Starting our k1 adventure

[karlvindivine28 0]

Hi i would just like to ask some questions to know if K1 visa is the one we needed and does this affects our petition. questions are in bullet form:

1. The petitioner was born in saipan so she gained us citizenship her parents are both Filipino when she was 5 they went back to the Philippines they live in here until she was 20 because she studied in here due to cheaper tuition fee.

2. She went to Guam with her aunt last October 2012 so she stayed in there in less than a year is k1 petition applicable?

3. We do have a son that is 2 y.o now and live in for almost 3 years we did not yet marry because a change of surname might add complications on arranging her papers to go back to the U.S

4. She is just new with her job is co-sponsorship honored in the philippine embassy?

5. She was only 20 y.o and i am 22.

your answers would be a great help for us. Big thanks!

[Alaska2012 462]

The K1 is applicable if you are engaged and intend to marry.

Have you registered your son as a USC?

Co sponsorship can be hard in the Philippines, at least that is what I've understood after reading many posts on here.

Try and post these questions in the regional forum, I'm sure you will get tons of help there!

[TBoneTX 46,277]

*** Thread moved from K-1 Process forum to General Immigration Discussion -- OP is deciding on a visa path. ***

[karlvindivine28 0]

The K1 is applicable if you are engaged and intend to marry.

Have you registered your son as a USC?

Co sponsorship can be hard in the Philippines, at least that is what I've understood after reading many posts on here.

Try and post these questions in the regional forum, I'm sure you will get tons of help there!

how can i post it on regional forum? having a hard time.

[Alaska2012 462]

Click on forum, then scroll down to regional discussions. There you will find "your" country. When posting there you will for sure get a lot of good advice.

[karlvindivine28 0]

Hi i would just like to ask some questions to know if K1 visa is the one we needed and does this affects our petition. questions are in bullet form:

1. The petitioner was born in saipan so she gained us citizenship her parents are both Filipino when she was 5 they went back to the Philippines they live in here until she was 20 because she studied in here due to cheaper tuition fee.

2. She went to Guam with her aunt last October 2012 so she stayed in there in less than a year is k1 petition applicable?

3. We do have a son that is 2 y.o now and live in for almost 3 years we did not yet marry because a change of surname might add complications on arranging her papers to go back to the U.S

4. She is just new with her job is co-sponsorship honored in the philippine embassy?

5. She was only 20 y.o and i am 22.

your answers would be a great help for us. Big thanks!

[TBoneTX 46,277]

*** Transferring thread from General Immigration Discussion to Philippines regional forum as a secondarily appropriate destination forum.

[Hagrid 22]

Hi i would just like to ask some questions to know if K1 visa is the one we needed and does this affects our petition. questions are in bullet form:

1. The petitioner was born in saipan so she gained us citizenship her parents are both Filipino when she was 5 they went back to the Philippines they live in here until she was 20 because she studied in here due to cheaper tuition fee.

No problem with that, she is a US citizen so she can file i129f for foreign fiance (when this petition is approved, you apply for the k1 visa).

2. She went to Guam with her aunt last October 2012 so she stayed in there in less than a year is k1 petition applicable?

Yes, she could even file being outside the states living with you in your home country, so that's not a problem. She just need a mailing address where she lives if she has a steady place or just her parents it's more reliable because if she moves she might miss some important mail from uscis in case the address update is not processed right away. Also a co sponsor is important if she doesn't have enough income.

3. We do have a son that is 2 y.o now and live in for almost 3 years we did not yet marry because a change of surname might add complications on arranging her papers to go back to the U.S

As you are not married and if you were married before to someone else but then divorced, you are good to go. Do not get married until you get the k1 visa and are here in the usa. If you get the visa and marry abroad you will need to reapply for a spousal visa.

4. She is just new with her job is co-sponsorship honored in the philippine embassy?

Well the i129f petition is approved here in the states by the uscis, then the case goes to the national visa center and then forwarded to the foreign country embassy or consulate. So if her job is here in the usa, it's steady and she has enough income, it will be ok. My wife didn't have enough income so my parents in law were co-sponsors for the application.

5. She was only 20 y.o and i am 22.

Age doesn't really matter as long as you both are 18 or older.

Also remember to file for your child so you get a k2 for him/her when you get your k1.

Another thing, maybe you could get married in philipinas and apply for a spousal visa instead which is easier when you arrive here. That's because when you come on k1 you need to adjust status once here once married and that is about 1070 US plus shipping plus i693 vaccine transcription, so it's more money and also you will need to wait until you get a work permit to start working so it's like 2 or 3 months without working. I say this because this is what we are through right now my wife, she's supporting both of us and it's kind of hard we need to cut off a lot on expenses for now until my employment authorization card comes. We are blessed of having the help of my in-laws (her parents) but still.

So you could instead go for the cr1 visa (spousal visa, not k3 ok? ) after getting married and once you come here you wait for your gc to come in the mail and it takes just about a month, sometimes more and some people get a stamp so they can work in the meantime.

Hope my answer helps you and good luck on your journey! you aren't alone

Edited January 20, 2013 by Juan L

[Hank_ 9,174]

Hi i would just like to ask some questions to know if K1 visa is the one we needed and does this affects our petition. questions are in bullet form:

1. The petitioner was born in saipan so she gained us citizenship her parents are both Filipino when she was 5 they went back to the Philippines they live in here until she was 20 because she studied in here due to cheaper tuition fee.

No problem with that, she is a US citizen so she can file i129f for foreign fiance (when this petition is approved, you apply for the k1 visa).

