Unable to work and filed k-1 visa??

[Clinton76 0]

I haven't been able to work full time since July of 2006, because of severe depession, anxiety and IBS..I have tried to go back to work a couple times since, but i couldn't handle it. After I quit my job after 10 years of working in 2006, I went temporary disability, that ran out in Aug of 2007 and I have also filed for pernament disability and after over 3 years of waiting, I'm now waiting for a hearing, which should happen sometime in march of this year. I have plenty of doucumentation to show my disability's, but my main worry is because i have yet to recieve any disability benifits for now, I have no income to support my fiancee!!! I do have plenty of saving after selling my house last year, but i hear you have to have at least 100,000 dollars for that to work. I have made attemts to find work here over the last couple of months since i filed our petition in december, but the unemployment rate here is about 25 percent, so I've had no luck. So, I decided to go back to school as of this year full time and get my certificate in Medical billing. My sister is going to co-sponser, but I know its up to the embassy to decide if they want to except them or not. So, my first question is does my fiancee have a chance of getting apporoved, since i have no income right now, but am going to school full time??

Also I would like to attend her interview if I can and would that help our case?

Please any advice on this would help wheather its good or bad? cause I just stressing out about everything, cause that's what I do and worry way too much also!!!

[Penguin_ie 5,992]

Being at the interview is definitely a good idea, and will be sen positively by the embassy. In some embassies, they do not let you into the interview itself, but you can stay outside and give your fiancee your passport to show you are there, then if the CO wants, they can call you in.

In terms of the affidavit of support, you have two options:

- get a co-sponsor, ie a USC or LPR to act as guarantor for your fiancee. However, I believe in the Philipines they embassy doesn;t like co-sponsors and don't usually allow them, especially if they are not close family members (such as a parent or sibling).

- Sponsor on assets, ie your savings, property, shares etc. You do not need 100'000, but you need at least three times as much as the 125% poverty guidelines for income. So if it's just you and your fiancee- no kids or other dependants- you'd need around 60'000 dollars.

[baron555 934]

I haven't been able to work full time since July of 2006, because of severe depession, anxiety and IBS..I have tried to go back to work a couple times since, but i couldn't handle it. After I quit my job after 10 years of working in 2006, I went temporary disability, that ran out in Aug of 2007 and I have also filed for pernament disability and after over 3 years of waiting, I'm now waiting for a hearing, which should happen sometime in march of this year. I have plenty of doucumentation to show my disability's, but my main worry is because i have yet to recieve any disability benifits for now, I have no income to support my fiancee!!! I do have plenty of saving after selling my house last year, but i hear you have to have at least 100,000 dollars for that to work. I have made attemts to find work here over the last couple of months since i filed our petition in december, but the unemployment rate here is about 25 percent, so I've had no luck. So, I decided to go back to school as of this year full time and get my certificate in Medical billing. My sister is going to co-sponser, but I know its up to the embassy to decide if they want to except them or not. So, my first question is does my fiancee have a chance of getting apporoved, since i have no income right now, but am going to school full time??

Also I would like to attend her interview if I can and would that help our case?

Please any advice on this would help wheather its good or bad? cause I just stressing out about everything, cause that's what I do and worry way too much also!!!

Why would you burden another individual and create much further stress for yourself by bringing another person from another country to this country?

Unless that person can immediately begin to work, I'd say you should wait until your life is more stable and you can take care of yourself before you add another person's life to the mix. Sri to be so blunt, but if you're stressing over this now, the situation will only be compunded much-fold with this other person.

[Carlawarla 1]

You might want to try posting this in the Philippines Forum. I only say that because I have heard and read here on VJ, that sometimes K-1's with co-sponsors are not successful. As well, mentioned earlier, your wife would not be able to work right away once here on a K-1. You might want to look at getting married, and filing a CR-1 visa, would allow her to work upon arrival (well, after receiving her GC about 3-5 weeks after arrival).

