With the advent of the online dating site, Filipino-American online relationships which later led to engagements and or marriages become a popular trend in the Philippines nowadays. This stated trend results to the current migration of Filipinos especially our loving and stunning Filipinas to the US using K-1 Fiancee Visa or K-3 Spouse Visa. The process however, is not that easy as it requires a lot of documentations and instructions to follow. As we are aware of, U.S.A. has rules and financial requirements for the petitioner to meet.
According to the 2009 Poverty Guidelines, the petitioner must earn income in the amount of 125% of the poverty line for the number of people in his family (which includes him, his fiancée or wife and any of her children that will be accompanying her to America).
If the visa petitioner’s household income is not sufficient to meet the requirements of INA section 213A and 8 CFR section 213a, INA section 213A permits a joint sponsor to sign an affidavit of support, in addition to the affidavit of support signed by the visa petitioner. A joint sponsor is someone who is willing to accept legal responsibility for supporting the petitioner’s family member with him. He/she must meet all the same requirements as the petitioner, and he/she doesn’t need to be related to the petitioner. The petitioner, however, cannot combine his income with that of a joint sponsor to meet the income requirement. A joint sponsor therefore may, however, submit a completed and signed Form I-134 with all necessary documentation.
Conversely, there are cases from some US Embassies wherein Joint Sponsorship is no longer allowed. The bottom line is that the consular officer has the discretion to allow or disallow joint sponsors and to find that the petitioner can or cannot support his fiancée or wife. If the US Embassy does not accept this joint or co-sponsor, the consular officer will inform the beneficiary (fiancée or wife) and will require the petitioner (U.S. citizen) to produce additional evidence of income or assets. Tips on how the petitioner can add more evidence of income or assets:
1. He must present future job offers in the US showing salary offers that meet the income requirement.
2. He can get another job aside from his present job here in the Philippines to meet the poverty guidelines income requirement.
3. He can go back to the US, and accept the job offer with the salary that meets the income requirement.
4. He can ask his parents or any relatives to put more money in his bank, and request for an updated
5. He can show properties under his name such as houses, lands, buildings, etc.
6. He can also present stocks, bonds, CDs, retirement and or trust funds, insurance policy, etc.
In a similar case where the petitioner had not filed tax returns and had made a small salary for the last 4 years (he was in the Peace Corps and then remained in the Philippines after his service ended), the US Consular officer interviewed the petitioner as to whether he would be able to support his fiancée. It was, as we understand, very similar to a job interview. The petitioner proved that he was employable in the USA and the US Consular Official issued the K1 visa. The US Consular Official did not consider the Affidavit of Support filed by the petitioner’s father.
The general rule of thumb is that the value of his assets (divided by five) plus his income should equal or exceed the poverty income requirement.
