JE57

Congrats on NOA2. Relax.. Take a look at http://www.visajourney.com/content/k1flow.%C2'>

Congrats on NOA2. Relax.. Take a look at the K-1 visa flow at k1flow under guides. Enjoy your time in the USA with your Finance. Looks like nothing will arrive in your home country until around the time you get back anyway. Follow the process and use the opportunity to make sure you bring back everything you'll need for the interview and subsequent part of 'your' process. Does not look like you'll be in your country for long before being allowed to return to marry that is GREAT for you. As for the affidavit of support. Based on a previous discuss thread you had your fiance provided support for another person and claimed on taxes by choice not by obligation. The affidavit of support only requires tax returns if he is self employed. Therefore if when he files in 2014 he does not intend to claim this person as a dependent than it may not be necessary for him to list that person as a dependend on the affidavid of support form. He can continue to contribute to that person's welfare voluntarily without actually listing them as a dependent if they indeed are not dependent upon him.. Therefore he may be able to file without his sister. If his sister is willing to be a co-sponsor this would (I think) only make your case stronger. When you get married apply for AOS and also apply for EAD (authorization to work) and AP (authorization to leave the country and re-enter) taking about 90 days.

We applied for our I-129F from Hong Kong. We faced the same problem. For me I decided the best way would be to delay the application and asked my US bank (BoA in this case) to send me a book of checks. It took extra week or so but all in all it was worth it for the piece of mind. However, I also found out that banks in Hong Kong could issue a US dollar check for a fee. As others have suggested I see if your US bank could send you a book of checks (cost me $9 USD). Or you could have a friend or relative send a check to you that you could send in. On the plus side we went from application on April 1 (from HONG KONG) to NOA1 on April 8th to NOA2 on April 21 so at current a delay of a week to get a check shouldn't be a deal breaker.

Congrats on finding the woman of your dreams. Definitely you don't want to go the route of your friend as stated above it could in the worst case garner you a 10 year ban from entering the USA after they deport you for Visa violations. Yes, she has to initiate the I-129F application on your behalf if you intend to reside together (or even Marry) in the USA. I'm not sure how you were able to apply for a green card in the USA. If you were to receive such a card then that changes everything for the better because then you wouldn't have any wait at all or need to file forms or anything else. However, please be aware that after she files for a K1 visa application on your behalf you MAY have problems entering the USA. You would be, at least in theory, subject to questioning at the border (Port of Entry) as to why you should be admitted as a tourist when you have a K1 visa pending. The issue is that the K1 visa shows that you intend to immigrate to the USA whereas to enter as a tourist the you are not intending to Immigrate. There are some great discussions on entering the USA with Dual intent you should read up on before you assume this is assured. Also, not sure it's an issue, but be aware that after you do enter on a K1 visa and get married that you have to apply for Adjustment of status, during that time you can not leave the USA until you get your green card.. You also can not work while under AOS. Both of these times can be shorten by applying for something called Advanced Parole and employment authorization at the time you apply for AOS. (that can take about 3 months). But all something to consider that you'll be 'STUCK' in the USA for at least 3 months without the ability to legally work after your marriage. Also, I'm not sure how you plan to start the process rolling next month (May) when you don't plan to propose until June or July. Not trying to discourage you rather just hoping you go into this well prepared and aware of the possible pitfalls so you can deal with them in advance.

Well, according to your timeline you time away from him shouldn't be too too much longer. I imagine it's hard in Greece from what I see on the news. Best of luck to you and your Finance. Family issues can be tough but like all issues dealing with them together makes you both stronger in the end. God bless you both.

Good Luck. Philippines is hard to get a tourist visa in the USA. You have to prove strong ties to the Philippines. A family business, run by the family doesn't sound like strong ties to me. My advice, think of it this way... You are the officer at the interview, You are trying to protect the interests of the USA from thongs of Philippinos who are desparate to escape the poverty and the desperation in the Philippines. (not that the philippines is really like that) You quite literally believe that you are defending the USA from those who would otherwise over run it. Now with that frame of mind think about what this young woman could present that would change your mind and convince you that she would be returning to the Philippines and not staying in the 'land of oportunity'. A family... not likely (she'd get a job in the USA illegally overstay her visa and send money back to them), A large family bank account... probably not... a family business.. Maybe.. how is her presence key to the success of that business, how would the business survive without her. I'm not saying consulatate officers are mean or prejudiced.. They are required by US law to assume that the person applying will overstay their visa until you can prove otherwise. Doing so is hard to do in the Philippines but not impossible. If you can't convince yourself then as others have posted your best bet is to plan a vacation in the Philippines with her. It's a huge country with lots of diversity. Odds are that she probably has not seen parts of it and having an opportunity to see another part of her own country would probably be almost as good as the USA. Take a look at CEBU pacific website they often run specials for internal flights at just 99 Pesos + taxes and fees (that's $2 US). If you go make sure that you keep boarding passes and pictures/receipts together in case you decide to eventually bring her to the USA as your financee or spouse.

