k1 visa and her son

[jpac876]

hey guys! couple questions regarding my fiance and her son:

heres our situation:

my fiance and i are planning to finally apply for her k1 fiance visa at the beginning of july. She is from the philippines and we met almost 1 year ago while i was studying abroad in manila. Anyway, im done with school now and we're planning to get married. I'm 24 with a new job that is projected to earn me about 30-35k per year. Shes 26 and works as a supervisor for a call center in the makati. Heres are the issues.

1. I currently don't meet the minimum income requirements at the moment, Since during the last 6 years, i have been a student none of my previous tax returns show sufficient income. Also since i had been studying abroad for the past year, i have no income whatsoever from june 2008 - may 2009. however with this new job, i will definitely exceed the minimum 125% poverty level (just not by the end of this year). I've been told by some people and noteworthy attorneys (tod schlosser) that it is indeed possible to use co-sponsors (close friend or relative). Schlosser was almost arrogant in his insistance that i would be able to use a co-sponsor. Then also, i've read and heard from other attorneys (allan and lolly) that the philippine USE will NOT accept co-sponsors. Should we just go with Schlosser and cross our fingers?? I don't know what to believe or go by? so any help with that would be awesome! =)

2. My fiance has a 2 year old son from a previous relationship (they were never married). We decided that maybe it would be best that in order to ensure financial stability for her son, it would be best to only include her in our k1 visa petition. Then after she is able to find a job and we can establish ourselves financially in the states, we can start working to immigrate her son here. In order to avoid further conflicts with income requirements, would it be better only to include her in the k1 visa petition? what are our options for bringing her son along without having to file for the both of them at the same time in the k1 petition? Im pretty open to all other options and if we have to go through the k2 route, then that would be ok as well. However, if there are any other options (different petition, visa, etc.) available after our marriage, let me know. T

thanks again for all ur help =)

-J

[kprettypaul]

In your case the K1 is a better path to take because with the K1 you only have to prove 100% above the poverty line However, when your girl enter the USA and you both get marry that is when you have to prove 125% above the poverty line from the AOS APPLICATION I would included your girl son on the petition because on the G325a they will asked if your girl has any children and if you don't include your girl son then that would concluded that you lied and that my friend is fraud. Another thing is that your girl will have to get permission from her son's father to give up his right in order for him to enter the USA on the K2 visa. I don't think a mother would want to leave her son. Do you have any money in the bank or own any assets that can add up to a 100% above the proverty line? You can always get someone to co sign for you to meet the income provery line best of luck