want to petition kids dad in philippines

[caligurl143 0]

Hi, i was married to USC and just got divorced . I have two kids 4 and 7 , my kids dad is filipino . my kids dad has sister here in usa and we are currently living with her. I am currently not working since i have to take care of my kids. My kids dad is still in philippines and we want to be together again. We are planning to get marry in Phils when we go back and apply for spousal visa. my question is , since i have no work, can his sister be a co sponsor ?his sister is USC and making enough money since she is engineer.

thank you

[JayJayH 546]

Yes. That is fully possible. Whether it is probable will depend on your circumstances.

Do you have a 10 year green card yet, or do you still have the 2 year green card? Or are you a citizen?

Keep in mind that USCIS and consular officers are very suspicious of these kinds of cases - especially if you recently just got divorced. Your burden of proof may be high to show that your first marriage was bona fide.

Also, I'm not sure about Philippine law on this subject, but you cannot get a divorce there correct? And thus not get re-married? Someone else will chime in on that.

Edited November 12, 2013 by Yang-Ja

[Hypnos 6,576]

Yes, his sister can petition him if she is a US citizen; the wait will be around 23 years.

As a green card holder you cannot petition anyone unless you marry them.

Edited November 12, 2013 by Hypnos

[caligurl143 0]

hi, yes i am US citizen now. My first merriage was here in california and my status in philippines is still single. I dont know if I need to wait longer before filing petition to my kids dad. Kinda confused

Yes, his sister can petition him if she is a US citizen; the wait will be around 23 years.

As a green card holder you cannot petition anyone unless you marry them.

[caligurl143 0]

hi, i am Citizen now, im planning to petition him but currently not working , so was wondering if I can petition him and his sister can co sponsor since her sister has stable job and me and kids are living with her now.

[Hypnos 6,576]

You could file for a fiancé visa by using an I-129F, but if he isn't single in the Philippines then that won't work.

[caligurl143 0]

You could file for a fiancé visa by using an I-129F, but if he isn't single in the Philippines then that won't work.[/quote

hi my friend, he is still single in philippines.he never married after we separated .

[Hypnos 6,576]

Then yes, you can marry in the Philippines and then petition him. His sister already in the US would be able to co-sponsor him.

As stated above, you should expect additional scrutiny of your case due to the circumstances of how you acquired US citizenship.

Edited November 12, 2013 by Hypnos

[Darnell 8,478]

plus the scrutiny of him being the kids father with an immigration based on marriage to a uscitizen,

it all reads as 'full circle' with intent to re-unite. Sure, years have passed, but the intent will be read.

[JayJayH 546]

plus the scrutiny of him being the kids father with an immigration based on marriage to a uscitizen,

it all reads as 'full circle' with intent to re-unite. Sure, years have passed, but the intent will be read.

Exactly. They scrutinize these cases very closely. In their eyes it looks like you wanted to live in the US with your boyfriend and kids, so you married an American, waited til you got your GC/citizenship, then got divorced to file for your ex. I'm not saying that was your intent, I'm saying that's how they will look at it until satisfied that your marriage to the USC was in good faith.

[apple21 953]

hi, yes i am US citizen now. My first merriage was here in california and my status in philippines is still single. I dont know if I need to wait longer before filing petition to my kids dad. Kinda confused

When did you become an LPR (the "resident since" date on your GC)?

You cannot file i-130 if 5 years have not passed since you became LPR by marriage to your ex-USC husband/petitioner.

Source: http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

[apple21 953]

And yes, I agree that your case will be scrutinized especially by US Embassy Manila (if it ever reaches that far).

Thru the consul's eyes, you have the burden to prove that you entered your first marriage in good faith:

1. Pinoy guy has a USC sister living and working in the US. Sibling petitions for Philippines takes 24 years to complete so filing this is fruitless.

2. You meet a USC guy who's willing to marry you.

3. You immigrate to the US (via K1 filed by USC guy perhaps???) and marry.

4. Pinoy guy "patiently" waits in the Philippines.

5. You get your GC and US citizenship then file divorce.

6. You marry Pinoy guy. While you're unemployed, Pinoy guy's USC sister comes to the rescue as joint sponsor for the affidavit of support.

7. Pinoy guy gets visa and GC and you all live happily ever after in the US.

This is how it will look to the consul. I'm not saying that's what happened but be prepared nonetheless.

[TBoneTX 45,498]

*** Thread moved from K-3 Process forum to General Immigration Discussion -- not a K-3 process issue. ***

[F2aSonofLPR 15]

Hi, i was married to USC and just got divorced . I have two kids 4 and 7 , my kids dad is filipino . my kids dad has sister here in usa and we are currently living with her. I am currently not working since i have to take care of my kids. My kids dad is still in philippines and we want to be together again. We are planning to get marry in Phils when we go back and apply for spousal visa. my question is , since i have no work, can his sister be a co sponsor ?his sister is USC and making enough money since she is engineer.

thank you

I am not here to judge you, but based on your younger kids age, you have not been a permanent resident for 5 yrs. To avoid scrutiny, I would wait until that time comes then marry your kids Dad.

Edited November 13, 2013 by F2aSonofLPR

[Cathi 5,771]

I am not here to judge you, but based on your younger kids age, you have not been a permanent resident for 5 yrs. To avoid scrutiny, I would wait until that time comes then marry your kids Dad.

She is a citizen