So disappointed in this, there are so many people on this forum who are deeply in love with their finance(e) or spouse. People who would give there right leg to have residency in a foreign country like Thailand where DCF is possible. Yet the OP mocks us all but suggesting that he doesn't want to marry his GF just wants to use other options to be with her and then wonders why he encounters so much animosity. I hope you and your GF decide what relationship you really want.. While it might be nice if the USA or other countries had visas that allowed 'friends' to live together this generally is not the case. For those of us who just want to spend time with our loved ones in a timely fashion your posts have been an painful slap in the face reminder that we can not do so while you can and chose not to. In any other forum this is the behavior of a TROLL and you will have to go a long ways to convice people here that you are not just that.

As I understand his primary for of proof of being able to sponsor you will be based on his 2013 return. You'll want to look at the line on the form that says Total Income.. On a 1040 that is line 22. then look at the total dependents he claimed on that same form and add one (yourself) to that number. Look it up in the table mentioned above, If the total of what he paid is less than stipulated in the table then you need to have a serious discussion with him about how you can move forward and if you can get a co-sponsor(s). If the total he claimed is greater than the minimum then you can relax. If he didn't file a 1040 but some other form then you can look up that form. You are looking at total income BEFORE deductions as I understand it. As for the comment about having a timeline... Yes, I too looked for it only because I want to know if you have filed the I-129F yet or not since the filing of the application doesn't require any of this financial proof which comes later.

If he claimed an income of less than 24,760 for 2013 and claimed 1 dependant (his nephew) then you may have a problem going forward. If he claimed his parents or others in addition to his nephew then you may have a problem. There are ways around this in terms of getting a co-sponsor when the time comes but you'll want to consider that in advance.

The sooner you start the sooner you can move forward with the process and the sooner you can be together. The initial steps in filling an I-129F don't deal with the ability of you to support your future spouse. When we filled out our I-129F application no where was I (the USC) asked about income. For the intial approval (getting to NOA2) you only need to prove that you have met your boyfriend in person in the last two years and that you are both eligible to Marry. Filing a front loaded I-129F with solid proof of real relationship is a time consuming (and potentially enjoyable) process. So gather up the forms, start filling them out and find the $340 for the application and get started. In the couple of months (or maybe as many as 5-7) that it takes to get to NOA2 perhaps your business will flourish and you'll be off state Health Insurance anyway! Here's hopping.

As reassurance to OP, consider this... One of the things we partitioners who are US citizens must do is provide proof that we can financially support those that we are sponsoring. The US government is going to look closely at rather we the USC can provide said support or not. Once you enter the USA and marry the partitioner he or she is responsible for you not becomming a burden on the USA for 10 years. Unless not paying taxes is a criminal offense then I wouldn't worry about it. On the other hand, why not ask your finacee for a loan or to help you out with this. Not that $370 USD is a small amount of money but for a USC who is gainfully employed with even modest credit comming up with $370, even if it's thru a credit card advance should be possible and you could get out from under this fear quickly and easily.

MK108... Great news on your NOA2!!! Very quick indeed. We sent ours in via DHL on April 2nd. Our situation is unique (arn't they all).. As long as we can get thru the process by early Dec we are good and may be fine even if we can't :-) I'll look at updating my profile.

"Yup, talked it through with hubby a few days back. We had already decided on him staying in US during the interview. As y......."

He filled a 129F according to the timeline... You said you talked it over with your Hubby... That implies HUSBAND which implies already married which implies 129F was maybe for a K3 visa? If a K1 financee visa and you are married then there is a problem... if 129F and you are engaged and not married you'll want to avoid any implication that you might be married! Hope you get NOA2 soon.

I'll pose this question to the community regarding OP circumstances. He says they both live in Canada at the present time... Doesn't his wife filing a I-130 require that she have domicile in the USA is this going to trip them up? Maybe a K3 ?

