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using a co sponsor for K1 in Manila

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Filed: K-3 Visa Country: Canada
Timeline

Hi

I have a friend wanting to do a K1 for his fiancee in Manila..He will need a co sponsor.

Is this possible? I can't really find a YES or NO on this it appears at one time around 2001

that Manila wasn't going to accept co sponsor's for K1's. But I am still not clear on that.

Any input would be great thanks.

Thanks in Advance

Michelle

EAD:

Mailed EAD packet to Chicago: 08-01-2006

Chicago recieved EAD packet: 08-07-2006

Recieved NOA1: 08-12-2006

BIO APPT: 08-24-2006

Touched: 08-26-2006

Touched: 09-11-2006

Touched: 09-12-2006

EAD APPROVED: 09-15-2006

Email notice (3) recieved: 09-18-2006

EAD Card recieved: 09-20-2006

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Filed: Timeline

Michelle,

It is possible for someone other than the fiance(e) to be the sponsor for a K1 visa applicant, but the anecdotal evidence seems to be that the consulate in Manila views such sponsors with a jaundiced eye. They seem to prefer a sponsor who has a close relationship to the applicant on the basis that the closer the relationship the more likely that the sponsor will provide the support that they have offered should it be required.

Yodrak

Hi

I have a friend wanting to do a K1 for his fiancee in Manila..He will need a co sponsor.

Is this possible? I can't really find a YES or NO on this it appears at one time around 2001

that Manila wasn't going to accept co sponsor's for K1's. But I am still not clear on that.

Any input would be great thanks.

Thanks in Advance

Michelle

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Filed: K-3 Visa Country: Canada
Timeline
Michelle,

It is possible for someone other than the fiance(e) to be the sponsor for a K1 visa applicant, but the anecdotal evidence seems to be that the consulate in Manila views such sponsors with a jaundiced eye. They seem to prefer a sponsor who has a close relationship to the applicant on the basis that the closer the relationship the more likely that the sponsor will provide the support that they have offered should it be required.

Yodrak

Hi

I have a friend wanting to do a K1 for his fiancee in Manila..He will need a co sponsor.

Is this possible? I can't really find a YES or NO on this it appears at one time around 2001

that Manila wasn't going to accept co sponsor's for K1's. But I am still not clear on that.

Any input would be great thanks.

Thanks in Advance

Michelle

Yodrak

Hi so you mean if he had like his parents or maybe brother to co sponsor then this would be okj?

Thanks

Michelle

EAD:

Mailed EAD packet to Chicago: 08-01-2006

Chicago recieved EAD packet: 08-07-2006

Recieved NOA1: 08-12-2006

BIO APPT: 08-24-2006

Touched: 08-26-2006

Touched: 09-11-2006

Touched: 09-12-2006

EAD APPROVED: 09-15-2006

Email notice (3) recieved: 09-18-2006

EAD Card recieved: 09-20-2006

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Filed: K-1 Visa Country: Philippines
Timeline
Michelle,

It is possible for someone other than the fiance(e) to be the sponsor for a K1 visa applicant, but the anecdotal evidence seems to be that the consulate in Manila views such sponsors with a jaundiced eye. They seem to prefer a sponsor who has a close relationship to the applicant on the basis that the closer the relationship the more likely that the sponsor will provide the support that they have offered should it be required.

Yodrak

Hi

I have a friend wanting to do a K1 for his fiancee in Manila..He will need a co sponsor.

Is this possible? I can't really find a YES or NO on this it appears at one time around 2001

that Manila wasn't going to accept co sponsor's for K1's. But I am still not clear on that.

Any input would be great thanks.

Thanks in Advance

Michelle

Yodrak

Hi so you mean if he had like his parents or maybe brother to co sponsor then this would be okj?

Thanks

Michelle

Yes, an immediate family relative would be the best choice for a co-sponsor.

July 7, 2004 - Met Aimee in a chatroom

Dec. 25, 2005 - Went to Phils to meet her the first time

January 7, 2006 - Mailed I-129F to Nebraska Service Center.

January 27, 2006 - Received NOA1.

April 18, 2006 @1859 cst - NOA2 - APPROVED!

July 15, 2006 - Packet 4 received

September1, 2006 - Medical

September 8, 2006 - Interview - APPROVED!

October 15, 2006 - Arrived in USA

November 4, 2006 --- WEDDING!!!

