Need input of K1 petition aka I130

[jeffreymirasol 0]

I am a USC whos planning to marry my GF of 2 years whos living in the Philippines at the end of this Month (FEB) and is planning to file a i130 or K3 visa and would like to know if I can do this right away once I receive the marriage certificate from the Philippines from her.We were living together when I was in Philippines for 9 months then visited her again recently for another 1 week to celebrate an early 2nd year anniversary,I just came back from the Philippines and have decided to marry her and puruse this path.I have additional questions that maybe you guys can answer me and a generous thanks to the ones who will reply

1. We were renting on behalf of her name the whole time I stayed in Philippines and not exactly sure If I can provide proof of lease that we were living in the same roof for the duration

2. I was working in Philippines for 9 months also and wasnt able to open a joint account since it was on a direct deposit account with a debit card provided by the company

3. I was able to get a lot of our photos together dated and all locations remembered

4. My employment track record is not on the good side and did not meet poverty guidelines and would like to use my Aunt ( godmother ) as a sponsor , she works for the state and has been in good standing for years on her job, My W2'gross incomes for 2009 is around 15,000 USD,2010 is around , 5,000 USD, and 2011 is around 7,000 USD this is due to the fact that the salary overseas is not high and I had a part time job that is not on the very secure side.I have now established a new full time job that pays well and is consistent on the hours

Thank you again for the help may you guys have a good day.

[Imagination 15]

I-130 leads to IR-1/CR-1 spouse visa. If you would like to file for K-3, you can file that after you have filed you I-130 by filing for I-129F (for K-3)

What you have stated above, are not questions but statements. If I understand correctly, you are thinking about proving bona fide marriage to the USCIS and the docs you would need.

Lease or joint account is not a requirement. You can find something else to prove bona fide marriage.

Evidence of a Bonifide Marriage

The USCIS now requires that when filing an I-130 for a spouse that you include evidence of a bonifide marriage. They list examples of acceptable evidence as:

1. Documentation showing joint ownership or property; or

2. A lease showing joint tenancy of a common residence; or

3. Documentation showing co-mingling of financial resources; or

4. Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5. Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6. Any other relevant documentation to establish that thereis an ongoing marital union.

You can find some of your answers on this link as well: http://www.visajourney.com/forums/topic/158549-proof-of-bonafide-marriage-initial-evidence-of-form-i-130/

Notice the "OR" between each example. You don't need ALL of that, but as much as you can get. You can have some other proof as well that you might want to use.

hope this helps!

As long as you have a good co-sponsor, you don't need to worry about your income.

[jeffreymirasol 0]

Thanks imagination for the fast reply! It was such a relief to hear from an experienced member here. We are planning on getting married on the end of the month february ,So Im planning to go back again to Philippines and do it over at the local judicial office in their province since thats her hometown.If I understand this correctly you would like to me File an I129F form? but pertaining her as my Spouse? and follow up by a I130 form? or vice versa by filing an I130 then by a I129F? as I read the instructions from the checklist here http://www.visajourney.com/content/k3guide it states that I do the I130 first. thank you again

[Imagination 15]

You file I-130 first. After you receive your first Notice of Approval (NOA1), you can file for K-3 visa using I-129F application (Include a copy of NOA1 of I-130, when you file I-129f)

[pushbrk 13,033]

You file I-130 first. After you receive your first Notice of Approval (NOA1), you can file for K-3 visa using I-129F application (Include a copy of NOA1 of I-130, when you file I-129f)

He COULD follow the I-130 filing by filing the I-129F but it would just slow down the CR1 visa process. K3 visas have not been issued except in very rare circumstances, for at least two years and haven't saved any significant time uniting families for six years. Lots of out of date information out there.

To the OP. Your sponsorship issues will not come up until several months after you file the I-130. No financial documentation is filed with the petition. If possible for you, you have those several months to get a job or better job.

Click on the word "Guides" at the top of any page here and follow the CR1/IR1 visa guide.

[jeffreymirasol 0]

Thanks pushbrk for your insight im also wondering if you are familiar with a document called "Certificate of Legal Capacity to Contract Marriage" that I researched and found out was needed when I get back home to marry her.The thing is that I myself possess a dual citizenship status from Philippines and USA (went thru naturalization first then files for philippine citizenship after)and wondering if I can skip this process since it only pertains to non-Philippine citizens from what I have read.

[sjr09 155]

Thanks pushbrk for your insight im also wondering if you are familiar with a document called "Certificate of Legal Capacity to Contract Marriage" that I researched and found out was needed when I get back home to marry her.The thing is that I myself possess a dual citizenship status from Philippines and USA (went thru naturalization first then files for philippine citizenship after)and wondering if I can skip this process since it only pertains to non-Philippine citizens from what I have read.

The Philippine Government requires foreigners who wish to marry in the Philippines to obtain from the U.S. Embassy a “Certificate of Legal Capacity to Contract Marriage”

[jeffreymirasol 0]

Thanks for the reply sjr09 so you are saying that eventho I possess a dual-citizenship from both Philippines and USA would still require this certificate?

[sjr09 155]

Thanks for the reply sjr09 so you are saying that eventho I possess a dual-citizenship from both Philippines and USA would still require this certificate?

No I'm not saying you need it! The key word is 'foreigners' If you possess PI citizenship then your not a foreigner. You are citizen of the PI and the US.( two different countries simultaneously), if you have questions related to your Philippine Citizenship, submit your question to Philippine Embassy or Consulate for the most accurate information.

Edited February 19, 2012 by sjr09

[jeffreymirasol 0]

thanks sjr09 for the fast response and will definitely keep this in mind