Panicking Please Help! K1 Visa , no income, have co-sponsor...

[maning 36]

I'm panicking at the moment... I assumed that the K-1 Visa would be eligible for a co-sponsor, but now I'm reading things from this site that states the US Embassy in Manila does not accept co-sponsors!

Here is my story...

My girlfriend and I had met 5 years ago and waited till she finished her BS degree in Nursing (she will graduate in April 2011). It has been a very long and painful 5 years being apart. I've read that the K-1 Visa was the fastest and easiest... but no one ever told me about the whole co-sponsor dilemma with the US Embassy in Manila. I just found out till now. My story at my end is my dad had fallen on hard times with his business due to the recession and local economy and for the past 3 years I pretty much got by with them simply helping me support my girlfriend overseas with her tuition and daily expenses in exchange for working (so no tax returns!). I'm 29 and live with my parents. My parents income is well over the federal poverty guidelines and I was expecting them to co-sponsor for me, but now I don't know what to do!

Should I still consider the K-1 because I told my girlfriend I plan to file it and she was so happy... or

go another route like CR-1 Visa (just go over and marry her there... but I feel it will just add more frustration)

I'm just lost right now and haven't slept all night.

Worried in SC

[payxibka 10,045]

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[Inky 1,110]

I had a friend who used family to help co-sponsor and he was fine, their interview went great and they accepted his father as the co-sponsor.

Edit to add - He did a K-1 and their interview was in Manila.

Edited January 2, 2011 by Inky

[maning 36]

I had a friend who used family to help co-sponsor and he was fine, their interview went great and they accepted his father as the co-sponsor.

Edit to add - He did a K-1 and their interview was in Manila.

I hope so! I'm really worried they will not accept a co-sponsor, even if it's a parent(s). I hope someone else can provide more info on the matter or experienced the same situation as I have... but thank you for giving me a little hope. thanks!

[pushbrk 12,636]

I hope so! I'm really worried they will not accept a co-sponsor, even if it's a parent(s). I hope someone else can provide more info on the matter or experienced the same situation as I have... but thank you for giving me a little hope. thanks!

Manila sometimes accepts a parent or other close relative as cosponsors and sometimes not. The successes I've seen are mostly for recent or soon to be college graduates with a parent making well over the poverty guideline. You don't mention anything about why YOU don't qualify on your own. That will be a factor too as they evaluate the totality of the circumstances. The circumstances surrounding why YOU, at age 29 do not make at least $18,212 a year and still live at home with your parents could make a difference in either direction. If you're about to finish medical school, that's a good thing. If you're disabled, lazy or unskilled, not so good. The Consular division's responsibility is to make a somewhat subjective determination about whether you fiancee and later, spouse is likely to become a public charge.

FYI, the K1 IS a __ FIANCE __ visa. So, don't let your fiancee know about your girlfriend, OK?

[maning 36]

Manila sometimes accepts a parent or other close relative as cosponsors and sometimes not. The successes I've seen are mostly for recent or soon to be college graduates with a parent making well over the poverty guideline. You don't mention anything about why YOU don't qualify on your own. That will be a factor too as they evaluate the totality of the circumstances. The circumstances surrounding why YOU, at age 29 do not make at least $18,212 a year and still live at home with your parents could make a difference in either direction. If you're about to finish medical school, that's a good thing. If you're disabled, lazy or unskilled, not so good. The Consular division's responsibility is to make a somewhat subjective determination about whether you fiancee and later, spouse is likely to become a public charge.

FYI, the K1 IS a __ FIANCE __ visa. So, don't let your fiancee know about your girlfriend, OK?

This is the sort of thing I'm worried about. They will view me in that way. My situation was I guess out of pity of my father and wanting to help him get through these slow times with his business. So made the arrangement that as long as they, my parents are able to support my "fiancee" with her studies and daily expenses that I would work with him with that arrangement. Fast forward 3 years later... here I am. I do have property I own, which I planned to build my house, but I put that in the back burner in order to help my family. I can list that, but I doubt it will get me anywhere over the poverty line where I'm at now. I guess I depended too much on my parents being the co-sponsor when the time came.

[pushbrk 12,636]

This is the sort of thing I'm worried about. They will view me in that way. My situation was I guess out of pity of my father and wanting to help him get through these slow times with his business. So made the arrangement that as long as they, my parents are able to support my "fiancee" with her studies and daily expenses that I would work with him with that arrangement. Fast forward 3 years later... here I am. I do have property I own, which I planned to build my house, but I put that in the back burner in order to help my family. I can list that, but I doubt it will get me anywhere over the poverty line where I'm at now. I guess I depended too much on my parents being the co-sponsor when the time came.

Why not have your father's business provide a W2 form indicating your earnings for 2010, file the tax return and then otherwise qualify on your own income. If the current job isn't enough, get one that is. To do this, you'll need to decide whether your life with your bride trumps your father's circumstances or not.

