Glas64

Google nursing retrogression.

Most nursing positions are not H1 eligible, including from what you have stated, this case.

An Employer does not assist, the Employer sponsors a H1, pays the costs etc, not a cheap process. And until recently grossly oversubscribed.

Yes, I could be wrong about the type of VISA. But it is the same type of process the nurses go through. To be honest I don`t know much detail about those types of visas.

She may have had a job offer, but without a visa to go with it that is pretty useless.

And from what you have posted there is no visa available.

The companies who offered her a job were going to assist her in getting a H1B Visa. It`s basically the same way Filipino nurses are brought to the states. There is a demand for skilled medical workers who have similar education and training to US medical workers.

She has tried and failed to come to the U.S. and failed by passing that test and failing it. She then finds another avenue for entry. She now finds someone that has little income and every reason to want someone to come and that person is a lot older and invalid.

Interesting answer Consul. I appreciate your response. I hope you will reconsider the Visa based on he following. I am basically debt free. I have no mortgage or car payment. When you have no debt it`s quite easy to live on 20k per year. 30k total household income. I`ve been able to save about $600 per month of that 20k. So please reconsider my ability to support my fiance.

As you can see I`m not the desperate humpback pathetic "invalid" sloth that you are portraying me to be. I have a Bachelors degree and consider my self intelligent. I`m just 46 and as you can tell you are not able to tell my disability from looking at me or speaking with me. I`ve had a number of relationships. It took me 10 years to find the one who shared my values on life and family. I was married once before and told myself I would be much more careful the 2nd time around. Having been around Filipinos for the past 20 years I know all the signals of a scammer or greencard seeker. It just becomes a 6th sense after a while. My fiance has never shown me any of these signals. In addition she has never asked me for a dime.

Consul I`m actually stunned that you have taken these giant leaps in determining our case. You see my fiance comes from a quite wealthy family in the Philippines. In fact her living with me will be a step down from what she is accustomed. Furthermore she really doesn`t need my assistance coming to the USA. She has had job offers in the USA that she has declined. However we have to go through the K-1 process just like anyone else.

You also made a reference to her failing a test. Let me ask you a question Consul. Have you ever not passed an exam in your life ? Should you be labeled as a deceptive scammer because of this ? You must also be aware of the complexity of a PT exam that takes 5 hours to complete.

I conclusion consul based on our conversation I hope you will reconsider issuing us the visa. Regardless of the decision you make today you have no business calling yourself Consul. Good Day

If I was a CO and from what I have read so far I would deny as I think she is just looking to immigrate and using you to do so.

Oh Really ! Tell me why you reach such a conclusion ?

"Based on the financial question alone, the key information you left out was the age of your minor daughter"

She will be 13 in 2011

The co sponsor is a last resort. I really don`t want to have to do that. But I guess I will if I have to

Wow, maybe we are in Bizzaro world. That is very observant. Yes I have 2 accounts. Actually my firefox toolbar has auto login. I registered a new account a few weeks ago because I had trouble logging into my original account. I`ve since corrected the problem. Not trying to trick anybody. I really dont pay any attention to what account im logging in with.

Ok, I`d like to present my case and tell me if you think the Embassy in Manila consulate will grant my Fiance a K-1 Visa

Let`s just assume that the proof of meeting/relationship has been proved via boarding passes, pictures, Yahoo messenger and Skype records, other documentation,ect

I`m 46 Fiance is 30

I`m on Social security disability (SSDI). My minor child lives with me. I`m about $2500 a year short of the 125% needed for 3 people. My minor daughter, based on my disability also receives financial support via SSDI. It is approximately one half of what I receive. For example if I received $1800 per month she would receive $900 per month. Her SSDI is paid to me but in her name. For example the social security administration addresses letters/payments as followed "John Smith for Sally Smith" I`m assuming I can`t use my daughters income on the I-134. This is where I have a concern. If I list my household on the I-134 as 3 people (myself,fiance,my daughter) Do I only list my SSDI income ? She is getting that monthly payment as support for her. Therefore I have to spend very little of my monthly income on her. Based on just my income I would be above the 125% level for my Fiance and I but I`m $2500 short if I list household as 3 people. I hope I explained that clearly enough. I dont have much debt other then the typical monthly utilities and a small credit card bill.

I have about $6000 in savings. My fiance has about $1200

My condo, where I live is paid in full. When it was originally built in about 1970 the condos were all actually apartments. Many years later they were sold separately as individual units or condos. Mine was about $50,000 when I bought it but now is just valued at $41,000. My vehicle is also paid in full

My Fiance owns her own home in the Philippines. It is in her name. The house was built about 3 years ago. She received a loan via the gov`t. It was a 30 year mortgage so she has 27 more years to pay on it.

Fiance is a working and licensed Physical Therapist(PT) in the Philippines. Her degree has been certified in the USA. Meaning it is recognized by the PT licensing board in the USA. She still has to pass the state boards here to work in the USA as a licensed PT. However she would be qualified to work in the USA as a PT aide. She plans on taking that PT licensing exam in 2011

Fiance was granted a USA tourist visa 2 years ago in order to take the USA PT state boards. The exam was in the USA territory of Guam. The Visa specifically said "Guam Only" She abided by all regulations of the visa. Failed the exam Returned to the Philippines. Also I`m not marrying her to be a caregiver to me. Based on my disability there isn`t anything that can be done for me by a PT.

