Starting our journey... some questions

[cjhmdm 0]

My Fiancee and I are starting our journey and are currently putting together our packet for the initial I-129F application submission.

First and foremost, I want to say thanks to everyone on these boards for providing so much information on this process. When I first started, I thought all I had to do was fill out the form and mail it in heh.

I do have some questions/concerns though because I think that (maybe) our circumstance is a little different than most.

To start, my fiancee and I have been living together in the Philippines as a couple for going on 7 years. I am currently still living in the Philippines with her.

We also have 2 children together, ages 5 and 2. Both children are mine, have my last name, and I am listed as their father on their birth certificates.

I plan to file the I-129F this week, using a friends address. I've researched this topic to no end, and filing using a friends/relatives address seems to be the accepted solution.

Now, our situation does raise some questions and concerns.

1. Do we need to worry about being asked why we haven't gotten married in the Philippines?

-- If the answer is yes, is it acceptable to explain that we simply want to marry in the US?

---- Would it be unwise to try and explain that it's simply faster to get the K1 visa than the K3 visa?

2. Would there be any concern regarding our children?

-- Our children DO NOT have dual citizenship. Some of the requirements are difficult for me to fulfill, namely having to provide proof of living in the US for 5 years. I have been living in the Philippines for nearly 11 years, and left the US when I was 22; so I don't have a very long "paper trail" in the US.

---- The plan as of now is to get visas for our children through the K1 visa process. Will this be an issue?

3. Concerns regarding the affidavit of support.

-- The USCIS website states that I DO NOT have to file an affidavit of support during the K1 visa process, only required when filing the AOS. The guide on this site states the opposite. Which do I follow?

---- Assuming that I need to submit an affidavit of support with the I-129F application, I'm concerned about being able to file a proper affidavit of support due to the fact that I have lived in the Philippines for the past 10, almost 11 years. While I have been filing my taxes, I have been using my address in the Philippines as my residential address. All of my mail, except for one business credit card, goes to my business address, which is really just a P.O. box in Delaware.

4. Affidavit of support, poverty level concern. (Assuming I need to file an affidavit of support with the I-129F)

-- Firstly, I co-own a partnership LLC, so I do not receive a "W2"; instead, I receive a "Schedule K-1", so this is what I am referring to in this section, not the K1 visa.

---- According to my K-1, I made $77,399 in 2014. However, due to my residing permanently in the Philippines, my tax statement shows that my total income was $2,229 for 2014. This is because, due to Foreign Earned Income exemptions, I am only being taxed on that $2,229 amount.

------ So my concern is, will the powers that be be able to understand my tax statements, and know that I actually made $77,399 in 2014, which is well above the poverty line; or will they base my "income" on the amount I was actually taxed?

5. Proof of meeting and ongoing relationship.

-- I don't really have any real concerns here, just want to be clear. Will family photos (of my fiancee and I, our kids and fiancees family) serve as proof for both? The only actual documentation I can provide is visa exentions on my passport for the past several years.

---- We did travel together to Hong Kong (along with our daughter) 2 years ago, so should I provide copies of both our exit/entry stamps? Also, 4 or so years ago, we traveled to Thailand together, and it was physically written in her (now expired) passport (yes, she has a new passport) that she was traveling with me. Should I include copies of any of this, or will photos suffice?

I think that's all the questions I have for now. Barring any severe warnings in this thread, I'll be submitting my I-129F next week.

Thanks up front for any information and insight any of you guys may be able to provide.

Edited July 20, 2015 by cjhmdm

[Hank_ 9,174]

My Fiancee and I are starting our journey and are currently putting together our packet for the initial I-129F application submission.

First and foremost, I want to say thanks to everyone on these boards for providing so much information on this process. When I first started, I thought all I had to do was fill out the form and mail it in heh.

I do have some questions/concerns though because I think that (maybe) our circumstance is a little different than most.

To start, my fiancee and I have been living together in the Philippines as a couple for going on 7 years. I am currently still living in the Philippines with her.

We also have 2 children together, ages 5 and 2. Both children are mine, have my last name, and I am listed as their father on their birth certificates.

I plan to file the I-129F this week, using a friends address. I've researched this topic to no end, and filing using a friends/relatives address seems to be the accepted solution.

Now, our situation does raise some questions and concerns.