April 20, 2007 - Mailed AOS

May 18, 2007 - Biometrics

July 26, 2007---GREEN CARD!(no interview)

April 13, 2009 - Mailed I-751 for Removal of Conditions

May 5, 2009 - NOA (extension approved)

May 18, 2009 - Biometrics appointment arrived today-scheduled for May 29, 2009

August 13, 2009 - Approval for removal of conditions (originally delayed due to RFE)

August 20, 2009 - 10 year green card arrived in mail

June 9, 2010</ - Treygan Isaiah is born

June, 21, 2010 - My adoption of Nathan is finalized

No lawyers and no problems

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Filed: K-3 Visa Country: Canada
Timeline
Michelle,

It is possible for someone other than the fiance(e) to be the sponsor for a K1 visa applicant, but the anecdotal evidence seems to be that the consulate in Manila views such sponsors with a jaundiced eye. They seem to prefer a sponsor who has a close relationship to the applicant on the basis that the closer the relationship the more likely that the sponsor will provide the support that they have offered should it be required.

Yodrak

Hi

I have a friend wanting to do a K1 for his fiancee in Manila..He will need a co sponsor.

Is this possible? I can't really find a YES or NO on this it appears at one time around 2001

that Manila wasn't going to accept co sponsor's for K1's. But I am still not clear on that.

Any input would be great thanks.

Thanks in Advance

Michelle

Yodrak

Hi so you mean if he had like his parents or maybe brother to co sponsor then this would be okj?

Thanks

Michelle

Yes, an immediate family relative would be the best choice for a co-sponsor.

I don't understand what kind of Embassy we have over there my friend emailed me earlier and said he spoke with a lawyer and the lawyer told him that Manila would not accept a co sponsor for even a K3..my friend was going to buy a plane ticket and fly there and marry her now hence he thought that would be better..So he could use the co sponsor. The person co sponsoring is his fiancee's uncle who lives in Hawii..My friend is on disabilty so he is limited to a yearly income I can't believe the US Emabssy laws in some places..I think if they accept a co sponsor in most of the Embassy's then they all should accept them..Thank you and Yodrak for your replies.

Michelle

EAD:

Mailed EAD packet to Chicago: 08-01-2006

Chicago recieved EAD packet: 08-07-2006

Recieved NOA1: 08-12-2006

BIO APPT: 08-24-2006

Touched: 08-26-2006

Touched: 09-11-2006

Touched: 09-12-2006

EAD APPROVED: 09-15-2006

Email notice (3) recieved: 09-18-2006

EAD Card recieved: 09-20-2006

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[

I don't understand what kind of Embassy we have over there my friend emailed me earlier and said he spoke with a lawyer and the lawyer told him that Manila would not accept a co sponsor for even a K3..my friend was going to buy a plane ticket and fly there and marry her now hence he thought that would be better..So he could use the co sponsor. The person co sponsoring is his fiancee's uncle who lives in Hawii..My friend is on disabilty so he is limited to a yearly income I can't believe the US Emabssy laws in some places..I think if they accept a co sponsor in most of the Embassy's then they all should accept them..Thank you and Yodrak for your replies.

Michelle

The descriminating use of joint-sponsorship is a policy to control immigration based on race. The uneven use of this policy is entirely prejudicial. When you allow the use of joint-sponsors in some countries and disallow it in others, dispite perfectly good joint-sponsors, it's obvious that those non-issuing Embassies and Consulates do just not want to give out visas to people of that nationality or race.

I have often wondered how many disabled Americans are unfairly treated by the State Dept. concerning the issue of joint-sponsorship. Another reason for allowing judicial review of Consular decisions.

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Filed: Timeline

Michelle,

We have a consulate that takes the guidance in the FAM seriously.

The public charge requirements of the law apply to all visas. The visa applicant must demonstrate to the consular officer's satisfaction that they will not become a public charge after entering the USA. The requirements for this demonstration are even stricter for immigrant visas, and K visa applicants will have to meet the same strict requirements when they apply to adjust status.

Let's review the facts of this case that you have - and have not - presented.

- The petitioner has limited income with unlikely prospects that the income situation will improve.

- The proposed sponsor is an uncle who lives in Hawaii. Where does the nephew-petitioner live?

- What evidence is available to show that the uncle will send money to the nephew should the need arise?

I haven't seen anything yet to indicate that the uncle is a suitable sponsor.

Yodrak

I don't understand what kind of Embassy we have over there my friend emailed me earlier and said he spoke with a lawyer and the lawyer told him that Manila would not accept a co sponsor for even a K3..my friend was going to buy a plane ticket and fly there and marry her now hence he thought that would be better..So he could use the co sponsor. The person co sponsoring is his fiancee's uncle who lives in Hawii..My friend is on disabilty so he is limited to a yearly income I can't believe the US Emabssy laws in some places..I think if they accept a co sponsor in most of the Embassy's then they all should accept them..Thank you and Yodrak for your replies.

Michelle

Edited by Yodrak
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Filed: K-3 Visa Country: Canada
Timeline
Michelle,

We have a consulate that takes the guidance in the FAM seriously.

