HELPT! k-1 visa for my fiance and k2 visa for our daughter! PLEASE HELP!

[jayne1318 1]

hi everyone! hope you could help me out and be able to answer all my questions. thank you so much in advance.

i am a US citizen by birth in guam USA from a filipino citizen parents. i have a US passport, but when i was 3months old, my parents send me to philippines with my aunties because no one will take care of me in USA because both my parents are working. so me and my brother went to the philippines with my mother. my father stayed in guam to work. but didnt also stayed long enough because he was sent to Dubai UAE to work. so i grew up in the philippines with my brother, also a US citizen by birth in guam. after a few years my mother also went to Dubai to work with my father. we, me and my brother studied in the philippines, until Grade 3, then we went also to Dubai to continue our studies and be with our parents there. after graduating High school in UAE at 2004, we went back to Philippines to study college, leaving my parents in Dubai to continue working in order to support us financially.

During my 3rd year in college (sept 2007) as BS nursing student, i met alfred, who is my fiance now. we started to have a relationship by december 2007. since then i told him that i will not stay long in the philippines because after graduating i will be going back in Dubai then USA to work as a nurse. so i wanted him to go with me in USA. i searched in the internet on what and how the visa could be applied in the future. but after graduating, we were blessed to have a baby, our daughter. but we planned not to get married first and just do it in the near future. my parents was then in the philippines because of my graduation, then they ask me to go back with them in Dubai and then from there i will go back in USA and just deliver my baby there. but because my condition as being pregnant is not that safe, when i am alrady in dubai, i was always crying because i miss my fiance who was in the philippines, i went back in philippines after 2 months in dubai instead of going in USA. my parents we're worried because we dont have immediate relatives in USA to take care of me when i deliver.

december 2009, my baby girl was born, i couldn't go to USA by that time because i need to take care first of my newborn baby girl. july 2010 my fiance went to Dubai, as requested by my parents, so that he can work to support me and my baby financially. december 29, 2010 me and my baby went to dubai to visit my fiance and my parents, february 2011 we went back to philippines because my baby visa is going to expire. july 2011 started my review in philippines for Licensure exam in California USA. october 2011 i started filing my application for licensure exam, while waiting for the result of my application i worked as data encoder in pampanga. March 2012 my fiance went to philippines for a vacation. April 26, 2012 he went back in dubai to continue his work. May 3, 2012 i decided to go to dubai to work first while waiting for the result of my application for licensure in california to be approve. now i am working in dubai since June 24, 2012. and the plan of living in USA with my fiance and our daughter is still a plan and dont know where, when and how to start it.

after the long story above. please help me...

1. me and my fiance are working in dubai, can we still file the k1 visa? our daughter is in the philippines with my aunt, can we still file for k2 visa? since i am in dubai, where can i file? is it required that i should be in USA to be able to file the k1 and k2 visa? because i read something on other forums sites that the US citizen must be in the US when filing for k1 visa for fiance.

2. the sponsors to prove that we will not be a public charge in USA. since i am working in dubai, and dont have a job in USA, meaning i cant be a sponsor? so i need to find a co-sponsor? can my parents sponsor for both of us? my fiance also have relatives in las vegas USA, can they be a co-sponsor? how many sponsors are allowed? my fiance's have 4 auntie , 1 uncle in lasvegas who are currently working there too.

3. does my fiance need to go back in philippines when i file the k1 and k2 visa? or no need? because we have US embassy in dubai and abu dhabi in UAE.

4. how about the police clearance requirement for my fiance, where will that be coming from? in the philippines? or in DUbai police station?

5. k2 visa for my daughter, will that be possible if she is in the philippines and me and my fiance are in dubai?

6. i also want to file a CRBA for my daughter to acquire US citizenship and be able to have US passport, since she was born to a US citizen mother out of wedlock. they are requiring me to have at least 1 year continouis physical presence in US before my baby is born. is there any other solution for these? because i dont have a 1 year continouis presence in US. i was only 3 months old when my parents sent me to philippines.

please.. i need help so i can start and meet my biggest dream, to live in USA with my family...

[Penguin_ie 5,994]

1. You can file a K1 for your fiance (via the USA), and he can interview in Dubai. The domicile issue will be a problem. Your daughter you need to file a I-130 immediate relative petition for, as she is the biological child of a US citizen.

