Steve2022

This is fresh in my mind, because I had a conversation yesterday with a friend who recently filed his I-130.  His accountant told him the marriage wasn't "real" until his spouse arrive in the USA.   This is lazy and bad advice.   What I found out is that even if you are married only 1 day, you still have to file as married.  This sucks because if you don't have an ITIN for your spouse, you won't be able to deduct many things because you'll be forced to file "married filing separately" or else apply for an ITIN, which may be a futile move.   You can amend your old returns later, if they're not older than 3 years, after your spouse has an SSN, so you can get your deductions later.  I told my friend what I myself had already learned, and then my friend asked his immigration attorney, who advised that yes, he must file as married.  Why? Because them's the rules.  Our grandparents and great-grandparents voted to allow this when they ratified the 16th amendment.  At that time it only applied to 1% of the population, so they thought it was a good idea.  Also "married" should look better than "single" when the NVC looks at your documents.  Here is a link from H&R Block, a respected tax preparer:   https://www.hrblock.com/expat-tax-preparation/resource-center/filing/status/married-to-non-resident-alien-status/
Pro tip:  if you use fileyourtaxes.com, you'll be able to file as "married filing separately" without having an ITIN or SSN for your wife, and you'll be able to file ELECTRONICALLY.  This is critical because if you print the return and write in NRA in the SSN blank, and mail it in, as TurboTax and FreeTaxUSA.com tell you to do, then you'll be waiting probably 6 months before your return will be processed and you can get a tax transcript.  If you file electronically, you'll have the tax transcript in 21 days.  If you're using an accountant/preparer, be sure that they understand how critical it is that your return be filed electronically.  

Bring original and copies.
 
Do take note of this:
 
" However, you must bring every civil document you uploaded and submitted with your application to your visa interview.   "
 
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-8-scan-collected-documents/step-9-upload-and-submit-scanned-documents.html

That's why I suggest you call the main number, and when you get a human, tell them you have a 221g and would like to speak to an agent.  You can call the main number and get a human in probably under an hour, depending what time of day you call.  If you have to, tell them you submitted an inquiry but the response was extremely vague.   However, I agree with RO_AH.  I think the cover letter is the most important thing.  If you submit that along with the extra financial papers, I think you should be good.  But it would be better to hear it from the horse's mouth.  You haven't even tried, you might be able to talk to a proper person about it.   Another option is to call the NVC.  You can definitely get an agent in under an hour who might know something. 
 

I disagree, just submit what you can with the 221g along with cover letter and wait the response. He will know soon enough. If they still do not accept then use a co-sponsor.

He was given a lot of suggestions of things he can add so it would not be only what they already have. Also you can submit a cover letter explaining your situation with the 221g. The cover letter is probably more important that the documents that they already have. A 221g is not a rejection per say but a request for more info. You send the 221g in and have a response within about a week, I don't consider that much of a delay. If that fails then go for a joint sponsor.

Thank you for the input. My adjusted gross income and total income on my taxes are the same, which are well above the poverty guidelines. As far as using a joint sponsor, I may consider that. I felt that since I met the income requirements and also had assets, it wouldn't be necessary. It may be simpler if I have a joint sponsor with a regular job.

That is false.  I did two interviews there and most couples used joint sponsors.  I know of hundreds in a K-1 group that were approved with a joint sponsor.  Crapidvisa is clueless and I believe they are confusion joint and co sponsors.
 

As a fellow stock trader (but I had a full time job too when I petitioned my wife) I would think if this is your sole source of income you would have to show many years worth of income from stock trading (more than the 3 year tax transcripts). We just ended the greatest bull market in history so they might think anyone could have made money. Also, did you apply with the IRS to be a qualified trader so you can file a schedule C and deduct expenses? This would show it truly it is your “job.” Without that I could see them being skeptical.

