K1 visa

[Edd09 0]

Hi everyone I was wondering if I can start my paperwork this October when I go home. I have my w2 but it was only for 6 months of work last year, it was for $17k while I make $4k a month after taxes And have $15k in my savings, would I still be able to start the paperwork this October and try to get my fiancée and my two 2 kids. Also would I qualify since I still live with my brother while I save up for a house. Thank You. 

[Just Paul 4,595]

2 hours ago, Edd09 said:

Hi everyone I was wondering if I can start my paperwork this October when I go home. I have my w2 but it was only for 6 months of work last year, it was for $17k while I make $4k a month after taxes And have $15k in my savings, would I still be able to start the paperwork this October and try to get my fiancée and my two 2 kids. Also would I qualify since I still live with my brother while I save up for a house. Thank You. 

You don't need to wait to file. You can slow things down at the consulate if needed and after the visa is issued the entry time is 6 months from the medical.

[Hank_ 9,174]

7 hours ago, Edd09 said:

Hi everyone I was wondering if I can start my paperwork this October when I go home. I have my w2 but it was only for 6 months of work last year, it was for $17k while I make $4k a month after taxes And have $15k in my savings, would I still be able to start the paperwork this October and try to get my fiancée and my two 2 kids. Also would I qualify since I still live with my brother while I save up for a house. Thank You. 

No need to wait.  Income evidence isn't needed until the embassy phase.    For the petition phase (USCIS) you need evidence of having met in person within the past two years and are both free to marry.   

 

https://www.visaconnection-philippines.com/uscis-petition-process.html

 

 

When you reach the embassy phase being you are a new employee you can submit an employer letter and copies of your pay statements for as many months as you have worked .. and of course a copy of your tax return & W-2 (no matter what your gross income was) and the I-134 (all can be scanned and emailed)

Edited February 6, 2020 by Hank_

[Edd09 0]

Thank you so much guys! Yes should I hire a lawyer our could I do it myself when I’m in the Philippines this October. Plus I heard I may need to show 3 years of consistent work? The problem is I’ve just moved back last September and just now have a job but from my research is it enough to show that I can provide for them since I’ve only been working since September but I do average 4K a month after taxes. My brother said he would be more than welcome to be a joint sponsor if theirs any problem, but since my uncle said they don’t take joint sponsor in the Philippines I’ve been trying to work hard. Also would she be able to be exempt from the Public Charge since she hasn’t finished her college but she does talk very good English and we have been together since 2014 and have two kids of our own  I was just worried I couldn’t get them here soon enough. But I do have company insurance and all. 

Is there any possible way you guys could show me the steps to get started? I’m fairly new to these paperwork. 

[Just Paul 4,595]

53 minutes ago, Edd09 said:

Yes should I hire a lawyer

You can do it all yourself.

54 minutes ago, Edd09 said:

he problem is I’ve just moved back last September and just now have a job but from my research is it enough to show that I can provide for them since I’ve only been working since September but I do average 4K a month after taxes

Current income trumps past taxes.

54 minutes ago, Edd09 said:

My brother said he would be more than welcome to be a joint sponsor if theirs any problem, but since my uncle said they don’t take joint sponsor in the Philippines I’ve been trying to work hard.

USEM has been known to take I-134 co-sponsors from family member.   If you want to avoid that consider a spousal visa.

56 minutes ago, Edd09 said:

Also would she be able to be exempt from the Public Charge since she hasn’t finished her college but she does talk very good English and we have been together since 2014 and have two kids of our own

Public charge is determined at the consulate by taking the totality of the circumstances into consideration.

 

It is helpful if her english skills are good and she has skills that translate into a good US job.  Mary got A's in English and still needed to take ESL classes to get back into the nursing program.

59 minutes ago, Edd09 said:

Is there any possible way you guys could show me the steps to get started? I’m fairly new to these paperwork. 

Look up in the blue bar, click on the guides.

[Hank_ 9,174]

13 hours ago, Edd09 said:

Thank you so much guys! Yes should I hire a lawyer our could I do it myself when I’m in the Philippines this October. Plus I heard I may need to show 3 years of consistent work? The problem is I’ve just moved back last September and just now have a job but from my research is it enough to show that I can provide for them since I’ve only been working since September but I do average 4K a month after taxes. My brother said he would be more than welcome to be a joint sponsor if theirs any problem, but since my uncle said they don’t take joint sponsor in the Philippines I’ve been trying to work hard. Also would she be able to be exempt from the Public Charge since she hasn’t finished her college but she does talk very good English and we have been together since 2014 and have two kids of our own  I was just worried I couldn’t get them here soon enough. But I do have company insurance and all. 