I'll post the link here for the Philippines forum where you might get specific information on the K-1 and the use of co-sponsors as they relate to the Philippines.

http://www.visajourney.com/forums/index.php?showforum=129

[Dakine 26]

I haven't been able to work full time since July of 2006, because of severe depession, anxiety and IBS..I have tried to go back to work a couple times since, but i couldn't handle it. After I quit my job after 10 years of working in 2006, I went temporary disability, that ran out in Aug of 2007 and I have also filed for pernament disability and after over 3 years of waiting, I'm now waiting for a hearing, which should happen sometime in march of this year. I have plenty of doucumentation to show my disability's, but my main worry is because i have yet to recieve any disability benifits for now, I have no income to support my fiancee!!! I do have plenty of saving after selling my house last year, but i hear you have to have at least 100,000 dollars for that to work. I have made attemts to find work here over the last couple of months since i filed our petition in december, but the unemployment rate here is about 25 percent, so I've had no luck. So, I decided to go back to school as of this year full time and get my certificate in Medical billing. My sister is going to co-sponser, but I know its up to the embassy to decide if they want to except them or not. So, my first question is does my fiancee have a chance of getting apporoved, since i have no income right now, but am going to school full time??

Also I would like to attend her interview if I can and would that help our case?

Please any advice on this would help wheather its good or bad? cause I just stressing out about everything, cause that's what I do and worry way too much also!!!

Wait until you get your act together. GOOD chance you'll/she'll be denied and then you are in deeper sh!t.

[Clinton76 0]

Wait until you get your act together. GOOD chance you'll/she'll be denied and then you are in deeper sh!t.

So, going back to school for a career in a good paying job, doesn't help my case?? Would I be better off working at a mininum wage job here?

[baron555 934]

So, going back to school for a career in a good paying job, doesn't help my case?? Would I be better off working at a mininum wage job here?

No it doesn't because nothing is finished. Plus with your stated disabilities, you physically may not be able to put up with any type of stress or added stress; it would not be healthy or helpful to your cause or recovery.

Just going to school does not mean you have a job yet.

[PanamaJack 1]

Why would you burden another individual and create much further stress for yourself by bringing another person from another country to this country?

Unless that person can immediately begin to work, I'd say you should wait until your life is more stable and you can take care of yourself before you add another person's life to the mix. Sri to be so blunt, but if you're stressing over this now, the situation will only be compunded much-fold with this other person.

I fully agree with Baron555 ................. Personally..... I waited 7 months till I went back to work with stability and benefits.. I was ready to file in March 2009 but did not till November 2009.

Edited January 28, 2010 by PanamaJack

[Gary and Alla 3,694]

I haven't been able to work full time since July of 2006, because of severe depession, anxiety and IBS..I have tried to go back to work a couple times since, but i couldn't handle it. After I quit my job after 10 years of working in 2006, I went temporary disability, that ran out in Aug of 2007 and I have also filed for pernament disability and after over 3 years of waiting, I'm now waiting for a hearing, which should happen sometime in march of this year. I have plenty of doucumentation to show my disability's, but my main worry is because i have yet to recieve any disability benifits for now, I have no income to support my fiancee!!! I do have plenty of saving after selling my house last year, but i hear you have to have at least 100,000 dollars for that to work. I have made attemts to find work here over the last couple of months since i filed our petition in december, but the unemployment rate here is about 25 percent, so I've had no luck. So, I decided to go back to school as of this year full time and get my certificate in Medical billing. My sister is going to co-sponser, but I know its up to the embassy to decide if they want to except them or not. So, my first question is does my fiancee have a chance of getting apporoved, since i have no income right now, but am going to school full time??

Also I would like to attend her interview if I can and would that help our case?

Please any advice on this would help wheather its good or bad? cause I just stressing out about everything, cause that's what I do and worry way too much also!!!

In your situation, as you describe it, the K-1 is a singularly BAD choice for a number of reasons.

1. You will need a co-sponsor but the PI's frown heavily and sometimes flatly refuse co-sponsors

2. Your fiancee will need to get married and adjust status (additional $1010) after she arrives BEFORE she can work. It doesn't sound like you need to add that to your plate.

