Filing K1 Visa for Fiancee, but not our kids?

[jon.herron1 0]

I just returned to the United States after living in Peru since August 2009. I met and lived with my fiancee since 2010. We now have 2 children born in Peru and neither of them have their "report of citizen born abroad certificates" nor do they have US passports.

I appreciate any advice on the following plan:

I just got back and start work this week (May 2014). I haven't filed my taxes since 2010 (self-employed). I understand that I have to file no matter what and work a payment plan with the IRS? My self-employment is under the poverty level and no matter what I'll owe back taxes; meaning I won't qualify to support my family. Will my current job be enough for the Affidavit of Support if I'll only have a few months working when I file the petition? I make $50,000 a year, which is enough; however they ask for my tax returns which will correspond to my self-employment at least until next year. If not, I have a sponsor that could do so.

Next concern is regarding my children. We plan to apply for my fiancee's visa and once approved she will have 6 months from issuance to travel to the US. I plan to fly back to Lima to proceed to report my sons' births and get their US passports, which should take a few weeks at most. We would then return together to the US. I'm a US-born citizen, she would enter on her K1 Visa, and my two sons would enter on their newly issued US passports. Is this feasible? Anyone have experience doing the same?

Should I use an online visa company to help with the paperwork? I'm 25, just getting back to work and really would like to save as much money as possible to start our new life here in Ohio with my two sons and soon-to-be wife.

[phd1974 17]

Hello fellow Ohioan,

If you are going to get US Passports for your children, you should make sure that you are able to without issues. I got this from the Dept of State Website:

"Parents of a child born abroad to a U.S. citizen or citizens should apply for a CRBA and/or a U.S. passport for the child as soon as possible. Failure to promptly document a child who meets the statutory requirements for acquiring U.S. citizenship at birth may cause problems for the parents and the child when attempting to establish the child’s U.S. citizenship and eligibility for the rights and benefits of U.S. citizenship, including entry into the United States."

http://travel.state.gov/content/passports/english/abroad/events-and-records/birth.html

If you encounter issues,

You should get this situation taken care of ASAP because IF, for some odd reason, they are not able to get their passports, then you will need to include them on your initial I-129F form when you petition for your beneficiary, so that they will be eligible to receive K-2 Visas. So, my suggestion is to get their passports first, then look at filing the I-129F. You said it should only take a few weeks, right? If this holds true, then it should be a few weeks. If they are not able to get the passports they need, then it would have been wise to wait until that issue is resolved before filing for the K-1, as you can add your children on the I-129F form to get K2 visas.

Honestly, I think they will get their passports, but issues could arise where it would take longer than you anticipated to get them ... likely months ...

[jon.herron1 0]

Thanks for the info. I spoke to at least 5 or more Americans that got through the reporting US citizen birth process after a few years and with no issues. I imagine it's encouraged to do so sooner than later to avoid losing documents or the parents separating and the father not reporting the birth. The kids have until legal age of 18 for me to report their births.

I guess you never think it's going to happen to you until it does; so I understand how my situation could be the 1 out of 1000 that gets delayed. The only problems in reporting their citizenship would be if I were unable to prove my citizenship and my "residency" of more than 5 years in the US after age 14. I can more than easily prove all this. But once again, the income and tax issue comes into play.

[phd1974 17]

I'm not too versed in the financial aspect, but I have read on here that if you do not have tax returns, that you can provide a W-2 and months worth of pay stubs, but in your case, if the process completes before you get a W-2 from your employer, then the only thing you can go on is pay stubs and a letter from your employer. I would consider getitng a co-sponsor.

[phd1974 17]

Alternatively, if you are able to provide proof of support with your W-2 and pay stubs, then it is possible to time your filing so that you will get a copy of your W-2 (Jan? Feb? 2015) before the interview, but this would require you to wait a few more months before filing (or you can get assigned to the ever-so-slow Texas Service Center which will extend your processing time by a few mor months).

this way. you will not need a co-sponsor.

Edited May 27, 2014 by phd1974