need usa visa advice. filipina girlfriend pregnant. affadavit of support too low i think

[ilavberty 0]

going crazy trying to figure out how to get the fiancé visa quick so the child can be born in the usa.

I was already thinking about applying for the visa but was hoping to wait half a year to show a higher income but am now in a rush to get it done quickly.

do I need to be at the 125% poverty level for 2 or 3 because of the expected baby.

right now im about $3,000 short of the 125% for 2 people. I have a life insurance policy with a $25,000 cash surrender value to make up the difference.

I also have about $5,000 in a checking account.

she owns her house and lot in the Philippines worth about $4,000. are we allowed to use this?

if it is 3 people because of the expecting baby im $8,000 short......

should I start asking for someone to be a joint sponsor. i kinda read joint sponsors are not really taken into consideration at the manila embassy. but I also read that 100% is ok and that the 125% is for when we adjust status.

anyway thanks for any advice and input.

Edited August 4, 2014 by ilavberty

[Ian H. 207]

For fiance visas you need an I-134 and you should only have to meet the 100% income requirement. You would need a joint sponsor when you file the I-864 with the AOS if you don't meet the 125% requirement. You can also use a joint sponsor now, there is no reason that they shouldn't consider it, if the joint sponsor makes enough on his own without combining his income with yours.

Also since you are a USC, your child should be able to apply for USC when born. He would be born a USC assuming you meet the 5 year requirement. I will post a link with info to determine if your child would qualify for USC at birth.

If for some reason the child doesn't qualify for USC, you would still be able to add the child to your fiances petition. You can't do so now because the child isn't born, but your fiancé would be able to add the child to her case once the child is born and he will enter as a K2. Under this process, when the child gets his AOS approved, he will automatically become a USC and you can then apply for a US passport under the Child Citizenship Act.

Here are the links:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

Edited August 4, 2014 by Ian H.

[Boiler 45,402]

As she is pregnant and you have yet to file then it is highly unlikely a visa would be processed in the time available.

But you do have time available to get your income situation resolved, current income is what will count.

Edited August 4, 2014 by Boiler

[Hank_ 9,174]

going crazy trying to figure out how to get the fiancé visa quick so the child can be born in the usa.

I was already thinking about applying for the visa but was hoping to wait half a year to show a higher income but am now in a rush to get it done quickly.

do I need to be at the 125% poverty level for 2 or 3 because of the expected baby.

right now im about $3,000 short of the 125% for 2 people. I have a life insurance policy with a $25,000 cash surrender value to make up the difference.

I also have about $5,000 in a checking account.

she owns her house and lot in the Philippines worth about $4,000. are we allowed to use this?

if it is 3 people because of the expecting baby im $8,000 short......

should I start asking for someone to be a joint sponsor. i kinda read joint sponsors are not really taken into consideration at the manila embassy. but I also read that 100% is ok and that the 125% is for when we adjust status.

anyway thanks for any advice and input.

You will need to meet the 125% poverty guideline for 2 until the baby is born. USEM does not normally accept assets (cash value with insurance, money in savings) to meet "shortage" in income, you would need to have a co-sponsor and at USEM for the K-1 that can be very difficult. Non of the assets your fiancee has in the Philippines can be used, you the petitioner must be able so show adequate income to meet the I-864P requirements.

Being your income is currently short for requirement will most likely need a co-sponsor and have not started the petition process I would suggest you look more serious at the CR-1 spousal visa as the embassy has to accept a co-sponsor with that visa. Of course the the other option is to get your income up, get a part time job or whatever.

For fiance visas you need an I-134 and you should only have to meet the 100% income requirement. You would need a joint sponsor when you file the I-864 with the AOS if you don't meet the 125% requirement. You can also use a joint sponsor now, there is no reason that they shouldn't consider it, if the joint sponsor makes enough on his own without combining his income with yours.

Also since you are a USC, your child should be able to apply for USC when born. He would be born a USC assuming you meet the 5 year requirement. I will post a link with info to determine if your child would qualify for USC at birth.

If for some reason the child doesn't qualify for USC, you would still be able to add the child to your fiances petition. You can't do so now because the child isn't born, but your fiancé would be able to add the child to her case once the child is born and he will enter as a K2. Under this process, when the child gets his AOS approved, he will automatically become a USC and you can then apply for a US passport under the Child Citizenship Act.

Here are the links:

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/child-citizenship-act.html

http://travel.state.gov/content/travel/english/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

Wrong, at USEM they want income to meet the 125% poverty guideline. Also USEM is very difficult about accepting a co-sponsor with the K-1 visa, that is an "iffy" option at best.

Edited August 4, 2014 by Hank_

[Greenbaum 12,259]

I agree with Hank..... CR1 is the best route to go. If the child is yours, then once born, then you can get a US passport and a Filipino passport and he/she has all the rights as an American and Filipino.

[Ian H. 207]

If the above is the case, then it would be better to do the CR1 process if they won't accept your AOS and a joint sponsor.

So if you are do the CR1 route, you would have to fly back and get married before you can submit the I-130.

[ilavberty 0]

Does the cr 1 need 125% or 100% poverty level?

[Boiler 45,402]

125%

[Ian H. 207]

If you do the CR1 and don't make the 125%, then you can use a joint sponsor.