Is there any possible way you guys could show me the steps to get started? I’m fairly new to these paperwork. 

Lawyer?    You don't need no "stinkin" lawyer ..     Still this is your choice.      The website I gave you a link to has all the details of what is needed, if you hire a lawyer YOU will still have to do 95% of that work,  the lawyer will have an assistant complete the I-129F and include everything else YOU provided.    No magic here, it is dirt simple to do if you follow the I-129F instructions, and for questions .. stop back.    

 

3 Years of tax returns?   Bull tweety!       Embassy only requires your MOST RECENT tax return/transcript and W-2, plus the I-134  ............ all of which can be scanned and emailed to your fiancee when needed.

 

Joint sponsors ~      Your uncle is partially correct.   The embassy is NOT required to accept a joint sponsor with the K-1 visa, it is totally at the CO's option, but for the Philippines when they do accept a joint sponsor they want it to be a close family member; parents or siblings.  Your brother is a good choice.    With that said, since 2014 the embassy has been very sporadic about even asking for financial support evidence ... Still it is listed as required.        Why have you not gotten married to complete the CR-1 visa?  Lots of perks to that, even if it does take a few months longer

 

Public Charge ~      The K-1 visa is not an immigrant visa, which is where the "public charge" issue is directed, not to say the CO couldn't apply it anyway.     Still I would not stress on this one if your income/joint sponsor meets requirements.

 

Two kids ~   Did you complete CRBA and get their U.S. passports & Philippines passports?     (You will want to make sure they have BOTH passports .. ) 

 

Show me the steps to get started ~   I gave you a link to the USCIS I-129F process in an earlier posting.  Here it is again  https://www.visaconnection-philippines.com/uscis-petition-process.html

 

And here is a link to CBRA if you haven't completed that   https://www.visaconnection-philippines.com/crba.html

 

As you start this process, read all the instructions slowly and more than once .. then relax and read everything once more ... everything is listed that is required.

 

 

 

[Edd09 0]

Thank you for the help, I will talk more about it with my fiancé and we did live together while I was staying there for 5 years can pictures and xoom receipts prove that we’ve been in touch. Also on my first child we didn’t right me down as father since we had some family issues on the side but could I correct that with an affidavit? We know the doctor who gave birth to him and knows I was there with her. On this month they will be receiving their Filipino passports all 3 of them.

[Hank_ 9,174]

20 minutes ago, Edd09 said:

Thank you for the help, I will talk more about it with my fiancé and we did live together while I was staying there for 5 years can pictures and xoom receipts prove that we’ve been in touch. Also on my first child we didn’t right me down as father** since we had some family issues on the side but could I correct that with an affidavit? We know the doctor who gave birth to him and knows I was there with her. On this month they will be receiving their Filipino passports all 3 of them.

** Ouch!!  You are not listed as the father on the birth certificate for one of your children?  The child does not carry your surname?    You know the saying "screwed the pooch"?   I believe there is a way to correct the birth certificate, but a simple affidavit is not the answer, you may need an attorney for this.  Plus adding yourself as father to an existing birth certificate is going to raise lots of red flags with the embassy, I would lay odds that the embassy would require DNA testing to verify blood relationship.  <<<  This all may take some time.       another thought is to letting sleeping dogs lie., process this child as a K-2 (at some point once in the USA you could complete the adoption process)  <<<  even this may get closely looked at by the embassy .. and still require DNA testing .. never know.

 

For the other two children you did complete CRBA and they do have their U.S. passports?  

 

 

Edited February 10, 2020 by Hank_

[payxibka 10,045]

2 hours ago, Edd09 said:

Thank you for the help, I will talk more about it with my fiancé and we did live together while I was staying there for 5 years can pictures and xoom receipts prove that we’ve been in touch. Also on my first child we didn’t right me down as father since we had some family issues on the side but could I correct that with an affidavit? We know the doctor who gave birth to him and knows I was there with her. On this month they will be receiving their Filipino passports all 3 of them.

DNA test