K-1 or K-3 visa?

[merkin&regine 18]

I-130 does sound like it is quicker and less of a hassle...what steps would i need to get this started?

would she need to go to the states after we get married and i would just follow after we have applied for the I-130?

the only place shes staying at is a friends place in california. does she need to find her own place there or is a friends place good enough? lets just say she'll be renting out a room in the house.

would she need to go back here (Philippines) anytime during the process? for example: the interview?

the first plan was for her to leave to california and find a job, once she had found a job, she would file the k-1.

but i wanna opt the I-130 instead if its gonna be easier and less expensive.

thanks

also...is a judge wedding ok as long as there are complete document? thanks

Judge wedding in the Philippines is fine, and she doesn't have to rent a room or something but keep this in mind, you guys have 2 kids, its hard to live with friends with kids but if you friend doesn't mind. Sure.

For him to support a household size of 4 based on 2013 poverty guideline is she has to make at least $29,437, for him to support her family, otherwise, she needs to find someone else to co-sponsor(anyone who legally lives in US thats willing to sign I-864, doesn't have to be a relative) with her. This number will go up come 2014 guideline.

This is not needed during the submission of petition but its good to prepare for it.

Good luck!

[cloud9gt 0]

we only have one child btw.

so meaning to say, once we have filed for the i-130 she can go ahead and go to california and live with a friend? would that be a good enough domicile? and she would also need to look for a job as the i-130 is in the process, is that correct?

would she need to come back to the philippines for some kind of interview? or i can handle the processing myself here in the philippines?

thanks for the answers.

[cloud9gt 0]

also, in other words...shes gonna have to leave first and get settled in the states before anything else, right? I dont think there woud be a way for us to travel back as family due the fact that her parents are retired US citizens that are also staying in the philippines, meaning she would have no one to sponsor or have a proof of support.

[NikLR 13,227]

also, in other words...shes gonna have to leave first and get settled in the states before anything else, right? I dont think there woud be a way for us to travel back as family due the fact that her parents are retired US citizens that are also staying in the philippines, meaning she would have no one to sponsor or have a proof of support.

she has no other siblings or friends that are willing or able to help with the I-864?

You can ask of course but otherwise yes, she would have to travel first, find a job and have her current income = for a family of 3. For 2013 it was $24,412 but that will likely to up again in 2014 (around May is when the new guidelines come into effect.)

So that is a job (or several jobs) that equal out to $11.74/hr working 40 hours per week. I would research a few jobs before heading over. Minimum wage in California is $9/hr. The good part about California that if she was a waitress she would have to make minimum wage and then she'd get tips on top of that which would probably help. Just a thought for a job.

[merkin&regine 18]

we only have one child btw.

so meaning to say, once we have filed for the i-130 she can go ahead and go to california and live with a friend? would that be a good enough domicile? and she would also need to look for a job as the i-130 is in the process, is that correct?

would she need to come back to the philippines for some kind of interview? or i can handle the processing myself here in the philippines?

thanks for the answers.

Ok.. if you guys only have one child, then your household size is 3 which he needs to make at least $24,412 in a year (in this way, you don't need a co-sponsor) based on 2013 poverty guideline which could go up in the new 2014 guideline.

She can go ahead and leave for California after the petition, the sooner the better, so that hopefully she can find and job and could easily satisfy her domicile requirement.

She doesn't have to come back for your interview, you can deal with the paperworks on your own, although he might have to mail paperworks to you from US if needed. Just follow instructions/guide here and you should be OK.

If he files for his income tax return(which means have a job) and have a permanent US address, open a US bank account (Just send evidence during interview), this should be good enough for his domicile requirement and if she's already in US by the time your interview happens, they won't even question the domicile part anymore.

Just tell her to avail as much as she can on the domicile requirement that I copied and pasted from US Embassy Manila Website.

Good Luck!

[merkin&regine 18]

also, in other words...shes gonna have to leave first and get settled in the states before anything else, right? I dont think there woud be a way for us to travel back as family due the fact that her parents are retired US citizens that are also staying in the philippines, meaning she would have no one to sponsor or have a proof of support.

Get Married and File I-130 at the US Embassy in Manila (DCF, Direct Consular Filing) before her going back to US, it's faster. Then, she can travel back to California to prepare and settle down, get herself ready for her family to come.

Good luck!

[cloud9gt 0]

ok sounds good.

she we do have a friend there that she can stay with until we all get there together. would that be ok for a domicile?

also one more question, after getting married and applying for the I-130, should she leave right after filing it? or is she still needed through out the whole process of the visa?

does she leave once the visa has been approved?

thanks so much

[NikLR 13,227]

Yes that's fine for living. She can get a driver's license, a bill in her name, set up a lease or rental agreement with her friend etc..

She should be able to leave after you guys file the petition with the USEM.

