and SSN within a couple of weeks after arrival. This way she can get a job, driver's license and depending on the state you guys live in, other benefits. The income part of the petition you will have to prove you have current income that meets and/or exceeds the 125% poverty level.

Best of luck!

[raven52 234]

I would never marry in the Philippines, even my wife is from the Phils., as IF you marry there, you are virtually married to the same person for life. What if something does not work out. Death is the only thing that dissolves a marriage, or an annulment.

No such thing as divorce in Phils., and an annulment has about a 5-10% chance, and 3-6 years to finish.

Been there, done that, and tried that!

[JCramos 0]

@sir RAVEN thats the exact reason why my mother doesnt want me to marry in the philippines.