I have been shocked recently to hear some repeat some obvious and (in my mind) very false propaganda that they have apparently been exposed to.  Things are not much better in the USA with respect to availability of reliable unbiased news these days.  I do not argue a whole lot because it isn't worth it, and they may well figure out the truth sooner or later on their own.  If we Americans were such oppressive colonizers, worthy of lumping in with the Spanish, then why did we Americans free the Philippines from the Catholic Church and give them their first elections in 1907, sharing the Gift of Democracy that we were so fortunate to have been given?  Did we keep Japan as a territory to tax after they were conquered?  No, we gave them the Gift of Democracy, because that is all we ever wanted to do.  Not conquer, not colonize permanently, and only as much as required to share the Gift.  The seed of Democracy cannot grow in infertile soil that does not even know the Rule of Law because of centuries of oppression.  A certain nation-state which I shall not name is now working feverishly to overthrow democratically elected governments and replace them with dictatorships.  They have had successes.  Bot accounts on social media is how they do it.  Let's hope they won't be successful here.   I can understand Filipinos who just want to feel safe and secure from the hold-up men and other criminals, who really should be fed to the fishes in Manila Bay.   What good is due process when you can't hire a taxi without fear of being extrajudicially robbed?   Who can criticize others for their choices when we all have a God-given right to self determination?   But I do wish the Philippines had remained an American protectorate for longer, so that their Democracy might have been more assured.

Yep. I am old enough to remember what Marcos did. Honestly Obama started the fracture with Philippines when he started talking down to Duterte in my opinion and pushed them towards China.  
 
This is the biggest problem 

The has been the ultimate game of chess won by the Duterte's/Marcos who will continue to wreak havoc on the country.
 
2010 onwards - mass misinformation and disinformation campaign set upon the Philippines, orchestrated in large part by the Marcos who used China, Filipinos, and Eastern Europeans for this .
2016 - Duterte wins and immediately starts threatening journalists, TV/radio stations, has some shut down, some arrested, etc.  Very similar tactic to Marcos Sr.
2022- BBM wins by a landslide through continued mass misinformation campaign.  Average age in the Philippines is 25, so they have no idea what really happened previously.
2022- Sarah Duterte allows Marcos to be President, but she takes the consolation price of VP but also gets thrown a bone to serve as Secretary of Education.  She will have full control to continue the misinformation campaign for the next 6 years.
2028 - Most likely Sarah gets her turn to be President and another Marcos will be VP
2034 - VP Marcos assumes the Presidency and the cycle continues.  
 
The main issue is that the 2022 campaign wasnt even close and it would take the country burning to the ground to change public opinion on those in power.  It is a very grim future for the country and if you thought the Philippines was a province of China during Duterte, the country will be owned by China after 6 years, most likely in subtle ways to not scare the public too much.
 
Misinformation, disinformation, and manipulation is far more powerful today then tanks, missiles, guns, grenades, etc etc etc.
 
 

I agree 100%. 
 
There can't be any moving on if the people who committed crimes won't even admit they did anything wrong.

As bad as social media is here in the USA, it is even worse in the Philippines.  Marcos’ re-election is a direct result of a dumbing down of society to the point that millions of sheep will hop onto even the most self-destructive hype train without giving any of it much sincere thought.

Great post!

The more you research, the more you will find out that the Philippines is not a great place to start a business as a foreigner compared to most other SE Asian countries, and for that matter, most Asia countries.  
 
Interestingly, besides the executions, tortures, and reeducation camps that Marcos Sr was responsible for, he can also be contributed to creating the OFW program.  The OFW program was actually quite genius (in a bad way) as the program was able to export many of the domestic economic problems, plus was a program to essentially get rid of the ambitious, vocal Filipinos who may stand in the way of his dictatorship.  Only when the economic situation became so dire, did the people eventually stand up and protest in '86, but at that point they had no other choice but to do so.  Poverty went from around 40% of the country in the early 1970s, to over 60% of the country by the mid-80's.  Today, the OFW remittances are over $30 billion each year.  You would think if an industry was bringing in that much money, it would be something to be proud of, but its not.  Its a continued way for politicians to export their problems, while essentially enslaving many of their citizens outside of the country.  It also leads to a terrible "brain-drain" where the best and the brightest are no longer in the country.  Until that is reversed, there is no hope for the economic situation of the country.  In addition, another 10%+ of their GDP is BPOs.  However, many BPOs are not happy with their operations in the Philippines and some have started to move to Malaysia, and even Indonesia of all places.  BPOs can quite easily be moved and have successfully jumped from the US/UK/Australia/etc etc to India, then to the Philippines now on to other countries where English is improving.
 
