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

[Rc123rc 528]

do you think marriage would be better?

How many times have you and your finance actually seen each other in person and for how long? Just because you get married doesn't mean that is proof of a genuine relationship. That's the other part of this process and the most important for both a K-1 or CR-1. Nothing is going to happen unless US government is convinced your relationship is for real.

[nicholefern 1]

How many times have you and your finance actually seen each other in person and for how long? Just because you get married doesn't mean that is proof of a genuine relationship. That's the other part of this process and the most important for both a K-1 or CR-1. Nothing is going to happen unless US government is convinced your relationship is for real.

I am not asking about the relationship because weve been together for awhile and have seen each other multiple times. I have 0 doubt they would think our relationship is fake. Im asking about marriage or fiance visa because we arent sure which route is easier for us.

[Rc123rc 528]

I am not asking about the relationship because weve been together for awhile and have seen each other multiple times. I have 0 doubt they would think our relationship is fake. Im asking about marriage or fiance visa because we arent sure which route is easier for us.

Understood. But you asked if marriage would be better and nothing had been said before about the status of your relationship. It was not an accusation but it is part of the whole approval process. Typically people take the marriage route when the possibility of a K-1 is denied or has been denied. A marriage would allow you to work immediately if approved but the process is longer. Also a co-sponsor is allowable. 1 yr or more. My apologies for offending you or prying into something you did not want to discuss in this thread.

[nicholefern 1]

Understood. But you asked if marriage would be better and nothing had been said before about the status of your relationship. It was not an accusation but it is part of the whole approval process. Typically people take the marriage route when the possibility of a K-1 is denied or has been denied. A marriage would allow you to work immediately if approved but the process is longer. Also a co-sponsor is allowable. 1 yr or more. My apologies for offending you or prying into something you did not want to discuss in this thread.

No its alright sorry if I seemed to offend! You have been very helpful

Yeah we probably will try the marriage way when he gets a more secure job!

[Pitaya 2,576]

~Moved from K1 Process to Phil. Regional Forum~

~Often-asked inquiry is embassy-specific~

[NikLR 13,220]

do you think marriage would be better?

In some ways yes. You can have a joint sponsor and you have more freedom and it costs less.

However, If your fiance doesn't currently make enough to support you both, where will you live? Trust me when I say it generally does NOT end well to live with your in-laws.

[Greenbaum 12,258]

US embassy Manila prefers that the joint sponsor for K1 is an immediate relative of the petitioner (ex: parent or sibling). They do not have to except the co-sponsor for a K1, but each case is different. We have seen approvals and we have seen rejected applications.

If the K1 visa application fails, you can take the spousal route. You would marry in the Philippines and then file for a visa In the IR1/CR1 category, the joint sponsor can be anybody (relative or friend) as long as they meet the requirements. This process the CO must take the sponsor.

A Joint Sponsor must meet all these requirements;

1. Be over age 18; AND
2. Be either a USC or LPR; AND
3. Be domiciled in the US; AND
4. Meets or exceed the 125% poverty level with income and/or assets for his/her household size

These are the poverty levels that USEM and USCIS use:

https://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

K-1 filing with a co-sponsor

You fill out the I-134 and provide most recent tax transcript, letter from employer and/or most recent pay stubs. Co-sponsor fills out their own separate I-134 and provides the same types of documentation, plus proof of being a USC or LPR. Any USC or LPR residing in the US that meets the income requirement for their own household size plus the foreign fiancé(e) can be the co-sponsor.

I wish you luck on your journey.

[jannapalmer 10]

I don't know enough about your relationship but if you're gonna go through the CR1 route - if/when you decide to get married in the Philippines and file the petition at the US Embassy in the Philippines, the major requirements they look for are proof of marital relationship/Co-mingling of finances AND for the US citizen a minimum of 6 months of residency in the Philippines

[JE57 239]

I don't know enough about your relationship but if you're gonna go through the CR1 route - if/when you decide to get married in the Philippines and file the petition at the US Embassy in the Philippines, the major requirements they look for are proof of marital relationship/Co-mingling of finances AND for the US citizen a minimum of 6 months of residency in the Philippines

This is very specific to Direct Consular Filing which does not appear to apply to the OP situation... They can then get Married in the Philippines and start the CR1 process and let it run it's course without meeting any of the requirements that you have outlined as being necessary for DCF which is not their case.