The public charge requirements of the law apply to all visas. The visa applicant must demonstrate to the consular officer's satisfaction that they will not become a public charge after entering the USA. The requirements for this demonstration are even stricter for immigrant visas, and K visa applicants will have to meet the same strict requirements when they apply to adjust status.

Let's review the facts of this case that you have - and have not - presented.

- The petitioner has limited income with unlikely prospects that the income situation will improve.

- The proposed sponsor is an uncle who lives in Hawaii. Where does the nephew-petitioner live?

- What evidence is available to show that the uncle will send money to the nephew should the need arise?

I haven't seen anything yet to indicate that the uncle is a suitable sponsor.

Yodrak

I don't understand what kind of Embassy we have over there my friend emailed me earlier and said he spoke with a lawyer and the lawyer told him that Manila would not accept a co sponsor for even a K3..my friend was going to buy a plane ticket and fly there and marry her now hence he thought that would be better..So he could use the co sponsor. The person co sponsoring is his fiancee's uncle who lives in Hawii..My friend is on disabilty so he is limited to a yearly income I can't believe the US Emabssy laws in some places..I think if they accept a co sponsor in most of the Embassy's then they all should accept them..Thank you and Yodrak for your replies.

Michelle

Yodrak

I see where you are coming from and it does make sense...But I am still unsure about other possibilities. let me ask you this. Take for instance what you are saying does that mean anyone that is on disability that is sponsoring a spouse/fiancee will be denied their visa? Anywhere in the world or just certain countries? I mean if this is the case then that would be discrimination against Americans with a/on disability..And their sole income is that of SSI/SSA..Lets say their fiancee or spouse has a good education and will be able to obtain a good job once in the US and would be able to support the difference in the income is this something that they would look at? Sorry for so many questions here just wondering...

Michelle

EAD:

Mailed EAD packet to Chicago: 08-01-2006

Chicago recieved EAD packet: 08-07-2006

Recieved NOA1: 08-12-2006

BIO APPT: 08-24-2006

Touched: 08-26-2006

Touched: 09-11-2006

Touched: 09-12-2006

EAD APPROVED: 09-15-2006

Email notice (3) recieved: 09-18-2006

EAD Card recieved: 09-20-2006

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Filed: Timeline

Michelle,

Disability is not the issue. Sufficient financial resources to support another person in addition to those they are already supporting is the issue. Doesn't matter why the financial resources are insufficient. The same thing is going to happen to a fully able person if they don't have the necessary money, and it's not going to happen to a disabled person who does have enough money.

Different consulates are often more or less strict in their application of guidelines, which are subjective. The sponsorship area is particularly subjective for non-immigrants. The sponsorship quidelines are far more quantitative for immigrants and adjustment of status.

Recognizing that if the consulate in Manila were to grant your friend's fiancee her visa, she would next have to clear the immigrant financial responsibility hurdle to adjust status. Is the uncle going to be willing to sign an I-864 as a Joint Sponsor with your friend? If so, one possible solution to your friend's problem might be to marry his fiancee and have her apply for an immigrant visa.

Yodrak

Yodrak

I see where you are coming from and it does make sense...But I am still unsure about other possibilities. let me ask you this. Take for instance what you are saying does that mean anyone that is on disability that is sponsoring a spouse/fiancee will be denied their visa? Anywhere in the world or just certain countries? I mean if this is the case then that would be discrimination against Americans with a/on disability..And their sole income is that of SSI/SSA..Lets say their fiancee or spouse has a good education and will be able to obtain a good job once in the US and would be able to support the difference in the income is this something that they would look at? Sorry for so many questions here just wondering...

Michelle

Edited by Yodrak
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Filed: K-3 Visa Country: Canada
Timeline
Michelle,

Disability is not the issue. Sufficient financial resources to support another person in addition to those they are already supporting is the issue. Doesn't matter why the financial resources are insufficient. The same thing is going to happen to a fully able person if they don't have the necessary money, and it's not going to happen to a disabled person who does have enough money.

Different consulates are often more or less strict in their application of guidelines, which are subjective. The sponsorship area is particularly subjective for non-immigrants. The sponsorship quidelines are far more quantitative for immigrants and adjustment of status.

Recognizing that if the consulate in Manila were to grant your friend's fiancee her visa, she would next have to clear the immigrant financial responsibility hurdle to adjust status. Is the uncle going to be willing to sign an I-864 as a Joint Sponsor with your friend? If so, one possible solution to your friend's problem might be to marry his fiancee and have her apply for an immigrant visa.

Yodrak

Yodrak

I see where you are coming from and it does make sense...But I am still unsure about other possibilities. let me ask you this. Take for instance what you are saying does that mean anyone that is on disability that is sponsoring a spouse/fiancee will be denied their visa? Anywhere in the world or just certain countries? I mean if this is the case then that would be discrimination against Americans with a/on disability..And their sole income is that of SSI/SSA..Lets say their fiancee or spouse has a good education and will be able to obtain a good job once in the US and would be able to support the difference in the income is this something that they would look at? Sorry for so many questions here just wondering...

