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Filed: Timeline
Posted

HI I AM FROM USA AND SHE IS FROM PHILIPPINES .I HAVE BEEN ON DISABILITY SINCE 2009 ,BUT AM GOING TO SCHOOL FOR NEW JOB SOON.I PLAN ON GOING BACK ONE MORE TIME TO FINALIZE THIS ENGAGEMENT IN MAY .I WON'T FINISH MY COLLEGE UNTIL 2012 THEN I SHOULD BE ABLE TO GET A JOB .WHAT ARE MY OPTIONS AND AFTER I DO GET JOB WHAT ABOUT PAST YEARS INCOME .ANY HELP WILL DO . THANKS

Posted

The embassy staff won't care about how much you'll make in X year or after X school. You need to be at or above 125% the poverty level for your current income at the time she goes for her interview. If not, you'll need a co-sponsor, which aren't allowed at every embassy. Good luck!

Filed: AOS (apr) Country: Philippines
Timeline
Posted

moving to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

YMMV

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

HI I AM FROM USA AND SHE IS FROM PHILIPPINES .I HAVE BEEN ON DISABILITY SINCE 2009 ,BUT AM GOING TO SCHOOL FOR NEW JOB SOON.I PLAN ON GOING BACK ONE MORE TIME TO FINALIZE THIS ENGAGEMENT IN MAY .I WON'T FINISH MY COLLEGE UNTIL 2012 THEN I SHOULD BE ABLE TO GET A JOB .WHAT ARE MY OPTIONS AND AFTER I DO GET JOB WHAT ABOUT PAST YEARS INCOME .ANY HELP WILL DO . THANKS

If you're planning on submitting a petition for a K1 visa then your options aren't very good. You'll need income which is 125% of the poverty guidelines for your household size, which includes the intending immigrant. If you don't have any dependents then you'd need income of $18,212 per year. Many consulates will accept a joint sponsor if the petitioner doesn't qualify on their own, but the US Embassy in Manila rarely accepts joint sponsors for K visas. The few occasions where they do accept a joint sponsor is if the petitioner has a very good reason for not having sufficient income, and equally good prospects for substantially improved income in the near future - a recent college graduate would be a good example. In that case, they may accept a joint sponsor who is a close family member, and who is likely to be willing to sign an I-864 after the K1 comes to the US and marries the petitioner.

Being on disability is a good reason for having a low income, but it's not good for demonstrating a strong likelihood of substantially improved income in the near future. If you had already graduated from college and were looking for a job then that might give you a shot at being accepted with a joint sponsor. Since you're still in school they're not going to presume you're going to graduate.

As max said, you have to qualify at the time of the visa interview. They do consider future earning potential, but not if you don't qualify at the time of the interview.

Another option is to marry her and file for a CR1. The Embassy in Manila doesn't have a choice for an immigrant visa - they have to accept a joint sponsor.

Is she going to nursing school in the Philippines, by any chance?

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

 
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