please help, fiance visa for fiance in the philippines

[cebu15 0]

can anyone help me please...

first off i will explain about my situation and a few question.

i was born in the Philippines, but i am now an American citizen since i was 17 yrs old because my mom is a naturalized citizen and i became a citizen because of the child citizenship act of 2000. i don't have a us birth certificate or a naturalization certificate,but i do have a US valid passport.

i have been in the Philippines, specifically in Cebu for the past 4yrs finishing my college degree. i meet my girl friend (fiance) and have been dating her for 4yrs to this date,i have been back since April of this year.

i haven't had a job in the past 4yrs since i have been in the Philippines.

i've been back since April of this year and have been working since May.my gross monthly income is about 2,000 + dollars.do i still need 3yrs of income tax returns?when i file my income tax return this coming February,which will only include 8 months of work, will this be enough?

i have read some of the visa requirements, procedures and processes but i am still not quite contented with the information,specifically my eligibility and financial situation particularly in connection with the affidavit of support that i will need to send to my fiance in the Philippines.

so problem...

am i eligible to apply for I-129F?

will my income meet the financial requirement?

can i have my mom be a sponsor or co-sponsor?

[TinTin and Samby 11]

Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

5. What Documents Do You Need to Show That You Are a U.S. Citizen?

A If you were born in the United States, give USCIS acopy, front and back, of your birth certificate.

B. If you were naturalized, give USCIS a copy, front andback, of your original Certificate of Naturalization.

C. If you were born outside the United States and you area U.S. citizen through your parents, give USCIS:

(1) Your original Certificate of Citizenship, or

(2) Your Form FS-240 (Report of Birth Abroad of a United States Citizen)

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.

Of course, demonstrated citizenship is but one requirement, you will need to review the entire instructions of the I-129F form regarding other filing requirements to answer your question regarding your ability to file a I-129F petition.

I am sure others can help you with your financial eligability/ITR question. As for your mother being a co-sponsor, has she continue to maintian her US permanent residency after becoming a naturalized citizen? I beleive co-sponsors must be permanant US residents so just to be certain, in case for example, your USC mother went home to her original country and was no longer a US Permanent Resident, I dont believe she would qualify to act as a co-sponsor. Of course, I dont know if that is your situation or not, just included it to be thorough. Someone please correct me if I am wrong on this last point.

Good Luck to you and your gal, cebu15!

Warm Regards,

Samby

[pushbrk 13,901]

Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

Edit

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.

This appears to be a common error but your statement does not represent a correct interpretation of the quote from the I-129F instructions. The passport does not need to have been issued 5 years ago. It has to have been issued with a validity of at least five years, meaning the expiration date is at least five years after the issue date. You don't have to prove you've been a citizen for five years. You are just proving you are a citizen. The USCIS recognizes that if you have a passport, you must have proved at some point that you are a citizen. A US Citizen can file a petition as a USC, the day they receive citizenship.

Children aged 3 to 17 are issued five-year passports.

Edited July 20, 2007 by pushbrk

[pushbrk 13,901]

Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

Edit

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.

This appears to be a common error but your statement does not represent a correct interpretation of the quote from the I-129F instructions. The passport does not need to have been issued 5 years ago. It has to have been issued with a validity of at least five years, meaning the expiration date is at least five years after the issue date. You don't have to prove you've been a citizen for five years. You are just proving you are a citizen. The USCIS recognizes that if you have a passport, you must have proved at some point that you are a citizen. A US Citizen can file a petition as a USC, the day they receive citizenship.

Children aged 3 to 17 are issued five-year passports.

As to the OP's question about finances, you must give evidence of your current income. If you file 2007 taxes in time to provide a copy to your fiance at interview, then do so. If there isn't time, you'll need to provide an employer letter and most recent pay stubs to support your statement of current income on your I-134. You may annualize your current income. You need not limit the number to a past full year of income. The employer letter and pay stubs are a good addition, even if you have the tax return. Just indicate in a cover letter to your financial package that you were not required to file a tax return because you had no income for the previous years.

Edited July 20, 2007 by pushbrk

[cebu15 0]

Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

Edit

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.

This appears to be a common error but your statement does not represent a correct interpretation of the quote from the I-129F instructions. The passport does not need to have been issued 5 years ago. It has to have been issued with a validity of at least five years, meaning the expiration date is at least five years after the issue date. You don't have to prove you've been a citizen for five years. You are just proving you are a citizen. The USCIS recognizes that if you have a passport, you must have proved at some point that you are a citizen. A US Citizen can file a petition as a USC, the day they receive citizenship.

