K1 visa petitioner is a full time student and currently unemployed at the moment.

[kate havoc 2]

I was just wondering what sort of documents my USC fiance would need if he is currently a student and has been out of work since July 2013, he has been working for 8 years in the US but decided to go back to school. We are planning on filing the I129 before he goes back here in the Phils this July. (He's Filipino as well). LOL . I am very worried about the AOS because he does not have any recent pay stubs or ITR's. Although he has assets which would amount to more than 2x the poverty guidelines for a household of two (own house, own car, 3 bank accounts) and are planning on using them instead. Co sponsorship from his step dad who is well above the poverty guidelines is one of our options as well. Another option would be to look for a part time job that could hopefully fit his very hectic university schedule, however, if he hypothetically gets a job this May, we assume that the pay stubs he'd receive up until the planned submission of the i29 for this July would not be enough.

That being said, I have a few questions:

1.) Would his current unemployment and status as a college student affect our chances of the visa being approved?

2.) And would it also be a good idea to mention to the CO during the interview (if the i129 gets approved) that he is currently a full time student which is why he is unemployed at the moment?

3.) Would his assets suffice as his AOS? I'm still not sure about the co sponsorship issue here in USEM. But his step dad is very willing to share sponsorship.

4.) Are CURRENT W2's and ITR's really required for the AOS? Can't he use the ones from his previous work a year or two ago?

5.) Is current employment status an issue for the approval of the petition or denial of the visa itself? Being he is a FULL TIME college student, and unemployed, BUT self sustaining and NOT under any form of government assistance.

I would really, really, appreciate any answers or even ideas with regards to this matter. CheersxMabuhay! -K

[mallafri76 1,012]

He needs to meet the poverty guidelines, have three times the guidelines in assets or get a joint sponsor.

He will always have to show proof of filing taxes for the current year or if exempt, give a statement as to why he was not required to file taxes.

The reason he does the AOS is to ensure you, his foreign spouse will not be a liability to the US government and that's why he needs to show proof of income or assets.

I feel the same way as you. I know I will always pay my own way and never expect anyone else to pay for me but that doesn't matter to US immigrations, rules are rules. ?

[kate havoc 2]

He needs to meet the poverty guidelines, have three times the guidelines in assets or get a joint sponsor.

He will always have to show proof of filing taxes for the current year or if exempt, give a statement as to why he was not required to file taxes.

The reason he does the AOS is to ensure you, his foreign spouse will not be a liability to the US government and that's why he needs to show proof of income or assets.

I feel the same way as you. I know I will always pay my own way and never expect anyone else to pay for me but that doesn't matter to US immigrations, rules are rules. ?

I believe he has more than the guidelines in assets but you have a very valid point. Those tax notes are very important indeed. Thank you so much for your response.

[Hank_ 9,173]

I believe he has more than the guidelines in assets but you have a very valid point. Those tax notes are very important indeed. Thank you so much for your response.

USEM does not accept assets, you will need a co-sponsor to meet the income requirements, and that is IFFY with USEM and the K-1 visa.

[kate havoc 2]

Thank you for your response! Really? Shared sponsorship is allowed in the USEM?

[kate havoc 2]

And I am also just wondering if any body else is under the same situation as mine. And what they plan to do about it.

[Greenbaum 12,258]

There is nothing you can do about it short of the two of you marrying in the Philippines and he files a CR-1, whereupon the USEM is now required to take a cosponsor. Done deal.

[kate havoc 2]

There is nothing you can do about it short of the two of you marrying in the Philippines and he files a CR-1, whereupon the USEM is now required to take a cosponsor. Done deal.

I guess this is another option to look into as well. Considering he will be staying here for a month or so this fall. Thank you for the response! I will look into this some more.

[Greenbaum 12,258]

I guess this is another option to look into as well. Considering he will be staying here for a month or so this fall. Thank you for the response! I will look into this some more.

Your welcome. Start your journey here: http://manila.usembassy.gov/marriage-to-a-us-citizen2.html

[kate havoc 2]

Thank you for the link! Will be reading this with my fiance later.