Questions about K-1 Visa, Urgent Pls.

[Smackdown888 0]

Hello sir/ma'am Good afternoon.

-I've been living here in the Philippines for almost 9yrs. I wanted to petition my fiance, is this eligible? or I need to go back in the U.S first?

-Been filing income tax in the U.S since I left there, but I'm just earning minimum wage. Sould that be a problem when I file for k-1 visa?

[Anh map 2,098]

You will need to show domicile in the US.

You will need to show a current and continuing income that will carry over to your move to the US. If you can't show that, then a joint sponsor would be needed. Manila has been tough on K1 joint sponsors in the past.

Why not get married and then petition for a spouse visa? Less steps and paperwork. A joint sponsor is no problem. Your spouse has a green card when entering the US and thus is work eligible.

[Smackdown888 0]

Thank you for your kind and response sir. If we get married within this month how long

we have to wait until I can apply her a spouse visa? and how long would you think

the process will take? thank you again have a great evening.

[Hank_ 9,173]

Hello sir/ma'am Good afternoon.

-I've been living here in the Philippines for almost 9yrs. I wanted to petition my fiance, is this eligible? or I need to go back in the U.S first?

-Been filing income tax in the U.S since I left there, but I'm just earning minimum wage. Sould that be a problem when I file for k-1 visa?

May I suggest you get married, then complete a IR/CR-1 spousal visa through Direct Consulate Filing (DCF), you can get this all completed quicker than doing the K-1 visa.

You income needs to meet the poverty guidelines https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

If your income does not meet the poverty guidelines you will need a co-sponsor, this is where the IR/CR-1 visa is MUCH better as the embassy has to accept any qualified co-sponsor. (K-1 visa does not guarantee acceptance of a co-sponsor)

And yes you need a domicile in the USA, but if you have family that will allow you to use their address that is handled.

Philippines forum: http://www.visajourney.com/forums/forum/129-philippines/

Edited March 9, 2016 by Hank_

[Smackdown888 0]

May I suggest you get married, then complete a IR/CR-1 spousal visa through Direct Consulate Filing (DCF), you can get this all completed quicker than doing the K-1 visa.

You income needs to meet the poverty guidelines https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

If your income does not meet the poverty guidelines you will need a co-sponsor, this is where the IR/CR-1 visa is MUCH better as the embassy has to accept any qualified co-sponsor. (K-1 visa does not guarantee acceptance of a co-sponsor)

And yes you need a domicile in the USA, but if you have family that will allow you to use their address that is handled.

Philippines forum: http://www.visajourney.com/forums/forum/129-philippines/

Thank you for your kind and response sir. If we get married within this month how long

we have to wait until I can apply her a spouse visa?

[BusinessChria 3]

you can file as soon as you would like.

[Hank_ 9,173]

Thank you for your kind and response sir. If we get married within this month how long

we have to wait until I can apply her a spouse visa?

How soon you can apply for the DCF IR/CR-1 in Manila depends how quickly you can get the marriage registered with PSA, I believe you can pay an expedite fee at the local registry which will get things moving quicker.

Even if you have to wait a couple months to file the DCF is still the fastest route to a visa.

you can file as soon as you would like.

[Smackdown888 0]

How soon you can apply for the DCF IR/CR-1 in Manila depends how quickly you can get the marriage registered with PSA, I believe you can pay an expedite fee at the local registry which will get things moving quicker.

Even if you have to wait a couple months to file the DCF is still the fastest route to a visa.

thank you sir.

[Smackdown888 0]

thank you sir.

Sir i'm sorry but I tried searching on USCIS.gov what is DCF IR/CR-1 mean and I can't figure it out. They don't have any spouse visa related questions in that site.