American cannot have a co-sponsor for a Filipino fiance? Is this true?

[nicholefern 1]

Hello!

I am 21 and my boyfriend is 23.

We plan on filling for a K1 when I turn 22 in July and he will be 24 in August.

Everything was going well until someone told me if I am from the Philippines he cannot have a joint sponsor.

His dad will be his co-sponsor.

If its true that he cant have a co-sponsor for his fiance visa, does that mean we have to get married?

Also if he uses a co-sponsor do both of them have to show a recent tax return?

Thank you!

[Penguin_ie 5,986]

It is true that the US embassy in Manila rarely accepts co-sponsors for the fiance visa. However, sometimes they do, especially if the co-sponsor is a close family member, and the primary sponsor/ petitioner is likely to have a good income soon (such as a student soon to graduate).

[nicholefern 1]

It is true that the US embassy in Manila rarely accepts co-sponsors for the fiance visa. However, sometimes they do, especially if the co-sponsor is a close family member, and the primary sponsor/ petitioner is likely to have a good income soon (such as a student soon to graduate).

Thanks for the quick reply!

I was also wondering, wlll this work out because I am not employed. I make a living as a free-lance artist. Will that affect anything?

[Penguin_ie 5,986]

If you are the Philippine beneficiary, it will not matter; as long as your job/ work is not illegal, USCIS doesn't care what you do.

If you are the US petitioner, it could be difficult to prove your income. It would be line 22 of your tax return that they look at for self-employed income.

[nicholefern 1]

If you are the Philippine beneficiary, it will not matter; as long as your job/ work is not illegal, USCIS doesn't care what you do.

If you are the US petitioner, it could be difficult to prove your income. It would be line 22 of your tax return that they look at for self-employed income.

Ahh I see. Thank you so much! What would your advice be? Should we try the fiance visa thing on a co-sponsorship with his dad or would that be too much of a risk? Should we just get married? He needs to work somewhere else cause even if hes been working at his fathers theater for 3 years hes never gotten a tax return because "he doesnt earn enough". What do you think?

[Rc123rc 528]

Whether you do a K-1 or get married and do a CR-1, you and your fiance need to have a little more financial security. I don't know if your fiance is a full time student or not but obviously he does not make enough money in his current job and most likely never will. Yes, I have also heard that the Philippines rarely allow a cosponsor. You also have to have go through the AOS which has 125% of the poverty level. My advice would be wait until he gets a better job, get married and apply for a CR-1.

[nicholefern 1]

Whether you do a K-1 or get married and do a CR-1, you and your fiance need to have a little more financial security. I don't know if your fiance is a full time student or not but obviously he does not make enough money in his current job and most likely never will. Yes, I have also heard that the Philippines rarely allow a cosponsor. You also have to have go through the AOS which has 125% of the poverty level. My advice would be wait until he gets a better job, get married and apply for a CR-1.

I just asked a friend and she said her friends US fiance had a co-sponsor and they submitted their papers last July and that shes in California now. Yes he plans on getting a better job. does he need to have one tax return to show or can it just be his fathers tax returns? thank you!

[Rc123rc 528]

I just asked a friend and she said her friends US fiance had a co-sponsor and they submitted their papers last July and that shes in California now. Yes he plans on getting a better job. does he need to have one tax return to show or can it just be his fathers tax returns? thank you!

If you are going through trying to get the K-1 then I believe you only need the father's tax return for 1 year on the I-134 with proof of current income but with the AOS then more is required. The I-134 is not a binding legal document. The I-184 is and has much tougher requirements including proving income above the 125% poverty level. Please keep in mind, the father has to make enough to cover his entire household count plus you. I would suggest reading the instructions and requirements for the I-134 and I-184 forms.

[nicholefern 1]

If you are going through trying to get the K-1 then I believe you only need the father's tax return for 1 year on the I-134 with proof of current income but with the AOS then more is required. The I-134 is not a binding legal document. The I-184 is and has much tougher requirements including proving income above the 125% poverty level. Please keep in mind, the father has to make enough to cover his entire household count plus you. I would suggest reading the instructions and requirements for the I-134 and I-184 forms.

Thank you! What is an AOS?

[Rc123rc 528]

Thank you! What is an AOS?

Adjustment of Status. Temporary Green Card, Work Permit, Advanced Parole for emergency travel are usually filed together to make of Adjustment of status. The cost right now is about $1070.00 and usually done shortly after you get married. You can't work legally in the United States without the Work Permit. That includes things like creating artwork and selling online.

[nicholefern 1]

Adjustment of Status. Temporary Green Card, Work Permit, Advanced Parole for emergency travel are usually filed together to make of Adjustment of status. The cost right now is about $1070.00 and usually done shortly after you get married. You can't work legally in the United States without the Work Permit. That includes things like creating artwork and selling online.

Alright so after I move to New York then we have to fix my AOS right?

[LionessDeon 2,060]

Yes after, POE, marriage from the K1 visa you apply for AOS.

The guides are helpful. You should research them for this info.

Good Luck!

http://www.visajourney.com/content/guides

Edited September 11, 2016 by LionessDeon

[nicholefern 1]

Yes after, POE, marriage from the K1 visa you apply for AOS.

The guides are helpful. You should research them for this info.

Good Luck!

http://www.visajourney.com/content/guides

Thank you!!!!

[NikLR 13,220]

Be aware the AOS is another $1070. You won't be able to work or travel outside the USA without work authorization and a travel document (EAD and AP) that you file when you file for the AOS.

Alternatively, CR1, spousal visa, ALWAYS accepts a joint sponsor and you will have a green card upon entry to the USA, meaning you can work and/or travel right away.

[nicholefern 1]

Be aware the AOS is another $1070. You won't be able to work or travel outside the USA without work authorization and a travel document (EAD and AP) that you file when you file for the AOS.

Alternatively, CR1, spousal visa, ALWAYS accepts a joint sponsor and you will have a green card upon entry to the USA, meaning you can work and/or travel right away.

do you think marriage would be better?