You are better off to go to the PIs, marry your now fiancee in the PIs and file for a CR-1. Why?

1. It is $700 cheaper in the long run, just for fees

2. You submit yor affidavit of support to the NVC and not the consulate. The PI consulate has nothing to say about it and the NVC allows co-sponsors AND you will use the I-864 which allows for co-sponsors in the same houselhold to combine incomes. The I-134 does not allow this.

3. There will be no AOS when she arrives and can work and travel internationally on arrival.

[Gary and Alla 3,694]

So, going back to school for a career in a good paying job, doesn't help my case?? Would I be better off working at a mininum wage job here?

No and No.

Going back to school does nothing for CURRENT income which is what they use to determine the financial obligation. A minimum wage job is not enough. You need to earn, minimum, about $10 per hour at a full time job to qualify to sponsor on your own. The current minimum is $18,212 per year, gross for a family of TWO. This will increase on March 1. I do not know how much but it is fair to figure at least $1000 per year, to about $19,000 which puts you in the $10 per hour range.

[Clinton76 0]

In your situation, as you describe it, the K-1 is a singularly BAD choice for a number of reasons.

1. You will need a co-sponsor but the PI's frown heavily and sometimes flatly refuse co-sponsors

2. Your fiancee will need to get married and adjust status (additional $1010) after she arrives BEFORE she can work. It doesn't sound like you need to add that to your plate.

You are better off to go to the PIs, marry your now fiancee in the PIs and file for a CR-1. Why?

1. It is $700 cheaper in the long run, just for fees

2. You submit yor affidavit of support to the NVC and not the consulate. The PI consulate has nothing to say about it and the NVC allows co-sponsors AND you will use the I-864 which allows for co-sponsors in the same houselhold to combine incomes. The I-134 does not allow this.

3. There will be no AOS when she arrives and can work and travel internationally on arrival.

Ok, wish I would of known about this sooner! How do i cancel my K-1 petition, so I can apply for the CR-!?

[Rob and Jill 82]

I would be very careful and throughly consider what you do before you make any more steps. These are the reasons why:

1. You've been trying to get disability for various ailments. You're awaiting a hearing for your case. If you win said case, you should get back pay on the disability for the amount of time you have been trying to file. Since you have been waiting roughly 3 years, that should be a fair chunk of money. That money could pay for your trip, your marriage, and your CR-1 filing.

2. You could lose your chances of winning your disability case if you go back to school. Now, whether this case is legit or not, (I am not judging either way) you should consider that if you are well enough to go back to school, someone is going to ask the question why aren't you well enough to sit behind a desk and answer a phone? You should be very prepared with a GOOD answer to these types of questions. Furthermore, you could be denied disability merely on the fact that you have a lump sum in the bank.

3. If you have already filed a K-1 I do not personally agree with canceling it and filing the CR-1. It's not cheap to file the K-1 and you already started it...if money is potentially an issue for you why are you willing to waste what you have spent? I would follow through with what you started, but you can see others would disagree.

[Clinton76 0]

I would be very careful and throughly consider what you do before you make any more steps. These are the reasons why:

1. You've been trying to get disability for various ailments. You're awaiting a hearing for your case. If you win said case, you should get back pay on the disability for the amount of time you have been trying to file. Since you have been waiting roughly 3 years, that should be a fair chunk of money. That money could pay for your trip, your marriage, and your CR-1 filing.

2. You could lose your chances of winning your disability case if you go back to school. Now, whether this case is legit or not, (I am not judging either way) you should consider that if you are well enough to go back to school, someone is going to ask the question why aren't you well enough to sit behind a desk and answer a phone? You should be very prepared with a GOOD answer to these types of questions. Furthermore, you could be denied disability merely on the fact that you have a lump sum in the bank.

3. If you have already filed a K-1 I do not personally agree with canceling it and filing the CR-1. It's not cheap to file the K-1 and you already started it...if money is potentially an issue for you why are you willing to waste what you have spent? I would follow through with what you started, but you can see others would disagree.