Fiance also worked for 2 years in UAE as a secretary. No problems in that area.

So based on the above info do you think the Visa would be approved ? Yes, I realize each interviewer is different but in general do you think we have a good chance despite the affidavit of support issue ?? Maybe I left out some key info? If I did please let me know. Many of you have very good knowledge of how this process works. I`m interested to hear what your opinion is. Thanks so much !!

Yes you are free to contact congressman and their representative, but don't forget that USCIS and NVC have timeline set for everything. USCIS cannot just look at your case and say hmmm this is more important and should be fast tracked over someone else unless you have some genuine reason.

So it would be nice to be patient and wait until your 5 months are over and yes it is rude for congressman and his representative contacting the USCIS officer before your time is up.

Why is it rude to contact a Congressman to inquire about your case before 5 months ? Even if they are unable to do anything it is part of their job to make such inquiries for their constituents. This is why they hire aides and assistance to do this very thing. Most people never make a personal inquiry to a Congressman. I see nothing wrong with contacting his office and requesting assistance. Rude would be one person contacting his office numerous times asking for assistance on the same matter. If they can help you that`s great. If they can`t then you thank them for trying. In fact if his office responds in a timely matter to my inquiry it may encourage me to vote for him regardless if he is able to help me or not. I made an inquiry about a immigration issue several years ago. My case was done much quicker then friends who were in a similar situation. Did the inquiry help ? I don`t know but I`m guessing it may have. My point is that these politicians are there to help people and make inquiries on their behalf to governmental departments.

I emailed my Congressman and Senator. Whether it will help or not I can`t be assured. You have every right to contact them. This may be the only time in your life that you will need to ask them for some assistance. This is part of their job to help you in dealing with Government agencies. Here is part of the reply I received recently from my Congressman office

"I will make sure to check again this afternoon to see where your case is and let you know. I will keep checking at 3 week intervals which is what our office can do.

In the meantime, please do not hesitate to communicate with me if you have questions or need additional information."

Does your income meet the 125% poverty requirement?

If not then you'll need a co-Sponsor anyway.

No, . If my fiance arrives my household will be 3 people. I`m about $2500 per year short of the 125 % My condo is paid for in full and I don`t have a car payment. I live a comfortable life on the Disability income. What I think is unfair is that I can make $20,000 and live a comfy life but I`m still rejected by the USCIS. However, someone could make $50,000 per year and be living paycheck to paycheck yet they would be approved.

I realize that the co sponsor is a option but it`s the last thing I want to do

Good day, Here is my question/concern. Since my only income is from Social Security Disability I have not had to file income tax form the past few years.I had checked with the IRS and they assured me that I did not have to file. From what I understand I must submit recent tax returns. What should I do ? I don`t expect to get the NOA2 for a few months yet. Should I file a 1040 now just to show I had filed a return and to prevent any delays ? Any advice you can pass along would be appreciated

A few questions if I may ? My fiance is a Physical Therapist in the Philippines. She isnt licensed here in the states yet but would easily be qualified to work as a PT aide or something of that nature Being that the occupation is in demand here in the states does the USCIS consider that in it`s decision whether to grant the Visa ? I`m about $2500 short of the 125% of the poverty level requirement. However My condo is paid for in full as is my car. I`m just trying to find anyway I can to meet the income requirements. I know you can get a co sponsor but that would be my last resort.

The thing I find odd is that someone can be almost debt free and easily live on $20,000 per year but they can still be denied the Fiance Visa. However a guy making $50,000 with a lot of debt in which he may be living pay check to pay check would get the visa. Maybe I`m misunderstanding how the affidavit of support works??

You count THREE. Your assets are not enough. The condo will not count since it is your primary residence and cannot be sold without replacing it. Your savings will be didived by 3 and about $1100 will be conted as your "income" Still short.

social security payments of any tyope EXCEPT Supplemantal income (SSI) can be counted. Regular SS such as retirement OR survivor benefits can most certainly be counted as well as disability payments. I am not sure what you mean by "paid to me under my child's name" If the checks are made out to YOU, you can count them. If the checks are made out to your child you CANNOT count them for the I-134. The I-134 does not allow combining incomes.

Gary and Alla,

Thanks for the info. You seem quite knowledgeable about this subject. I`d like to ask a few follow up questions if you don`t mind. Based on the info I gave you, How much money would I have to add to my savings in order to have the petition approved from a financial point of view? Also if I need to get a co-sponsor, what are his income requirements? He has a wife and 3 minor children. Does his income have to show that he is 125% above the poverty level with a family size of 6? (himself,wife,3kids and my fiance) I hope you can clarify this for me. Thanks so much for and assistance you can give me on this matter. If anyone else has any advice please don`t hesitate to respond.

I have a question. My minor child lives with me. It`s just the two of us. When figuring the 125% of the poverty level do I use the chart for household size for 2 people or do I count my fiance which would make 3 in the home ? For 2 people I`m safe but for 3 I`m about $2500 short. However my condo is paid in full and I`ve maintained a untouched savings account of about $3500 for several years. Do you think I`ll have a problem getting the K-1 approved based on this info ?

Also, As I understand regular Social Security can not be counted toward income but Social Security Disability(SSDI) does count. My income is all from Social Security disability My minor child also receives a SSDI benefit based on my disability. That money is paid to me under my child's name. Am I able to count this as part of my household income? Any info you can pass along would be greatly appreciated.