The visa will take another few months. Be careful about the I-864 requirements though. They will not let you go through if it's not enough. She needs to find a $12/hr job or a waitressing job that pays well in tips (that she needs to declare on taxes fyi.) Often stocking overnight at stores will pay an extra $1-2 per hour so that's something else to look into

[merkin&regine 18]

ok sounds good.

she we do have a friend there that she can stay with until we all get there together. would that be ok for a domicile?

also one more question, after getting married and applying for the I-130, should she leave right after filing it? or is she still needed through out the whole process of the visa?

does she leave once the visa has been approved? <----- you meant petition approval? (not Visa)

thanks so much

Technically, she doesn't even need to leave Philippines, coz you can establish domicile even without going back to US by doing the ff (on Bold letters):

A petitioner living outside the United States and who has not maintained any ties with the United States, and who wishes to qualify as a sponsor must demonstrate that:

1. He or she has taken steps to establish a domicile in the United States;

2. He or she has either already taken up physical residence in the United States or will do so currently with the applicant;

3. The sponsor does not have to precede the applicant to the United States but, if he or she does not do so, he or she must at least arrive in the United States concurrently with the applicant;

4. The sponsor must establish an address (a house, an apartment, or arrangements for accommodations with family or friend) and either must have already taken up physical residence in the United States; or

5. Must at a minimum to state that he or she intends to take up residence there no later than the time of the applicant’s immigration to the United States.

Although there is no time frame for the petitioner to establish residence, the sponsor/petitioner must in fact, have taken up principal residence in the United States. Evidence that the sponsor has established a domicile in the United States and is either physically residing there or intends to do so before or concurrently with the applicant may include the following:

1. Opening a bank account;

2. Transferring funds to the United States;

3. Making investments in the United States;

4. Seeking employment in the United States; (maybe applying online )

5. Registering children in U.S. schools;

6. Applying for a Social Security number; and

7. Voting in local, State, or Federal elections.

Those are tricky to do based on the information you gave here, so the earlier she could leave for California, the better (more time to look for job).

The easier way, is to have him move to US after the petition was filed or as soon as she's ready to leave.

Good Luck!

[cloud9gt 0]

Just to let you guys know, i would be the immigrant (he). She is the american citizen that i also have a daughter with.

Meaning to say she doesnt have to leave the philippines? But what about the affidavit of support?

Thanks

[cloud9gt 0]

so all that in BOLD letters can be done through our friend, correct? our friend can open us a bank account for my fiance while shes here in the philippines, am i correct?

but i think her leaving before me to get settled would be a lot easier so we wont have to hassle our friend with running around for us. would that be ok too? thanks

[merkin&regine 18]

Just to let you guys know, i would be the immigrant (he). She is the american citizen that i also have a daughter with.

Meaning to say she doesnt have to leave the philippines? But what about the affidavit of support?

Thanks

Yes. I meant She... not you I'm sorry, I'm confused

[merkin&regine 18]

so all that in BOLD letters can be done through our friend, correct? our friend can open us a bank account for my fiance while shes here in the philippines, am i correct?

but i think her leaving before me to get settled would be a lot easier so we wont have to hassle our friend with running around for us. would that be ok too? thanks

No, I don't think your friend can open a bank account in behalf of your fiancé, she'll have to be there in person in US to open a US bank account.

Yes. Exactly, it will be very easy for you guys to prove domicile with her leaving the Philippines ahead of time.

My last question which is very relevant for DCF filing, What is your fiancé's immigration status in the Philippines.

One of the requirement for DCF is that she has to be a legal Philippines immigrant for them(US Embassy Manila) to accept the I-130 petition from her.

If she's there 10 yrs already, I assumed that she applied for dual citizenship? Prior to Republic Act No. 9225 (RA 9225), also referred to as the Citizenship Retention and Re-Acquisition Act of 2003, Filing DCF in Manila, you need to submit copies ACR/ICR to prove legal immigration status in the Philippines, with this documents on hand, US Embassy in Manila will have jurisdiction on your fiancé, thus they can accept your DCF on I-130.

Good luck!

[cloud9gt 0]

She used to live in hawaii while her father was an officer in the navy. They retired in the philippines 9 years ago amd she came to the pi for college. She hasnt gone back since. She has been a dual citizen even before she came to the pi.

[merkin&regine 18]

Just to let you guys know, i would be the immigrant (he). She is the american citizen that i also have a daughter with.

Meaning to say she doesnt have to leave the philippines? But what about the affidavit of support?

Thanks

Yes, this is the problem, affidavit of support. As we said before, a co-sponsor can help her with bringing you guys there without her working yet, although, I don't think it would be a viable way going forward with this petition (it's hard to bring a family in US without any income yet).

With that said, even if your future wife doesn't have an income and let's say, she satisfied the domicile requirement. Your fiancé will still have to fill up and sign an affidavit of support (I-864) with zero income coz she's the principal sponsor (the reason why Domicile requirement needs to be satisfied).

Then a co-sponsor (Anyone, doesn't have to be a relative as long as he/she willing to sign I-864) will sign a separate I-864 that would satisfy the poverty guideline by itself.

Edited February 5, 2014 by merkin78