Hello, I noticed you have a long thread in another forum on this site. As you have been advised there it is very unlikely that your gf from the philipines will receive a tourist visa unless she has a very compelling reason to return to the Philippines. This usually translates to Money. So if you have to send her the $160 it is unlikely that she would get approved and you'll be out the $160. Also bear in mind that the $160 is only part of the cost for her. If she's not in Manilla then she'll have to travel to Manilla to do the interview. If she doesn't have a passport she'll need to obtain one. And she'll need money for an Airline ticket, in the unlikely event the visa is approved. Further just to leave tthe Philippines she needs to pay travel tax and terminal fees which is a substantial amount of money. She should advise you of all this. She'll need to show financial means to the USA embassy to support her trip to the USA and if she has that then the $160 fee should not be an issue for her either. All in all I'd suggest you save the money and use it toward a trip for yourself to the Philipines it is an amazing place whith more beauty than you can imagine. Given you said in your other post that you are currently unemployed it's the perfect time to go explore. You can enter the Philipines visa free and stay for up to 21 days. It's much cheaper for you to spend time with her there then vice versa. Go, too the Philippines my friend, enjoy it, soak it in. Just by being there you'll have a much greater understanding of who you plan to marry as you'll have gained valuable insight into where she comes from. If you want to make arrangements I would be happy to discuss further with you. I hope you take the time to really embrace the country that is so much a part of what makes her who she is. Best of luck.

When you do travel given what they said I would be very specific with the immigration in whatever country you go to. Specifically I would make sure that your passport is stamped on entry and exit or if they give you landing slips that you save those as proof of travel. Good luck, my financee applied for a tourist visa as was denied because she had traveled too much so it really is at the discretion of the office at your interview.

Harpa and you 'discussed' this some as I was typing. You have a few challenges. Given your current freedom of movement I would suggest that your best option my be wait a little while and see how the processing times for I-130 forms plays out. Currently initial processing is taking around 6 months and then additional time visa and consulate processing etc. You're stuck between UK and USA, you marry her in the USA you may not be able to vist her for up to a year while the CR-1 visa plays out and you might not be able to enter the USA either. Maybe there is another way to be together? Can you hire her as an employee of yours and you bring her to England to live with you? If the UK government would allow her to work for you then she would have residence status in the UK and after a specific amount of time then you could marry in the UK and then go for an CR-1 visa via Direct Consulate filing all while staying together. You'd still have the financial hurdles and a few other potential pitfalls but it's another potential option to consider as DCF is generally much much faster and you could remain together in UK while you processed it.

CR-1 takes longer than the K-1 on average. As far as I know the financial requirements are the same she'll still need to show her income as being sufficient as your sponsor. Once you are married your ability to enter the USA may be questioned as you would then have to prove dual intent with the entire CR-1 process running longer than a year then timing a K-1 application seems like the right way to go. She doesn't have to prove financial support for a K-1 at application time. That comes later in the process so you could start the process and work thru the financial support thing while you are waiting for NOA2. If you are married then immigration at the port of Entry *could* deny you entry to the USA saying you intend to immigrate and are not a tourist. Several people have commentted not to hire a lawyer, that you can get everything you need here.. My experiance is not hiring a lawyer is only acceptable if you are willing to do a lot of the legwork yourself so that you become knowlegable enough to answer questions about possible pitfalls with your intended visa BEFORE you make sudden moves. For example, if you were to get married it could be grounds to keep you out of the USA for a year or more (strange but true) and perhaps even the UK would take a dim view of her visiting you if she was married to you for a similair reason. It's not as easy as you would think. Marry and move doesn't really work.

I would agree with other posters, a engagement party that looks like a wedding seems risky. Perhaps a justice of the peace wedding in the USA and apply for Advance Parole at the time you apply for Adjustment of status so you can go to Georgia in as little maybe 2 - 3 months and have the religious wedding there. But what you are suggesting sounds like asking for complications with immigration.

my thoughts to you would be, if you can afford to do so travel to Mexico after you have, filled out as much of the I-130 application as you can, also submit a K-3 application. Complete the applications with the necessary signatures, pictures etc, and then come back to the USA and Mail then in. Unfortunately it may not be possible for you wife to enter the USA before giving birth. She may be able to enter as a tourist but that can be problematic as you must be prepared to show immigration at the point of entry that she is planning to stay for a limitted time and has something called Dual intent. But this will be very difficult and you would want to consult an attorney before attempting it as doing it wrong could really screw things up for you. In short, I don't see that it is likely that your wife will be able to be in the USA legally for the birth of your son or daughter. I suppose there is the possiblity of an expedited process with the consulate IF she has a high risk preganacy and requires treatment in the USA but I really don't know much about that and it seems like a long shot. So sorry about the bad news but best of luck and hope you can visit her. Maybe you'll win the 'immigration lottery' and the K-3 will be processed quickly and she can enter on a K-3 and adjust status once she gets here. You've got nothing to lose (as far as I know) by filing a concurrent K-3