1. Do we need to worry about being asked why we haven't gotten married in the Philippines?

-- If the answer is yes, is it acceptable to explain that we simply want to marry in the US?

---- Would it be unwise to try and explain that it's simply faster to get the K1 visa than the K3 visa?

Nope! No worries on that.

2. Would there be any concern regarding our children?

-- Our children DO NOT have dual citizenship. Some of the requirements are difficult for me to fulfill, namely having to provide proof of living in the US for 5 years. I have been living in the Philippines for nearly 11 years, and left the US when I was 22; so I don't have a very long "paper trail" in the US.

---- The plan as of now is to get visas for our children through the K1 visa process. Will this be an issue?

Your children can not get a visa, they are U.S. Citizens. You need to complete CRBA (Consulate Report of Birth Abroad) and get them their U.S. passports.

3. Concerns regarding the affidavit of support.

-- The USCIS website states that I DO NOT have to file an affidavit of support during the K1 visa process, only required when filing the AOS. The guide on this site states the opposite. Which do I follow?

---- Assuming that I need to submit an affidavit of support with the I-129F application, I'm concerned about being able to file a proper affidavit of support due to the fact that I have lived in the Philippines for the past 10, almost 11 years. While I have been filing my taxes, I have been using my address in the Philippines as my residential address. All of my mail, except for one business credit card, goes to my business address, which is really just a P.O. box in Delaware.

For the I-129F you do not need to submit any financial data. You will need to provide this at the embassy for the visa application/interview. If you have been filing ITR and have adequate income there should not be an issue.

4. Affidavit of support, poverty level concern. (Assuming I need to file an affidavit of support with the I-129F)

-- Firstly, I co-own a partnership LLC, so I do not receive a "W2"; instead, I receive a "Schedule K-1", so this is what I am referring to in this section, not the K1 visa.

---- According to my K-1, I made $77,399 in 2014. However, due to my residing permanently in the Philippines, my tax statement shows that my total income was $2,229 for 2014. This is because, due to Foreign Earned Income exemptions, I am only being taxed on that $2,229 amount.

------ So my concern is, will the powers that be be able to understand my tax statements, and know that I actually made $77,399 in 2014, which is well above the poverty line; or will they base my "income" on the amount I was actually taxed?

What does line 22 show on the 1040? Embassy goes by the GROSS INCOME shown there.

5. Proof of meeting and ongoing relationship.

-- I don't really have any real concerns here, just want to be clear. Will family photos (of my fiancee and I, our kids and fiancees family) serve as proof for both? The only actual documentation I can provide is visa exentions on my passport for the past several years.

---- We did travel together to Hong Kong (along with our daughter) 2 years ago, so should I provide copies of both our exit/entry stamps? Also, 4 or so years ago, we traveled to Thailand together, and it was physically written in her (now expired) passport (yes, she has a new passport) that she was traveling with me. Should I include copies of any of this, or will photos suffice?

With what you have mentioned I don't see a real issue here. You will have no issue proving to USCIS that you have met within the past two years, AND I don't see you having issue with proving an ongoing relationship ... two kids

I think that's all the questions I have for now. Barring any severe warnings in this thread, I'll be submitting my I-129F next week.

Thanks up front for any information and insight any of you guys may be able to provide.

Answers above

[canadian_wife 1,822]

I can't answer all of them as I went through a different process but I'll try and help

#1 - Tell the truth. Why didn't you marry in PI? That is the right answer

#2 - Children will not be issued a visa if they have claims to US citizenship. Clearly yours do. Do you have school records? employment records? Get on this now to prevent delays.

#3 - No affidavits of support needed at the USCIS level. They will be needed

Good luck

[cjhmdm 0]

Answers above

Line 17 says: $74,399

Line 21 says: -$72,170 -- This is from my foreign earned income tax exemption

Line 22 says: $2,229

So am I screwed then? I mean, I can provide both personal and business bank statements, as well as all the documentation needed to prove I hold 50% stake of my company if need be, unless those wouldn't suffice?

Thanks for the other info, see below regarding my children.

I can't answer all of them as I went through a different process but I'll try and help

#1 - Tell the truth. Why didn't you marry in PI? That is the right answer

#2 - Children will not be issued a visa if they have claims to US citizenship. Clearly yours do. Do you have school records? employment records? Get on this now to prevent delays.

