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  • K-1 Fiance Visa Requirements Questions

    Good day to everyone.

    We are a couple (me, a 26-yr old Filipino, and him, a 56 yr old American) that is planning to get married in the USA and be together. We are a gay couple, and from what I understand, Visa application now recognizes same-sex application/marriages.


    I have some questions as we are planning to get me a K-1 Fiance Visa. We are reviewing all the details that we can find online. We would love to ask a lawyer that specializes with Visa applications, though we might not afford one right now. Any information and help is highly appreciated. I hope I could explain myself clearly.

    My fiance had been away from USA since the 9-11 incident, and had been living and working to different Asian countries since then. He lived in the Philippines in 2009 and had been working under a company. However, he only had a tourist visa that they renewed every few months, and he had to go out of the country at least once a year. He did not get any benefits, or any tax deductions. We met March 2010, and been living together since October 2010. He went back to the USA last September 2014. He already thought that he would be living here in the Philippines with me and not go back to the USA. However, due to the company not needing him anymore, and the difficulty for him to find a job here (given his age), he had to go back to the USA. It was a very hard decision to make as we do not want to be separated from each other (that is what LOVE does, ^_^), and that was the time we decided that I should apply a K-1 Fiance Visa (we have already been thinking of getting married for quite a while), get married, and be together again.


    I have some questions regarding on the requirements for the petition and interview.

    1.
    As for proof of relationship, we do not have letters or emails as we have been living together, and been only exchanging text messages instead (which we do not have anymore as we both lost our phones T_T ). These are what I think we could be as proof of our relationship and that we met in the last 2 years:
    *We have photos together (which has datestamps from our FB pages, that we can have it printed and copied)
    *Our emails since he left
    *He also got confined in the hospital here, and I could request for copies of his hospital records.

    Do you think these would these be enough?


    2.
    *Do I have to tell them that he only had a tourist visa but had been working here, or only if asked?
    *And if asked and told them he only had a tourist visa, would they question that, and might be a possible reason for my visa to be rejected?

    I am thinking that this is important since first, they will ask when and how we met, and second, how we lived as a couple for the past years we are together.


    3.
    My fiance just started working November 2014 and is already in the process on filing documents for his tax information. Based on what I have read online, he would need to pass his ITR for the recent year for an Affidavit of Support

    *If he needs an ITR for an entire year, then he could get it by 2016, right? So do we need to wait until 2016 to file for a petition (from what I know the Affidavit of Support is only needed during the interview, but we would like to be ready with any documents prior filing for a petition)
    *Is there a quarterly ITR that he could get and we could submit as a requirement?
    *or are there other forms that can be submitted for an Affidavit of Support?


    **** ***
    So far these are the things that are still unclear for us. Thank you for taking time to read, and hopefully to hear from you!

  • #2
    Pmposadas,

    You're over-analyzing. The petition-filing requirements and the later sponsorship requirements are separate priorities, and will be handled independently of each other.

    Your partner will have ample proof of meeting you within two years, based on what you describe below. Nobody at USCIS or the U.S. Embassy will be concerned with his visa or employment status while he was in the Philippines, so long as his sponsorship documents will reflect an income tax return filing for the most recent income tax year, and he provides proof of current employment of which the income will annualize to meet the sponsorship income requirements.

    --Ray B

    Originally posted by pmposadas View Post
    Good day to everyone.

    We are a couple (me, a 26-yr old Filipino, and him, a 56 yr old American) that is planning to get married in the USA and be together. We are a gay couple, and from what I understand, Visa application now recognizes same-sex application/marriages.


    I have some questions as we are planning to get me a K-1 Fiance Visa. We are reviewing all the details that we can find online. We would love to ask a lawyer that specializes with Visa applications, though we might not afford one right now. Any information and help is highly appreciated. I hope I could explain myself clearly.

    My fiance had been away from USA since the 9-11 incident, and had been living and working to different Asian countries since then. He lived in the Philippines in 2009 and had been working under a company. However, he only had a tourist visa that they renewed every few months, and he had to go out of the country at least once a year. He did not get any benefits, or any tax deductions. We met March 2010, and been living together since October 2010. He went back to the USA last September 2014. He already thought that he would be living here in the Philippines with me and not go back to the USA. However, due to the company not needing him anymore, and the difficulty for him to find a job here (given his age), he had to go back to the USA. It was a very hard decision to make as we do not want to be separated from each other (that is what LOVE does, ^_^), and that was the time we decided that I should apply a K-1 Fiance Visa (we have already been thinking of getting married for quite a while), get married, and be together again.


    I have some questions regarding on the requirements for the petition and interview.

    1.
    As for proof of relationship, we do not have letters or emails as we have been living together, and been only exchanging text messages instead (which we do not have anymore as we both lost our phones T_T ). These are what I think we could be as proof of our relationship and that we met in the last 2 years:
    *We have photos together (which has datestamps from our FB pages, that we can have it printed and copied)
    *Our emails since he left
    *He also got confined in the hospital here, and I could request for copies of his hospital records.

    Do you think these would these be enough?


    2.
    *Do I have to tell them that he only had a tourist visa but had been working here, or only if asked?
    *And if asked and told them he only had a tourist visa, would they question that, and might be a possible reason for my visa to be rejected?

    I am thinking that this is important since first, they will ask when and how we met, and second, how we lived as a couple for the past years we are together.


    3.
    My fiance just started working November 2014 and is already in the process on filing documents for his tax information. Based on what I have read online, he would need to pass his ITR for the recent year for an Affidavit of Support

    *If he needs an ITR for an entire year, then he could get it by 2016, right? So do we need to wait until 2016 to file for a petition (from what I know the Affidavit of Support is only needed during the interview, but we would like to be ready with any documents prior filing for a petition)
    *Is there a quarterly ITR that he could get and we could submit as a requirement?
    *or are there other forms that can be submitted for an Affidavit of Support?


    **** ***
    So far these are the things that are still unclear for us. Thank you for taking time to read, and hopefully to hear from you!

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