2.You are still primary sponsor but yes, unless you have lots of assets will need co-sponsoirs; you can have two, one for the child and one for the fiance.

3. No, he can interview anywhere he is legally resident, same with your child, it need not even be in the same location.

4. He wil need one from Phils and any other country he's lived in longer than a year since age 16. Contact the relevant embassies to check how to get one.

5. No- see 1.

6. YOu can;t do a CRBA, becuase you don;t have the physical presence requirement. She will need a visa.

[sassy222 5]

if you are a US citizen and have a valid passport you can go and stay in US any time u wish. you do not need a co-sponsor. it is you fiancé and who need a co-sponsor. one per applicant. he can use his close relatives but philippine is tricky when it comes to co-sponsors. you can apply for you fiancé k1 and baby k2 from abroad (dubai or philippine) you need police clearance from both countries for your case.

Edited October 23, 2012 by sassy222

[apple21 953]

You can go back to the US and live there for a year. Establish a life and work so you can file K1 for your fiancee.

Return to the Philippines, file CRBA for your baby.

Edited October 23, 2012 by apple21

[Tahoma 2,292]

Here are some ideas...

You need to be domiciled in the U.S., so you should live with one of your fiancé's relatives in Las Vegas. Apply to sit for the NCLEX-RN through the State of Nevada. Once you are licensed as an RN in Nevada, get a job there as an RN. Once you have a job as an RN, you could file either a spousal petition or a fiancé petition, depending on whether you decide to marry in 'Pinas or in the U.S.

Keep in mind that you can not use your fiancé's relatives as joint sponsors. Also, you can't use your parents as joint sponsors because they are not U.S. citizens. However, you won't need a joint sponsor because you will be earning well above 125% of the poverty line for your household size.

Your fiancé does not have to go back to 'Pinas when you file a petition for him. He can interview at the U.S. Embassy in the UAE. The only reason he might want to return to 'Pinas is to get married there. However, he can return to Dubai after he gets married.

If your fiancé is living in Dubai at the time you petition him for a fiancé visa, and he has his interview there, he will need a Dubai police clearance if he's lived there more than six months. He can get a police clearance while he's living in Dubai, but I'm not sure if Dubai would issue a police clearance if your fiancé were living in 'Pinas. In that case, the U.S. Embassy Manila would waive the Dubai police clearance. I'm not sure what the rules are for a spousal visa. Also, your fiancé will need an NBI clearance from 'Pinas.

I don't know the rules about petitioning your daughter, but you may need to file an I-130.

Edited October 23, 2012 by Tahoma

[Ontarkie 14,236]

~~~~Duplicate post merged, please do not post the same topic twice it makes it easier to keep all the questions and answers in one spot. ~~~~

[jayne1318 1]

hi, thank you for all of your reply... but its not yet clear to me, do you mean i have to go back first to USA before i can file for k1 visa for my fiance? isn't it possible that we can file from dubai by sending the application to USCIS via courier, and then we can go to USA together when it is approved?

[aws&ndd 103]

Keep in mind that you can not use your fiancé's relatives as joint sponsors.

And why not? As long as they are US citizens or LPRs they should qualify as valid cosponsors.

[jayne1318 1]

And why not? As long as they are US citizens or LPRs they should qualify as valid cosponsors.

ahhhh.... so that means i could ask the relatives of my fiance in lasvegas to be our co-sponsors?

[jayne1318 1]

my visa journey with my husband is canceled. We recently separated coz i found out that he was having an affair with one girl. Now i will start figuring out how to process the US citizenship of my daughter through CRBA. Anyone has an idea? please help. i do not have a proof of 1 year physical presence in the US.

[Transborderwife 4,666]

my visa journey with my husband is canceled. We recently separated coz i found out that he was having an affair with one girl. Now i will start figuring out how to process the US citizenship of my daughter through CRBA. Anyone has an idea? please help. i do not have a proof of 1 year physical presence in the US.

Without physical presence a CRBA is unlikely

Edited June 4, 2015 by Transborderwife

[TBoneTX 45,361]

This old thread is closed; OP has new thread here:

http://www.visajourney.com/forums/topic/551655-crba-in-philippines-child-born-out-of-wedlock-to-a-us-citizen-mother-no-physical-presence-in-the-us/