To the OP, I am engaged to a wonderful woman from the Philippines. There will be a-lot of people who have a lot of negative things to say about the Philippines and have stories of Fraud to tell. As a US citizen, born and raised in the USA I can tell you a bunch of things.. 1) The Philippines is a very different country and the culture of the Philippines is definately something you will need to understand if not embrace if you plan to Marry this woman the best way to do that is to go to the Philippines. It does sound like that might not be finacially possible for you at the moment. 2) For a young man from the USA there are thousands and thousands of Filippino women who want to meet you and establish a meaningful, lasting and loving relationship with you no matter what you look like. But, there are many many seeking you as a way to enter the USA. My experiance is you don't marry a Filippino you marry her entire family. Also, if a Filippino woman gets married in the Philippines then it is virtually impossible for her to ever end that Marriage... (Divorce is NOT allowed in the Philippines). You'll want to be 100% sure she has never been married in the philippines, if she has then you're looking at years and lots and lots of $$$$ before she can enter the USA legally to be your wife. Technically, it is not necessary for you to travel to the Philippines but it is necessary for you to meet her in person to apply for K-1 visa and there are a lot of requirements that you must meet to show that your relationship is real. Realistically, unless she has strong ties to the Philippines it is very difficult for her to even board a flight to LEAVE the philippines even to go to say Hong Kong. My Financee and I LIVE together in Hong Kong and we just submitted a 51 page package to USCIS to prove that we have a real relationship. My point is, this is not an easy process.

-

So... I know your confused and I don't want to discourage you.. But it sounds like you are not really ready to be here and undertake this process. The harder she pushes you the more caution you should take. Go there if you possibly can.. and if you do then PLAN to stay with her and her family, don't go to Cebu, or Palawan or Boracay.. plan to stay a HER family house.. It will be HOT, the tricycles will be cramped, the water locally will make you sick, the Lambanog blindly strong, and you may not want to see rice again for a month, but if in the end of all that you look at the totatlity of the situation and find the tightknit family endearing, the simplisity of life charming and you dream of someday retiring to the "real" philippines because of all of the above you should proceed with the I-129F application. I'm not an expert by any means on immigration but I'd be happy to talk with you more about all of this if you like. We can set up a skype session if you want someone to talk to.

-

Oh... and have a serious discussion with your Mom... Family is important and my Filippino Finacee helped me realize just how much for which I'll be forever greatful.

I agree with DCF filing as being the best way... Note that my studies on this topic have shown that Domicile and Residence are two very distinctly different legal words. Your Financee would meet the legal requirements of Residence in Germany if she can prove she resides there... That can be done via a work visa and/or a Lease for an Apt. I am assumming as a UK citizen you would have no issue staying with her for up to the 11 months without a visa as it's europe. Domicile in the USA is proven by showing that her 'roots' are in the USA. She has a job to come back to in the USA, she has plans to establish a US address in the future, maybe keeps bank accounts in the USA, anything that shows her 'roots' are in the USA. It sounds to me like you have hit the immigration jackpot with the ability to do DCF and not have to spend any time apart. - NOTE like other members on this forum I am not a lawyer and I offer advice based on my research, your most sure answer is to pay the money and consult an immigration attorney. But, it sounds like you are in a good place that many on hear will envey :-) Best luck to both of you.

You *might* have another option... If you can establish residency in India for 3 months than you may be eligible for Direct Counsulate filing in India which can be very quick. This is definately not the easiest ways but in limitted specific circumstances it might be the best. If you were able to secure residency then you would move to India and Marry her. Then file I-130 via DCF. BUT there are many many potential pitfalls with this approach. Overall my recomendation would be K-1 visa, legal ceremony at a justice of the peace in USA... Then apply for Adjustment of Status and Apply for Advanced Parole at the same time. Figure the K-1 process could be as little as 5 months start to finish and then add 3 months for waiting for AP meaning. Of course if her culture or religion requires a religious ceremony in India prior to living with you then the ONLY option you have is Marry in India and Apply for I-130 and plan to be apart after you marry for a year (or more). Be aware that after you file either a K-1 or an I-130 (or are married) or she states on entry to the USA that she is engaged to you that her tourist Visa may not allow her to enter as in she could be denied entry at the airport. This would be disasterous. So my advice given the limitted knowlege of your circumstances is.. Have her come to the USA on her tourist visa, while she is visiting with you dedicate some time to putting together the K-1 visa Application together and file that application as soon as she leaves the USA... Once approved have her return to the USA, marry her legally and immediately apply for Adjustment of status, and advanced Parole... Travel back to the India together to do the religious ceremony. Total time apart as little as 5 months and total time from Legal to Religious ceremony as little as 8 months.

Basically as I understand it your new wife will be allowed to remain in the USA as long as her Adjustment of Status is processing. NOTE one important caveat to this whole process... IF your new wife decides she wants to leave the country to vist back home (or anywhere else) either with or without you make sure that she applies for a document called Advanced Parole and that she does not leave the USA until she has either the Advanced Parole or the green card. To leave the country prior to recieving AP will in most cases the Adjustment of status to be considered abandoned and you'll need to start the process of getting an immigrant visa all over again this time with the much longer I-130 process. Good luck to both of you.