Fil-Am Citizen

[jackiejack 0]

Hi, my name is Jackie. My fiancé -Paul is a dual citizen Filipino-American. He acquired his citizenship through naturalization. He lived in the United States for 8 years and hasn't gone back since 2008. We met 2010, got engaged 2011 and 2012 our first child was born. We have been living together for 6 years now but we're not married yet. We are planning to apply for a K1 visa and we have a few questions: 

 

1. Can he petition me? If yes, how will he do that since he is currently here in the Philippines living with me?  

2. Is the K1 visa our best option or should we consider getting other type of visa? 

3. I'm currently pregnant with our second child, will it affect the process?

 

I hope you can help me and thank you in advance for your inputs. 

 

Much appreciated, 

Jackie

[JE57 239]

Hi Jackie,

   K-1 Visa is fne so long as you are both legally eligible to and willing to sign letters of intent to Marry once you arrive in the USA.  The challenge will be proving Paul's domicile or intent to establish domicile in the USA.  The easiest way is for him to move to the USA first and then bring you over once he's established.  However, the domicile question is not pertinent until the interview time which will be some time further in the process.   He need not have physical presence in the USA to accomplish this there are other, albeit at the discretion of the embassy in Manila to accomplish this.  Such as having a job and apartment or living arrangements made.  Speaking of job.... He also has to demonstrate income likely filed on US tax returns that represents at least 125% of poverty level for your household size.  Again, this is another reason that him establishing himself in the USA will make the process easier.   Your pregnancy and having a child already together will present additional questions such as why you are not married and why now are you doing this but these are simply questions which if they have logical compelling answers should not present an issue. 

Overall,  as far as the USA is concerned he is a US citizen, but he has to prove domicile and capacity to support you to bring you to the US on a immigrant visa be that a K-1 or a spousal visa.   Note that usually the K-1 visa is faster than the Spousal visa.  But there is one other alternative you may want to consider and research and that is to get married and file for Direct Consulate filing DCF which might be faster and cheaper than even a K-1.  Since with a Spousal visa you get your green card when entering the USA rather than waiting for adjustment of status and means you can work and travel immediately. 

     Best of luck

-

 

Edited October 2, 2017 by JE57
Mis-spelled OP name :-(

[jackiejack 0]

Thank you for this. I will explore and research on Direct Consulate filing DCF. I will aslo share this to my fiance so that we can move forward. Once again, thank you very much.