Children aged 3 to 17 are issued five-year passports.

As to the OP's question about finances, you must give evidence of your current income. If you file 2007 taxes in time to provide a copy to your fiance at interview, then do so. If there isn't time, you'll need to provide an employer letter and most recent pay stubs to support your statement of current income on your I-134. You may annualize your current income. You need not limit the number to a past full year of income. The employer letter and pay stubs are a good addition, even if you have the tax return. Just indicate in a cover letter to your financial package that you were not required to file a tax return because you had no income for the previous years.

i can use my mom as a co-sponsor.but i am confuse with the poverty line.something about household size.since im living with her am i considered as part of her house hold.there are 3 of house living in one house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4.so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition?

[TinTin and Samby 11]

Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

Edit

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.

This appears to be a common error but your statement does not represent a correct interpretation of the quote from the I-129F instructions. The passport does not need to have been issued 5 years ago. It has to have been issued with a validity of at least five years, meaning the expiration date is at least five years after the issue date. You don't have to prove you've been a citizen for five years. You are just proving you are a citizen. The USCIS recognizes that if you have a passport, you must have proved at some point that you are a citizen. A US Citizen can file a petition as a USC, the day they receive citizenship.

Children aged 3 to 17 are issued five-year passports.

As to the OP's question about finances, you must give evidence of your current income. If you file 2007 taxes in time to provide a copy to your fiance at interview, then do so. If there isn't time, you'll need to provide an employer letter and most recent pay stubs to support your statement of current income on your I-134. You may annualize your current income. You need not limit the number to a past full year of income. The employer letter and pay stubs are a good addition, even if you have the tax return. Just indicate in a cover letter to your financial package that you were not required to file a tax return because you had no income for the previous years.

Thanks for the correction and clarification, pushbrk.

Warm Regards,

Samby

[Arrta 1]

Hi cebu15,

Regarding your eligibility to file a I-129F petition for a K-1 Fiance Visa. Based on the information you provided, Relative to your US Citizenship, Look at #5 (D), below. If your US passport is unexpired and was issued 5 years or more ago, then that can be used in this process for demonstrating your US Citizenship. Per the instructions in the current I-129F form:

Edit

D. In place of any of the above, you may give USCIS acopy of your valid, unexpired U.S. passport issued witha validity period of at least five years. You must submit copies of all pages in the passport.

This appears to be a common error but your statement does not represent a correct interpretation of the quote from the I-129F instructions. The passport does not need to have been issued 5 years ago. It has to have been issued with a validity of at least five years, meaning the expiration date is at least five years after the issue date. You don't have to prove you've been a citizen for five years. You are just proving you are a citizen. The USCIS recognizes that if you have a passport, you must have proved at some point that you are a citizen. A US Citizen can file a petition as a USC, the day they receive citizenship.

Children aged 3 to 17 are issued five-year passports.

As to the OP's question about finances, you must give evidence of your current income. If you file 2007 taxes in time to provide a copy to your fiance at interview, then do so. If there isn't time, you'll need to provide an employer letter and most recent pay stubs to support your statement of current income on your I-134. You may annualize your current income. You need not limit the number to a past full year of income. The employer letter and pay stubs are a good addition, even if you have the tax return. Just indicate in a cover letter to your financial package that you were not required to file a tax return because you had no income for the previous years.

i can use my mom as a co-sponsor.but i am confuse with the poverty line.something about household size.since im living with her am i considered as part of her house hold.there are 3 of house living in one house and we all work.does this mean we are 3 in the house hold?and counting my fiance would that be 4.so my mom as a sponsor would have to be making 25,000 dollars since we will be a house hold of 4.am i right?im very confuse?but she doesn't make that much a year.but if i annualized my income i will be making 24,000 a year.how will this effect my petition?

From what I have found out...

Q: What if I want to sponsor an intended immigrant or nonimmigrant, but I cannot meet the income requirement?

A: In the event the primary sponsor does not earn enough, co-sponsor(s) may join the obligation for the intended immigrant. The joint sponsor submits a separate Form I-134/I-864A.

Good luck on your visa. I just mailed mine today. Not to rush you but as a reminder, you have 1 more day (post office is closed on Sunday) to mail a visa packet before the cost goes up to $455 for submission.