Marcos Jr has no policies on anything.  Essentially he has only repeated things that his Dad did.  Many Marcos Jr supporters will tell you that during Marcos Sr time, it was the "Golden Age" (which has proven to be false).  Many of todays Marco Jr supporters expect the 2nd Golden Age to appear.  However, ask any Marcos Jr supporter if they could have any job in the Philippines or that same job in the US/UK/Europe/Middle East/Australia/etc etc etc etc, most of them will take the overseas job.  All of them would leave the country at the first opportunity, except some who would not want to be separated from their family and friends, but not because they believe they will finally get the Golden Egg.  Marcos Jr won not only because of misinformation, but because he had the better, more funny tik-tok videos, the better and funnier Facebook posts, and as we all know and have seen, nowadays thats all that matters.

Pictures and some sort of proof that you are in communication regularly will help. All that really matters is you passport stamps for proof of travel. Make sure your wife's birth certificate does not say delayed registration or she will need more documentation that is not listed. If it is just ask here and people will let you know what is needed.

I guess it is just the way the US Embassy there is run?   I pulled this from the rapidvisa website:   "every single embassy and country has different rules, and it's at their discretion. The Philippines is one of a small number of embassies that do not accept joint sponsors for the K-1 fiance visa. They actually require you to meet the income requirements on your own, and if you cannot do that through employment, then you can also use assets in some cases. And even that falls to the discretion of the consular officer, as to whether or not they'll accept assets, and what type of assets they'll accept."
 

I guess it is just the way the US Embassy there is run?   I pulled this from the rapidvisa website:   "every single embassy and country has different rules, and it's at their discretion. The Philippines is one of a small number of embassies that do not accept joint sponsors for the K-1 fiance visa. They actually require you to meet the income requirements on your own, and if you cannot do that through employment, then you can also use assets in some cases. And even that falls to the discretion of the consular officer, as to whether or not they'll accept assets, and what type of assets they'll accept."
 

We were delayed 3 months extra at NVC because the reviewer wanted "every single 1099 and w-2" uploaded separately from the tax return.  They had already been provided, but as part of the tax return.  They wanted each income source uploaded as a separate file, I think is the rule.  Rapidvisa botched the initial upload, but I guess I can't complain because I only paid them $650 in total.   Rapidvisa also required I provide 6-7 months of bank statements.   Sometimes I think they knew what they were doing.  

I guess it is just the way the US Embassy there is run?   I pulled this from the rapidvisa website:   "every single embassy and country has different rules, and it's at their discretion. The Philippines is one of a small number of embassies that do not accept joint sponsors for the K-1 fiance visa. They actually require you to meet the income requirements on your own, and if you cannot do that through employment, then you can also use assets in some cases. And even that falls to the discretion of the consular officer, as to whether or not they'll accept assets, and what type of assets they'll accept."
 

It's not the Philippines government that doesn't allow it but the rest of your reasoning is spot on.

Every dog finds a bone sometimes))) You seem to be on the ball. It might have been much less stressful to do it yourself.

I wonder if your situation is somewhat similar to mine.   I was told by Rapidvisa, my agent, that my income from a trust fund was not considered to be "sustaining income".  I suppose money from buying/selling stocks would be much the same.  That income is not considered reliable or reproducible.  So it seems like there is some discrimination against people who don't work for others or have non-traditional revenue streams that they aren't used to looking at.  After Rapidvisa told me this about the "sustaining income", I decided to just get my sister to be the joint sponsor, so that I could be assured that there would be no problems.  She has a regular job where she gets a salary.  This way their head can't explode from looking at the financials.  Still, if you have assets that are more than 3x the income requirement, then I don't see how they can deny you.  I would call the embassy and ask for reconsideration.  Maybe the consular agent is new and needs to be trained.  You might get a lawyer to appeal the decision, but it may be easier to just get a joint sponsor. 

Perhaps some documents from Experian that show what your total debt is and credit score might be helpful?   I would call the embassy main number and just hold until you get a human being.   Or wait for better answers from this forum.   You should also provide every 1099 (and w-2, which seems like you don't have) and form 1041 (if applicable, probably not) you have available.  Not sure how you got through NVC without providing all of your 1099s, separately uploaded to CEAC.  And your full tax return.  And 6-7 months of bank statements. 

I'm sorry, I just remembered that you can't use a joint sponsor for a fiance visa in the Philippines.  The Philippines government doesn't allow it.  Probably too many spouses that got stuck with some good-for-nothing that doesn't work.  So I would suggest you get a net worth statement signed/validated by your bank or a lawyer or something, to prove that your assets minus liabilities are above the minimum threshold, or find out exactly what sort of documentation they need to prove your assets.  That or get married and jump back to the end of the line with a new I-130.  Good luck.