[maning 36]

Why not have your father's business provide a W2 form indicating your earnings for 2010, file the tax return and then otherwise qualify on your own income. If the current job isn't enough, get one that is. To do this, you'll need to decide whether your life with your bride trumps your father's circumstances or not.

This is what I had in mind, but I'm worried if my earnings for 2010 will be enough to offset the other 2 years that I haven't filed or if I can qualify to meet the federal poverty guideline for 2010. I plan to meet with my dad's accountant tomorrow to figure a situation out of this. You are definitely right though, I really messed this one up and would and plan to fix the situation by any means. My worry is that I really hate for her to wait longer on behalf of my stupidity. So my question goes back to square one if applying for k-1 visa is still "doable" in my situation or would I have a better outcome if I applied for a spousal visa (CR-1 Visa) and used my parents' as co-sponsors.

[pushbrk 12,636]

This is what I had in mind, but I'm worried if my earnings for 2010 will be enough to offset the other 2 years that I haven't filed or if I can qualify to meet the federal poverty guideline for 2010. I plan to meet with my dad's accountant tomorrow to figure a situation out of this. You are definitely right though, I really messed this one up and would and plan to fix the situation by any means. My worry is that I really hate for her to wait longer on behalf of my stupidity. So my question goes back to square one if applying for k-1 visa is still "doable" in my situation or would I have a better outcome if I applied for a spousal visa (CR-1 Visa) and used my parents' as co-sponsors.

You don't have to offset any previous years or even mention them in the visa process. You will need to indicate the earnings from three prior years at the time you file to adjust her status but that may well be after you file the 2011 tax return. Current income will be the key all the way through though.

[pookaphilus 12]

This is what I had in mind, but I'm worried if my earnings for 2010 will be enough to offset the other 2 years that I haven't filed or if I can qualify to meet the federal poverty guideline for 2010. I plan to meet with my dad's accountant tomorrow to figure a situation out of this. You are definitely right though, I really messed this one up and would and plan to fix the situation by any means. My worry is that I really hate for her to wait longer on behalf of my stupidity. So my question goes back to square one if applying for k-1 visa is still "doable" in my situation or would I have a better outcome if I applied for a spousal visa (CR-1 Visa) and used my parents' as co-sponsors.

good day!!..it's no on'es fault..it's how the situation is right now..if she loves you, she will understand & patiently wait for the two of you to be together..it's not easy..you just need to figure out what is the best thing for you to do regarding your situation..She can go find work in the Phil for the meantime while waiting..it would also help your relationship..God bless!!

[maning 36]

good day!!..it's no on'es fault..it's how the situation is right now..if she loves you, she will understand & patiently wait for the two of you to be together..it's not easy..you just need to figure out what is the best thing for you to do regarding your situation..She can go find work in the Phil for the meantime while waiting..it would also help your relationship..God bless!!

Thank you for your kind words... I'm slowly getting over it(laid in bed all day), but it is a big setback for us. I haven't told her the news yet, but I will soon. We just have to be a little more patient for little longer **sigh**. She plans to take the local nursing board after she graduates and maybe with the little more time she can gain some experience working in a nursing setting while she waits. At the moment I'm leaning towards a CR-1 Visa because I would hate to be denied due to my financial predicament if I go the K-1 Visa route. Also, it helps that once she enters the US she is a permanent resident. So thats a big help. Right now, I plan to meet with my father's accountant to figure a way to fix my financial situation. So I guess we'll take this one day at a time.

Again thank you all and this site for offering some great advice.

[Beth & Chard 8]

Manila sometimes accepts a parent or other close relative as cosponsors and sometimes not. The successes I've seen are mostly for recent or soon to be college graduates with a parent making well over the poverty guideline. You don't mention anything about why YOU don't qualify on your own. That will be a factor too as they evaluate the totality of the circumstances. The circumstances surrounding why YOU, at age 29 do not make at least $18,212 a year and still live at home with your parents could make a difference in either direction. If you're about to finish medical school, that's a good thing. If you're disabled, lazy or unskilled, not so good. The Consular division's responsibility is to make a somewhat subjective determination about whether you fiancee and later, spouse is likely to become a public charge.

FYI, the K1 IS a __ FIANCE __ visa. So, don't let your fiancee know about your girlfriend, OK?

Again pushbrk, you are "right on". FYI, for all those interested, I am on disability and make $19,824 per year. (family of 2)

That is what they evaluated me on and we were approved yesterday.

I hope the OP is in school or has some way to explain why he has no income.

[Beth & Chard 8]

Why not have your father's business provide a W2 form indicating your earnings for 2010, file the tax return and then otherwise qualify on your own income. If the current job isn't enough, get one that is. To do this, you'll need to decide whether your life with your bride trumps your father's circumstances or not.

Seems he earned the money, just that it was forwarded to the overseas GF. Seems a good accountant could correct that record keeping.