Michelle

Yodrak

Hi and thank you I see everything clearly now...I am just trying to find out this for my friend Dennis..I just feel bad for anyone that might be in this situation...I mean it like saying I can't fall in love and want to spend the rest of my life with you because I don't meet the governments income guideline..You know in Canada for spousal sponsorship you don't have to meet income guidelines, I don't know if the US government could possibly learn something from Canada or not..Anyway I could go on for hours with this but I am not..Thank you again Yodrak...

Michelle

EAD:

Mailed EAD packet to Chicago: 08-01-2006

Chicago recieved EAD packet: 08-07-2006

Recieved NOA1: 08-12-2006

BIO APPT: 08-24-2006

Touched: 08-26-2006

Touched: 09-11-2006

Touched: 09-12-2006

EAD APPROVED: 09-15-2006

Email notice (3) recieved: 09-18-2006

EAD Card recieved: 09-20-2006

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Filed: Timeline

Michelle,

People need to have food, clothing, and shelter to survive, and someone has to pay for it. Perhaps Canadians are more generous in their willingness to band together as a group to support immigrants who cannot support themselves. Americans expect the individual who is responsible for the immigrant being an immigrant to provide the support. Then again, perhaps Canada does not have the relative volume of immigrants to worry about that the USA does, I don't know.

Another thing that your friend could consider is moving to the Philippines if he wants to spend the rest of his live with his love. Perhaps Philippine immigration laws are less restrictive than US law.

I can tell you that it's far easier for me to visit my wife's country than it is for her to visit here. I don't need a visa to go there, but she and most of her countrymen are turned down for visas to visit the USA. On the other hand, she can become a US LPR and then a US citizen relatively easily and in a relatively short period of time as a result of our marriage, while I don't have a snowball's chance in hell of ever getting the equivalent resident status, let alone citizenship, in her country. So which county's immigration laws are better?

Yodrak

Yodrak

Hi and thank you I see everything clearly now...I am just trying to find out this for my friend Dennis..I just feel bad for anyone that might be in this situation...I mean it like saying I can't fall in love and want to spend the rest of my life with you because I don't meet the governments income guideline..You know in Canada for spousal sponsorship you don't have to meet income guidelines, I don't know if the US government could possibly learn something from Canada or not..Anyway I could go on for hours with this but I am not..Thank you again Yodrak...

Michelle

Edited by Yodrak
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  • 3 weeks later...

My fiance's interview is coming up, since I am here in the Philippines, I will accompany her to the embassy in Manila.

Will I be able to sit with her during the interview?

What are the interviewer's responsibilities? (i.e. I know he/she will need to determine whether my fiance and I will be able to financially support ourselves when in America)

What other questions can come up during the interview?

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I quit my job to spend time with my family here in the Philippines. Since I saved quite alot, I should have no problems w/ the financial questions. But, just in case I was able to collect (5) I-864s (co-sponsors) all from immediate family members, who live in the same city I do. I shouldn't have any problems, correct?

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My fiance's interview is coming up, since I am here in the Philippines, I will accompany her to the embassy in Manila.

Will I be able to sit with her during the interview?

What are the interviewer's responsibilities? (i.e. I know he/she will need to determine whether my fiance and I will be able to financially support ourselves when in America)

What other questions can come up during the interview?

Yes you can sit with her during the interview.

The interviewer will make a determination whether the relationship is bonifide and financial support is adequate.

I quit my job to spend time with my family here in the Philippines. Since I saved quite alot, I should have no problems w/ the financial questions. But, just in case I was able to collect (5) I-864s (co-sponsors) all from immediate family members, who live in the same city I do. I shouldn't have any problems, correct?

They don't use the I-864 for K1, you need the I-134. Whether or not they will accept any of the cosponsors is up to the CO to determine. Quantity is not a substitute for quality. I think they will put a greater weight on your income/assets and may or may not accept cosponsors in their determination.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: Timeline

aphamea,

A Joint Sponsor must meet the financial requirements. So one is all that is needed, one is all that would be accepted.

Yodrak

I quit my job to spend time with my family here in the Philippines. Since I saved quite alot, I should have no problems w/ the financial questions. But, just in case I was able to collect (5) I-864s (co-sponsors) all from immediate family members, who live in the same city I do. I shouldn't have any problems, correct?

They don't use the I-864 for K1, you need the I-134. Whether or not they will accept any of the cosponsors is up to the CO to determine. Quantity is not a substitute for quality. I think they will put a greater weight on your income/assets and may or may not accept cosponsors in their determination.

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