K-1 Visa Has Transferred to the NVC

[DemonSlayerz 0]

Hi there,

First off I would like to say hello to everyone for welcoming me to such a friendly board where information about visa's can be discussed quickly and easily & shared among friends and people who have gone through similar experiences I sure my fiancee and I are currently going through.

Before I can go into my question, let me explain the situation.

I am 20 years old, & upon filing for a K-1 Visa (which has been approved by the USCIS and sent to the NVC for processing) I did not realize that the US Embassy located in Manila, Philippines did NOT accept cosponsors for K-1 visa's... Upon hearing this information, I became extremely worried because, I have been out of work for some time & until recently have just obtained a job (I've been working for about 2 months now). So I assumed that since I wasn't making enough anally to please the government's standards, I would just have a cosponsor for my visa and everything would be perfect ~ wrong.

Turns out that, while my parents COULD cosponsor my fiancee during this process, they are not allowed to due to their SSI being a great portion of their income ~ and as we all know, the government doesn't recognize SSI as a 'stable source of income'.

So here I am, stuck between a rock and a hard place... & having searched up visa's with my fiancee Faith, I came across 2 particular visa's which I couldn't help but wonder if they would be faster in processing than the K-1 visa we are currently on.

These visa's are the K-2, & the CR1 visa.

I'm curious (and I will ask more questions when people respond and ask me questions that I can direct my answers towards) if any of these visa's would be faster in processing & obtaining with a cosponsor (if that's even allowed, please tell!) than waiting another year & a half to find work, maintain a job for 1 year so that I can give the US Embassy in Manila my tax form & show that I make enough money to support my bride & to care for her ~ so that she won't become a burden to the states.

The reason why I am looking for the fastest way to bring her over here to America is because I have a 6 year old brother who is terminal and it is unknown how much longer he will be with us on this earth... So, while I know this may sound silly, I am looking up & asking for any information anyone could give me ~ personal testimonies, suggestions, anything that would help.

1. Do either the K-3 or CR1 visa allow cosponsors? If so, what are the requirements for these cosponsors, & do they have to pay anything to BE a cosponsor (or can I cover those fees myself)?

2. Do these visa's (either of them) take a year to process? Because, while we have form I-129F filled out, would attempting to switch visa's make the process we are currently facing even harder right now? If so, please do tell and explain.

I ask these questions even more because my fiancee is in an emotionally abusive situation at home. She is constantly insulted and ridiculed by her family & those who are constantly surrounding her, and I want nothing more than to get her out of there & to bring her safely home into a family that will love, cherish, comfort, and care for her the way God intended a family to!

As I have said previously, so I repeat again now, I do not currently hold a job that is above the current poverty guidelines... so I'm wondering, will this discredit me from getting her over here at all until I get a job? Or is there some way around this ~ point being, can my fiancee STILL come here to be my wife even if I do not hold a job? Will a cosponsor accomplish what I am asking?

I appreciate your help & thank you for taking the time to read these questions of mine. =)

Oh, and I apologize if this is in the wrong section of the forum. I didn't know where to post and thought that this would be a good place to start ~ if it's wrong, please forgive me & let me know where you will move the post to. Much obliged!

Sincerely, Adam

[TnJ 131]

Hey Adam.

First, welcome to the forums. You certainly do have a lot of questions, and I will try to give some feedback here. Where to start? Sorry about your brother and the situation your fiancee is in. I know it has to be tough. First, you say your I-129F is approved and on the way to Manila? It is more or less 50/50 with cosponsors in Manila. There is no guarantee either way but shouldn't be ruled out because a possibility always remains. If you want to learn more about the spousal visa (IR-1/CR-1), I suggest starting with the guides here: http://www.visajourney.com/content/i130guide1 and posting questions concerning this visa in the IR-1/CR-1(spousal) forum. This wiki might help as well: http://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas If you decide to disregard your approved I-129F and not follow through with the K-1, you need to cancel the petition before starting another such as the spousal visa. The K-3 is obsolete now from what the VJ community is saying. For cosponsors, there is no additional fees for them to pay, and they can be used for the IR-1/CR-1 visa. The form would be I-864 though. They only need to prove the same requirements that a sponsor would. That is their income must be above the 125% poverty line for their household including you two. I can't tell you what is best for you. However, the spousal visa might be a good option. Keep in mind that it would require you to go and stay in the Philippines for a lengthy amount of time. I researched it when I was weighing my options too. The Philippines does marriage a bit different than we do in the US and being a foreign groom would not speed the process. It takes time to gather important documents before even a civil arrangement could be made. Just some things to consider. I hope I have shed a little light, and I hope some others can give perspective into you matters. I see you have many concerns, and it can get frustrating. Hang in there, be patient with your inquiries, and bump this thread up if you need to because there are very knowledgeable people on here at all hours of the day. Good luck on your journey!

Edited August 8, 2012 by ToddnJessa

[DemonSlayerz 0]

Thank you for your quick response, ToddnJessa. I really appreciate all the information you gave me & a few things you've left me to ponder. =)

I still do have a few questions though, if you wouldn't mind answering them for me? Is there any way my fiancee & I can know for sure that the US Embassy in Manila will accept a cosponsor? If so, then I'd LOVE to move forward with our current K-1 Visa for the reason being that it took over 5 months to get it started & processed with USCIS, and I really (if possible) would like to avoid restarting the process and the timer all over again. =)

I know that the CR1 Visa could work for us, but if it's going to take just as long as the current wait for the K-1 Visa (that being I have to hold a job stable for 1 year), then I really don't want to waste the time & money attempting to start a different visa.

