Confusion about parts of the process plus a previous filing! >.<

[xfreakazoidx 1]

So the short story is I am a 30 year old disabled american man. I am engaged to a 27 year old filipino woman. We met last year. Yes she is real and not a scam artist. I got a lawyer to see about getting her to America and he said he would file the Fiance Visa, but first we have to meet in person since we have not done so yet. Well this leaves me with a few questions:

1. I think my fiance had filed for a visa before back in 2009 with a guy who ended up using her. As far as I know it was denied (I seen a letter). I don't know if it was hers or her sisters, I haven't had a chance to ask her yet. (I seen it in an old email she sent). Will this effect our current fiance visa when we file it?

2. My lawyer said to meet first unless I can get a doctor to give me a letter statings its dangerous for me to travel. Will this make the visa more complicated to do? I have lots of chat logs....etc.

3. The lawyer said if I could not get a letter that we should either meet in Canada since she has less odds of being denied OR I could go to the Phillipines and meet her. Which of these is a better idea?

4. Lastly because we consider ourselves engaged, how will that affect her filing for a tourist visa to meet? I heard if your "together" they will deny you for fear of the person staying here. Some people tell me lie and say we are not together (which we are not for lying), while others say we should be honest about being together.

My lawyer says not matter what route we take theres no reason we could be denied outside of fraud/scams obviously. He said most people that file ususally get denied over filling out a paper wrong, but of course he said hes doing the paperwork for us so we do not have to worry about it.

Thanks for any help!

[Jann & tom 1]

So the short story is I am a 30 year old disabled american man. I am engaged to a 27 year old filipino woman. We met last year. Yes she is real and not a scam artist. I got a lawyer to see about getting her to America and he said he would file the Fiance Visa, but first we have to meet in person since we have not done so yet. Well this leaves me with a few questions:

1. I think my fiance had filed for a visa before back in 2009 with a guy who ended up using her. As far as I know it was denied (I seen a letter). I don't know if it was hers or her sisters, I haven't had a chance to ask her yet. (I seen it in an old email she sent). Will this effect our current fiance visa when we file it?

2. My lawyer said to meet first unless I can get a doctor to give me a letter statings its dangerous for me to travel. Will this make the visa more complicated to do? I have lots of chat logs....etc.

3. The lawyer said if I could not get a letter that we should either meet in Canada since she has less odds of being denied OR I could go to the Phillipines and meet her. Which of these is a better idea?

4. Lastly because we consider ourselves engaged, how will that affect her filing for a tourist visa to meet? I heard if your "together" they will deny you for fear of the person staying here. Some people tell me lie and say we are not together (which we are not for lying), while others say we should be honest about being together.

My lawyer says not matter what route we take theres no reason we could be denied outside of fraud/scams obviously. He said most people that file ususally get denied over filling out a paper wrong, but of course he said hes doing the paperwork for us so we do not have to worry about it.

Thanks for any help!

[Jann & tom 1]

hi there,

Edited June 26, 2012 by janice & tom

[feli114 65]

If I were you, I would travel to the fiancee's country and meet. The other petition may or may not weigh on the new one. It depends on the officer.

[xfreakazoidx 1]

If I were you, I would travel to the fiancee's country and meet. The other petition may or may not weigh on the new one. It depends on the officer.

Turns out I was wrong. The previous visa I seen was her sisters, not hers. Phew!

Yeah even though its cheaper to meet somewhere else I plan on going there instead so theres no paperwork to deal wtih really. That harderst part is I am on SSI Disability and don't have alot after rent. So I have to save ALOT of money since my mother has to come with me to help me. UNless of course I can get my mother to fly for free as my assitant. I've seen disabled people do that before.

[JimVaPhuong 4,863]

Turns out I was wrong. The previous visa I seen was her sisters, not hers. Phew!

Yeah even though its cheaper to meet somewhere else I plan on going there instead so theres no paperwork to deal wtih really. That harderst part is I am on SSI Disability and don't have alot after rent. So I have to save ALOT of money since my mother has to come with me to help me. UNless of course I can get my mother to fly for free as my assitant. I've seen disabled people do that before.

So, your fiancee has NEVER applied for a fiancee (or spousal) visa before?

You'll have an issue with your income. It doesn't qualify for consideration because it comes from a means tested public benefit. If SSI is your only source of income then the consulate will consider your income to be zero. You need qualifying income of at least $18,912 per year, presuming your household will consist only of you and your fiancee. At most consulates this could be overcome by providing a joint sponsor who has qualifying income for their own household size (plus the intending immigrant). However, the consulate in Manila is notorious for refusing to accept joint sponsors for K visas. They have this discretion. The seem to make exceptions and allow a joint sponsor if the primary sponsor has a very good reason for previous low income, has very good prospects for much improved income in the future, and the joint sponsor is a close family member of the petitioner or the beneficiary. Someone who might meet these narrow criteria is a student who recently graduated (low income because they were a student, future income prospects are good because they recently graduated). Diametrically opposed is someone on SSI disability (low income because they don't work and don't qualify for earned benefits, bleak prospects for improved future earnings).

Your attorney is correct only as far as getting a petition approved. When a petition is denied it's usually because of a lack of the proper documents, or the documents weren't filled out properly. The situation is different at the consulate. A lot of people are denied for failing to meet the "public charge" requirements. Many more are denied for failing to prove a bondafide relationship.