My fiance is divorced (in the US) to his ex Filipina wife. His case for divorce recognition was not filed until last month. We are prepared for a 1.5-2.5 year process for the divorce to be recognized and PSA updated.
We were planning to file for a CR1 visa, but this timeline is now much longer than we expected. We are aware that we cannot complete the CR1 process (NVC stage forward) without the PSA being updated. Correct?
We are now considering filing for a K1. But we have issues with him meeting the financial requirement.
He has chronic health problem for past two decades that prevent him from working. His father supports him through a living trust in his name that pays him $5500 monthly (66k yearly) he also has assets which slightly exceed the 3x requirement for the AOS. His father is willing to co-sponsor, but is close to retired, and main income is now social security. His father also has a very significant amount of assets/investments.
We keep reading that Manila will accept a joint sponsor on a case by case basis. It does not make sense to us why his income (non taxable as it is) cannot be considered sufficient, or his assets, when it is more than enough to support both of us. It is clear that he or his father can financially support me.
The situation has us trapped in that we cannot file the CR1 because of rules for PSA being needed, but the K1 has question marks as well. The idea of sitting around and waiting on the court system here for two more years is heartbreaking to both of us.
Please do not judge him, or sarcastic replies. We have been through a lot like everyone with Covid, and we just want to be together. We have spent many months together in Philippines this year. He is mature and lives independently, he just is always in a lot of pain.