Going back to school was a bad idea, on my part. It just adding to my stress and anxiety greatly and now I have to drop the classes I signed up for. I'm just going to go through with the K-1 visa and I be with her at the interview and if we fall short there I will have to marry my love there and file the CR-1. I really need her now for her love and emotional support. But I know she will get here when God wants her here.. Thanks for the advice!!!!

[JimVaPhuong 4,863]

For those who say the OP doesn't need the added stress, many psychiatrists have noted that patients with depression and anxiety disorders often experience a dramatic improvement in their conditions when they enter into a stable and happy relationship. Their use of medication often goes down, and their level of functioning improves. Conversely, an unstable and unhappy relationship can have the opposite effect. Much of the stress involved in a relationship with a foreigner comes from the US government's visa process, and not from the relationship.

Clinton76, have you seen a gastroenterologist about your IBS? I know somebody who was diagnosed with a severe anxiety disorder, and later diagnosed with IBS. Years later, a colonoscopy revealed she had Crohn's disease, rather than IBS. She'd only had a sigmoidoscopy when she was diagnosed with IBS, so they never saw the lesions caused by the Crohn's - they only saw the spasms in the sigmoid colon, which they incorrectly concluded were caused by IBS. Once treatment for the Crohn's began, the anxiety symptoms decreased dramatically. A malfunctioning colon can introduce toxins in your blood that won't show up in a standard blood chemistry or CBC test. These toxins can affect your brain. Doctor's like to fall back on a diagnosis of mental illness when superficial tests don't reveal any physical disorder. Anyway, it's always a good idea to exhaust every possibility before accepting a diagnosis as fact. Doctors are the same as lawyers, and you'll get the best results from either if you are an actively involved client.

Technically, if you have more than $2000 in countable assets, then you are not eligible for SSD, which is a needs-based benefit.

[victorious 0]

I haven't been able to work full time since July of 2006, because of severe depession, anxiety and IBS..I have tried to go back to work a couple times since, but i couldn't handle it. After I quit my job after 10 years of working in 2006, I went temporary disability, that ran out in Aug of 2007 and I have also filed for pernament disability and after over 3 years of waiting, I'm now waiting for a hearing, which should happen sometime in march of this year. I have plenty of doucumentation to show my disability's, but my main worry is because i have yet to recieve any disability benifits for now, I have no income to support my fiancee!!! I do have plenty of saving after selling my house last year, but i hear you have to have at least 100,000 dollars for that to work. I have made attemts to find work here over the last couple of months since i filed our petition in december, but the unemployment rate here is about 25 percent, so I've had no luck. So, I decided to go back to school as of this year full time and get my certificate in Medical billing. My sister is going to co-sponser, but I know its up to the embassy to decide if they want to except them or not. So, my first question is does my fiancee have a chance of getting apporoved, since i have no income right now, but am going to school full time??

Also I would like to attend her interview if I can and would that help our case?

Please any advice on this would help wheather its good or bad? cause I just stressing out about everything, cause that's what I do and worry way too much also!!!

Hi Clint! If you filed already then just wait on what the USCIS reply. But I also wants to share my experience with my Fiance who have nothing financially nor properties but He is able to bring me here in US. But through his parents co sponsorship I'm here. He just graduated from college in Year 2007 and decided to file the next yr. He only have at least 2K in his bank account and in your case obviously you have more money. But I guess what really matter is the proof of relationship. And also when he filed for my K1 he hired a lawyer. My fiance's been coming back and forth in the Phils since 2004 till 2009 doing missions in my church. But we became a couple on '05 and engaged in '07. I hope you have enough evidence to prove your relationship with her. If you do then in my opinion there is a chance.

I will message you the evidence we sent. It may help more if you haven't filed yet. ^^ I'm not a lawyer but your situation and my fiance ( husband ) where close.

And if you can hire a lawyer please do and if you got approved much better if your with her during the interview. The CO may ask you to be with your fiance during the interview or not. At least your there coz its also a plus during the interview. Your fiancee can tell the CO that your there with her. That is what we did before.^^ like I said seriousness and honesty of the relationship is more important.