Another thing, I realized after reading up on the K-3 visa (though I know the K-3 & CR1 are different, they carry some similarities) that one would need bullet-proof evidence in order to prove the marriage, reasons for marriage, residency for the past 2 years (my fiancee that is), and so on and so forth... The requested evidence which the consulate might not even read through at the interview is overwhelming... & if the K-1 visa would be fastest, I would LOVE to stick with this...

All of this is just really stressful... I want to go be with my fiancee, but am worried that she won't be able to see my baby brother if she doesn't come over here this year... if it's not possible to get her over here this year... *sigh* She has tried to get a Visitors visa but was denied back in 2011 for having too many 'transferable traits', due to studying nursing through her recent years... So there's no way (that I can see) her coming here more quickly than through a K-1 visa (or a CR1).

Please forgive me if I am rambling and just repeating myself over and over again. I'm just really stressed about everything ~ especially whether she will be able to get out of that terrible household as well as being able to see my brother... It's all just very stressful, but that is why I am here. To glean what helpful information I can from people who have shared similar walks to mine; and have succeeded through the stress and trials of it all. =)

Thanks for your help, ToddnJessa. I really appreciate all the information you have shared with me. I'd be even more appreciative if you could shed some light on these questions I have in this post as well; whatever you can answer, thanks in advance! And God bless you & your wife through the coming days ~ praying He brings you two together soon.

~Adam

[TnJ 131]

I don't really think there is a way to know for sure if they would accept a cosponsor being that all cases are different. I don't know if it would help, but you could try reaching USEM and inquiring about that. From what I have read from others, it seems that they are more willing to accept a cosponsor if it is an immediate relative. Also, they seem to be more willing in the case of a spousal visa rather than a fiancee visa.

What is your current income? The requirement is not that you have held a job for so many years, but that you can provide evidence that your current income would suffice. You could have gotten a job a couple of months ago, and you would meet the requirement if that job would provide a projected annual income over the 125% limit. Granted, tax returns show previous income and stability over time. This can strengthen a case, but it does not show current income alone. This is why other things such as employer letters, pay stubs, and bank statements come in.

Aside from the marriage part, most members here say the IR-1/CR-1 is less of a hassle in the long run compared to the K-1. It is tough to say what I would do in your shoes, and I still don't know exactly what your income is. On one hand, you have your case being forwarded to the embassy. You could take your chances to see what happens, but you could lose application fee, medical fee, hotel fee and any other fees just getting your fiancee to Manila if she should be denied. On the other hand, if you did decide to go the IR-1/CR-1 route, it would give you time to find a second job and/or cosponsor if you fall below the limit. However, you would delay being together. Of course, you would be together again for a lengthy time for the marriage.

I know how personal circumstances can make matters worse. Whatever path we choose in all this, we all have to endure some levels of patience and perseverance. I was really hoping some others might shed light or experience here because I know they are here. I am really at a loss as to what to tell you at this moment, but I'll keep in touch. God bless you too.

Edited August 9, 2012 by ToddnJessa

[DemonSlayerz 0]

Once again, thanks for a super quick response, Todd. =)

To answer your question, I only make $240 a month for respite care for my littlest sister who has Downsyndrome (hence why I realize I do NOT make enough to even qualify as an affidavit of support). I have been searching for jobs for months, but have failed to find one & have not been successful in the slightest. -.-

Anyway, from everything you have told me, I have been able to glean that I will either need a job & have to have held it for some time (like a few months or so) before we can continue with the visa process. Or I will need to start the CR1 visa process & have an cosponsor (would a friend count?) to help assist through the entire process...

Thank you for taking the time to write out these useful facts for me, I really appreciate it. Right now, my fiancee and I are both struggling with stress & we are tired of all the 'red tape' one has to go through just to be together. We both love each other very much, & the LORD is using these moments to build patience in us (did I say that I loathe patience yet? XD). Anyway, thanks again for all of your help. I'll post again if anything else comes to my mind.

OH ~ before I do hit send, I have one more question: Would holding a job (as suggested above) for a few months (2-3) be enough to prove that I have a stable income? Would working longer help my case out more? If so, I think I just might have to wait until I have held a job for a full year before I get to marry her ~ which would suck, but, God would help us through it all.

Thanks again, Todd! =) You've been a real help!

~Adam

[DemonSlayerz 0]

Wow, I wish after reading up on the I-130 form I had a edit button for my previous post. Anyway though, after much research ~ with my family members in on the conversation, I have come to see that pursuing the CR1 visa would only serve to increase the length of time my fiancee and I would have to wait before she could travel here to the US. It strictly says in form I-130: "You prove by clear and convicning evidence that the marriage is legally valid where it took place, and that you and your husband or wife married in good faith and not for the purpose of procuring the admission of your husband or wife as an immigrant, and that no fee or any other consideration (other than appropriate attorney fees) was given for your filing of this petition; OR your husband or wife has lived outside the United States, after the marriage, for a period of at least 2 years."

After reading this, I realize now that it's better to have to wait a year to be together, than to push forward and have to wait two years. =) My only question which remains is whether or not the US Embassy in Manila would accept my pay stubs over a period of a few months as proof of my stable income ~ without having to wait for an entire year to then retrieve my tax return. If someone has personal experience in this area, like if they had previously been laid off of work and had only maintained a job for a few months before their spouses initial interview at the US Embassy (in Manila), and the US Embassy accepted this without hassle, that would be great to hear! And I would VERY much love to hear their personal testimonies!

Whatever the case though, thank you Todd for all of your helpful information! You not only made me pursue information concerning the CR1 & K-1 visa even more, but answered MANY questions I had in my mind and on my heart. Thanks again, and God bless!

~Adam