[JE57 239]

To OP... Rather you want to go the Marriage route or the Fiancee route all depends on how quickly you want to be together and how much you can afford to pay for various options. I would suggest the following approach... Assuming you want to be together ASAP and are willing to spend a bit more money on the process...Have your future husband file K-1 ASAP.. Pre-load that application with evidence to make it easier for you at interview... Have him Plan to be with you at the interview figure 6-9 months from the filling date. Have him plan to spend extra time in the Philippines on that trip. While you are waiting for the process to run it's course have your future husband search for and acquire a better job... Have him file income taxes for prior years even if the money he made would not have him have to pay taxes... Once he has a better job or is taking steps to secure a better job the chances of being approved with his dad as co-sponsor goes higher. Now... if you are NOT approved plan it so that he can Marry you if you are denied you can then file CR1 immediately... You will have lost only a few months time considering it would likely take a couple of months before you could get married anyway. The disadvantage of this approach is with the K-1 if approved you won't be able to work or leave the USA for 3-6 months after you arrive depending on marriage date and AOS application date and processing time for the EOS card. With CR1 it takes longer to get to the USA but when you arrive you can work immediately. Only you can balance those priorities. If you future Husband does not secure a better job (which should be relatively easy if he's in NYC where the minimum wage is I understand 10.50/hour for fast food) then perhaps his Dad can move him from what sounds like off the books to on-the books and pay him a legal wage with the prospect of future promotions. In any case the affidavit of support is an interview time thing so you can start the process now and work on the finances now to present a compelling financial future case at interview.

[Greenbaum 12,258]

I don't know enough about your relationship but if you're gonna go through the CR1 route - if/when you decide to get married in the Philippines and file the petition at the US Embassy in the Philippines, the major requirements they look for are proof of marital relationship/Co-mingling of finances AND for the US citizen a minimum of 6 months of residency in the Philippines

6 months of residency is only required for the DCF visa and not the cR-1.

[nicholefern 1]

6 months of residency is only required for the DCF visa and not the cR-1.

what is DCF?

To OP... Rather you want to go the Marriage route or the Fiancee route all depends on how quickly you want to be together and how much you can afford to pay for various options. I would suggest the following approach... Assuming you want to be together ASAP and are willing to spend a bit more money on the process...Have your future husband file K-1 ASAP.. Pre-load that application with evidence to make it easier for you at interview... Have him Plan to be with you at the interview figure 6-9 months from the filling date. Have him plan to spend extra time in the Philippines on that trip. While you are waiting for the process to run it's course have your future husband search for and acquire a better job... Have him file income taxes for prior years even if the money he made would not have him have to pay taxes... Once he has a better job or is taking steps to secure a better job the chances of being approved with his dad as co-sponsor goes higher. Now... if you are NOT approved plan it so that he can Marry you if you are denied you can then file CR1 immediately... You will have lost only a few months time considering it would likely take a couple of months before you could get married anyway. The disadvantage of this approach is with the K-1 if approved you won't be able to work or leave the USA for 3-6 months after you arrive depending on marriage date and AOS application date and processing time for the EOS card. With CR1 it takes longer to get to the USA but when you arrive you can work immediately. Only you can balance those priorities. If you future Husband does not secure a better job (which should be relatively easy if he's in NYC where the minimum wage is I understand 10.50/hour for fast food) then perhaps his Dad can move him from what sounds like off the books to on-the books and pay him a legal wage with the prospect of future promotions. In any case the affidavit of support is an interview time thing so you can start the process now and work on the finances now to present a compelling financial future case at interview.

thank you!!

[Greenbaum 12,258]

Direct Consular Filing (DCF) is the unofficial term for filing an I-130 petition via a Consulate overseas, rather than through the US Service Center. While not everyone will qualify to do so, this process can expedite the speed in which a beneficiary can enter the United States and become a Green Card Holder (US Permanent Resident).

Current DCF procedures state that if a US Citizen lives overseas they may file the I-130 for a foreign spouse, child or parent at the US Consulate / USCIS Field Office governing their place of residence. In most cases permanent residence abroad must be legally established for a period of six months prior to submitting an I-130 petition (reference). In addition, emergency cases, such as life and death of health and safety, and cases determined to be in the national interest can be processed without the residency requirement being met. Examples of family emergencies include minor children who would be unexpectedly left without a caretaker. Examples of national interest include facilitating the travel of United States military and other USG direct hire employees assigned overseas who are pending transfer on orders and need to petition for immigrant classification of their spouse and minor children at posts overseas.

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

[NikLR 13,220]

Direct Consular filing is the term the USCIS uses (vs consular filing) when the I-130 can go to a USCIS office located in a US embassy or consulate. There are not a lot of these out there anymore so most people do not qualify for DCF even if they live together abroad.

[Greenbaum 12,258]

That hasn't been the case in the Philippines. If you meet the filing perimeters for DCF then you can file and process. I don't know about other Embassy's but DCF is not an issue with the Philippines.