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Filed: Country: Philippines
Timeline
Posted

Hi to all, im new here. I need some help.. My american husband and I are planning to file IR-1, we have 2 years old son. The thing is, he is not capable of getting the two household (me and my son) at the same time... We found out that his annual income is not suit/below the poverty level/line for three household (petitioner, me and our son) .. So we are thinking and planning to leave our son here(phils) and to get him sooner. My questions are;

1. What kind of visa do we need to apply than?

2. Does the consulate or the reviewer will question us for leaving our son here in manila?

Thank you! ...hoping anyone can answer/help us! ...

Filed: Citizen (apr) Country: Canada
Timeline
Posted

Why doesn't he just get a co-sponsor? then you both can come. Manila allows that for spousal visas.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

Filed: Country:
Timeline
Posted

Wait a minute, if the son is a US Citizen then he doesn't need a Visa to come to the US.

Also in this case I doubt you could simply not mention the child for the Affidavit of Support as you will both be providing support for the child so your household size will still be 3.

Has he looked into getting a Co-sponsor?

Posted

Wait a minute, if the son is a US Citizen then he doesn't need a Visa to come to the US.

Also in this case I doubt you could simply not mention the child for the Affidavit of Support as you will both be providing support for the child so your household size will still be 3.

Has he looked into getting a Co-sponsor?

My thoughts exactly on this. How can he not claim his son already? He should be reporting the birth abroad for his son and getting his son's passport. I have a hard time seeing them ignoring a joint child in the household income size. After all, as soon as the wife comes here they can report the birth and bring over the son without a visa.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: Country: Philippines
Timeline
Posted

My thoughts exactly on this. How can he not claim his son already? He should be reporting the birth abroad for his son and getting his son's passport. I have a hard time seeing them ignoring a joint child in the household income size. After all, as soon as the wife comes here they can report the birth and bring over the son without a visa.

because we both didn't know about CRBA before... Someone explained to me about CRBA just a few months ago.. We were afraid to apply CRBA, and my IR-1, because he didn't reach the 3 household income level/line.... He only reach two, which is himself and could be me or my son.. to bring in the US ... :( ..

Filed: Country:
Timeline
Posted
because we both didn't know about CRBA before... Someone explained to me about CRBA just a few months ago.. We were afraid to apply CRBA, and my IR-1, because he didn't reach the 3 household income level/line.... He only reach two, which is himself and could be me or my son.. to bring in the US ...

Your son will be required to go through the CRBA process, USEM will not issue a visa to the child of a US Citizen without verifying that child's possible claim to US Citizenship.

If you try to hide the child from USCIS your attempt to immigrate your family will end in disaster and a possible lifetime entry ban for you.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Hi to all, im new here. I need some help.. My american husband and I are planning to file IR-1, we have 2 years old son. The thing is, he is not capable of getting the two household (me and my son) at the same time... We found out that his annual income is not suit/below the poverty level/line for three household (petitioner, me and our son) .. So we are thinking and planning to leave our son here(phils) and to get him sooner. My questions are;

1. What kind of visa do we need to apply than?

2. Does the consulate or the reviewer will question us for leaving our son here in manila?

Thank you! ...hoping anyone can answer/help us! ...

Leaving your son behind does not make sense. Even if your son does not immigrate with you, your husband must still count the child as part of his household for the I-864. His household count will always include him, his wife, and his minor child. Leaving your son behind does not solve your problem in meeting the poverty line.

There are only two solutions. Your husband can either 1) find a second job or work more to meet the 125% poverty level for a household of three or 2) find a Joint Sponsor for you.

Filed: Country: Vietnam (no flag)
Timeline
Posted

because we both didn't know about CRBA before... Someone explained to me about CRBA just a few months ago.. We were afraid to apply CRBA, and my IR-1, because he didn't reach the 3 household income level/line.... He only reach two, which is himself and could be me or my son.. to bring in the US ... :( ..

Bringing your son to the US is not the problem. US citizen father files the CRBA and apply for a US passport for his son. Son enters US on his US passport.

Meeting the 125% poverty level applies when bringing you to the US. Your husband's household count is three; him, his wife, and his son. The household count will always be three even if your son does not go the US.

If your son stays in the Philippines, and your husband petitions only for you, then his household count is still three. It is not two because your son will stay in the Philippines. The household count will be three.

Increase your husband's income or find a Joint Sponsor. Those are your only two solutions.

Posted

because we both didn't know about CRBA before... Someone explained to me about CRBA just a few months ago.. We were afraid to apply CRBA, and my IR-1, because he didn't reach the 3 household income level/line.... He only reach two, which is himself and could be me or my son.. to bring in the US ... :( ..

As Bob 4 Anna said, do not try to hide your son. Getting caught trying to lie or hide the truth can cause you big problems which could make a permanent ban for you. I understand you want to be with your husband, but it might take waiting until he has more income or can find a co-sponsor. You might as well get the CRBA completed, then see what you can do for both of you to get here. It might take waiting a little longer, but at least you won't be leaving you son behind. Or if you do choose to leave him with family until you're working here, at least you know there will be no question that he can come over any time.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

 
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