2. She went to Guam with her aunt last October 2012 so she stayed in there in less than a year is k1 petition applicable?

Yes, she could even file being outside the states living with you in your home country, so that's not a problem. She just need a mailing address where she lives if she has a steady place or just her parents it's more reliable because if she moves she might miss some important mail from uscis in case the address update is not processed right away. Also a co sponsor is important if she doesn't have enough income.

3. We do have a son that is 2 y.o now and live in for almost 3 years we did not yet marry because a change of surname might add complications on arranging her papers to go back to the U.S

As you are not married and if you were married before to someone else but then divorced, you are good to go. Do not get married until you get the k1 visa and are here in the usa. If you get the visa and marry abroad you will need to reapply for a spousal visa.

4. She is just new with her job is co-sponsorship honored in the philippine embassy?

Well the i129f petition is approved here in the states by the uscis, then the case goes to the national visa center and then forwarded to the foreign country embassy or consulate. So if her job is here in the usa, it's steady and she has enough income, it will be ok. My wife didn't have enough income so my parents in law were co-sponsors for the application.

5. She was only 20 y.o and i am 22.

Age doesn't really matter as long as you both are 18 or older.

Also remember to file for your child so you get a k2 for him/her when you get your k1. :bonk: Child is USC, the mother is USC...

Another thing, maybe you could get married in philipinas and apply for a spousal visa instead which is easier when you arrive here. That's because when you come on k1 you need to adjust status once here once married and that is about 1070 US plus shipping plus i693 vaccine transcription, so it's more money and also you will need to wait until you get a work permit to start working so it's like 2 or 3 months without working. I say this because this is what we are through right now my wife, she's supporting both of us and it's kind of hard we need to cut off a lot on expenses for now until my employment authorization card comes. We are blessed of having the help of my in-laws (her parents) but still.

So you could instead go for the cr1 visa (spousal visa, not k3 ok? ) after getting married and once you come here you wait for your gc to come in the mail and it takes just about a month, sometimes more and some people get a stamp so they can work in the meantime.

Hope my answer helps you and good luck on your journey! you aren't alone

Edited January 20, 2013 by Hank_

[Hank_ 9,174]

Hi i would just like to ask some questions to know if K1 visa is the one we needed and does this affects our petition. questions are in bullet form:

1. The petitioner was born in saipan so she gained us citizenship her parents are both Filipino when she was 5 they went back to the Philippines they live in here until she was 20 because she studied in here due to cheaper tuition fee.

2. She went to Guam with her aunt last October 2012 so she stayed in there in less than a year is k1 petition applicable? No issue doing the K-1, but if she is there in the Phils now and you are considering using a co-sponsor its much easier to go with the IR/CR-1 visal.

3. We do have a son that is 2 y.o now and live in for almost 3 years we did not yet marry because a change of surname might add complications on arranging her papers to go back to the U.S. Change in surname is not a big issue, simply means a trip to the embassy to get her passport updated. Does your son have your last name already on his birth certificate? I am guessing he has a passport already with the traveling to Guam and back (or did he not go?), if not being a USC he only needs a passport and that can be handled at the embassy also.

4. She is just new with her job is co-sponsorship honored in the philippine embassy? USEM does not always accept co-sponsors with the K-1 visa, but has to accept a co-sponsor with the IR/CR-1 visa. If you are both in the Phils currently that would be the better option.

5. She was only 20 y.o and i am 22. No issue there, she only needs to be 18 for the visa process. There are some requirements for you being under 25 for the marriage process (and CFO, even if you go the K-1 route) - need parental approval letter.

your answers would be a great help for us. Big thanks!

Edited January 20, 2013 by Hank_

[Penguin_ie 5,997]

** two identical topics merged. Please do not post more than once on an issue/ question ****

[Hagrid 22]

I'm not a guesser and when I answered there were no more posts so there was no way for me to magically guess that the kid was USC. :hehe:

Edited January 20, 2013 by Juan L

[Hagrid 22]

What I actually thought was that the kid was of yours only not hers too for some reason Idk I know you said "we have" which makes it obvious lol I just didn't think about it so just assumed it was just your kid and the USC your fiance wants to bring you both here, does it make sense? anyways my answer helped right?

Edited January 20, 2013 by Juan L

[Hank_ 9,174]

I'm not a guesser and when I answered there were no more posts so there was no way for me to magically guess that the kid was USC. :hehe:

Very first post, item 3. "we do have a son...", no guessing as the mother is a USC so the son is automatically a USC

[Hagrid 22]

Very first post, item 3. "we do have a son...", no guessing as the mother is a USC so the son is automatically a USC

Yes that is what I said right after let me make it easy for you, copy and paste:

What I actually thought was that the kid was of yours only not hers too for some reason Idk I know you said "we have" which makes it obvious lol I just didn't think about it so just assumed it was just your kid and the USC your fiance wants to bring you both here, does it make sense? anyways my answer helped right?

Read first, then complain.

Also you should know that not always when one of the parents is USC, their children are USC automatically. I have friends who have parents that are USC but they never registered them or whatever they gotta do with the US government (when born abroad) for that and THEY ARE NOT USC, you should know that smarty pants. Also a friend whose mom is Spaniard, she isn't spaniard. Specially when the kid is born abroad. So no, it does not automatically. And the part I copied and pasted, hope you read it clearly states: I thought the kid was of yours only for some reason even though you said we have, that means that I probably avoided that? so why the complaining? if you do not have anything constructive to say, don't say it.

Edited January 20, 2013 by Juan L