#3 - No affidavits of support needed at the USCIS level. They will be needed

Good luck

#1. We don't really have a reason. To be honest, we never really had plans to go to the US, but as our children are getting older, we want to make sure they have the best for their future, and clearly the Philippines is not it; not even when sending them to so-called International Schools. The topic of marriage came up a few times, but from my end, I just wasn't ready to marry so quickly after having rushed into my first marriage. Then, the years started going by and here we are almost 7 years later heh.

#2:

-- I should be able to order a copy of my high school transcripts. I'm not sure what all that will include, but maybe it'll include more than my graduation date. I'm hoping it'll include information from all grades, that way I'll have proof of several years there (from age 14-17 anyway).

-- I can order a copy of my military records, but I'm not sure it'll include anything but my dd-214, of which won't give me a long enough period of records (I was in the National Guard).

-- I could try to get my tax returns from those years but that's a difficult process now that they took the online portion down due to hackers.

Outside of that, there's not a whole lot of information I can provide. And the requirements aren't very clear as they state "had been physically present in the United States or one of its outlying possessions for five years, at least two years of which were after s/he reached the age of fourteen."... I'm not sure if I need year by year documentation. I'm also not sure why this requirement is so complicated, I was born in the US, and never even had a passport let alone left the country until I was 22. It's pretty frustrating to say the least.

#3. Got it, thanks

Edited July 20, 2015 by cjhmdm

[canadian_wife 1,822]

#1 Just answer honestly

#2 well, your children will not be issued visas. So start compiling the required documentation and start researching the CRBA - that is your only option. The question of YOUR citizenship is not up for debate. The issue is derivative citizenship based on YOU. That is the reason for all the requirements. Obviously if you have high school transcripts that should suffice right, that will include the 2 years after the age of 14.

good luck

[cjhmdm 0]

#1 Just answer honestly

#2 well, your children will not be issued visas. So start compiling the required documentation and start researching the CRBA - that is your only option. The question of YOUR citizenship is not up for debate. The issue is derivative citizenship based on YOU. That is the reason for all the requirements. Obviously if you have high school transcripts that should suffice right, that will include the 2 years after the age of 14.

good luck

Yeah, I'm not sure what the transcripts will contain. But I'm hoping that my school transcripts, along with my military service records (assuming they give me documentation that shows my initial date of enlistment and not just the year and change of war time active duty that I served) will be enough because I really don't have a lot of paperwork that I can obtain to provide the required proof.

At any rate, I'll get that process started now, and hope that things go well. I'm quite glad that I asked now because it'd be an even bigger headache if we had to deal with that out of the blue and with the clock ticking; so thank you guys for providing me such good information. I really appreciate it.

[Hank_ 9,174]

Line 17 says: $74,399

Line 21 says: -$72,170 -- This is from my foreign earned income tax exemption

Line 22 says: $2,229

So am I screwed then? I mean, I can provide both personal and business bank statements, as well as all the documentation needed to prove I hold 50% stake of my company if need be, unless those wouldn't suffice?

Thanks for the other info, see below regarding my children.

Honestly I don't think you are screwed as your income was exempt from taxes. You have the $72,xxx and you will be there at the interview, I would list all that as your income on the I-134, and if they question it point out that $72,xxx was exempt from taxes... the forms will be there to back that up. And for sure, in your case, bring bank statements.

Most all of my income is exempt from taxes, I didn't even have a tax return when my wife was interviewed (and I was there also). So ya, my gut says you will be fine.

Now to get CRBA done.

[cjhmdm 0]

Honestly I don't think you are screwed as your income was exempt from taxes. You have the $72,xxx and you will be there at the interview, I would list all that as your income on the I-134, and if they question it point out that $72,xxx was exempt from taxes... the forms will be there to back that up. And for sure, in your case, bring bank statements.

Most all of my income is exempt from taxes, I didn't even have a tax return when my wife was interviewed (and I was there also). So ya, my gut says you will be fine.

Now to get CRBA done.

Yeah, I'll print out statements from all 5 of my bank accounts just to be safe lol... the more paperwork you have the better I guess.

About the CRBA... I just hope I can gather the necessary documentation... This has me quite concerned to be honest.

At any rate, thanks a ton for your input and information. I sincerely appreciate it.