What are the eligibility requirements for financial assistance by the us embassy

[Rain44]

2 hours ago, jpbago said:

Do you need to have employment in the USA as well as money in the bank? I see that you have asked the American Embassy in Manila for financial assistance for yourself and now you plan on bringing two Filipinos to the USA.

I think as long as I am not under the poverty line. Which in California and Hawaii is anyone who has less than $25k. The most other states is less at $18k. I do plan to work in Silicon Valley once I arrive. I'm also a network engineer. I did not end up going to the embassy to ask for financial assistance as the comments and suggestions here discouraged me to do so. I plan on only working on the fiancee visa, my son is already an American with a passport. I need someone to be his mother in the states so i can go and work etc. Also would not want him growing up without his mother either. We don't have the best relationship but it's a better future as a family than here. Theres more details in my situation but this is the gist of things.

[KC813]

19 hours ago, Rain44 said:

My question is this, I have a misdemeanor charge of domestic disturbance over 15 years ago. I was not convicted of any crimes. I see on my I-129f application that I need to report any arrests even if it's cleared or thrown out. I am very wary of this. If I report yes, will that effect my chances of being approved? It's an old case, no conviction, thrown out case, the only arrest I ever had in my life. If I don't report it will they dig it out and that backfires on me? or report it and that also stops me cold ?

 

They are asking because of the Adam Walsh Act in 2006.  The US gvnt can deny these petitions now if the US citizen has been convicted of certain offenses against a minor.

For a fiance petition, an arrest and/or conviction for domestic violence is not a ground for denial as long as the victim was not a minor.  The reason the form now asks about any serious criminal arrests and convictions is because the consul must give this history to the fiance at the visa interview.  Supposed to protects the fiance from petitioners who may have a violent past.

 

[KC813]

10 hours ago, Rain44 said:

I think as long as I am not under the poverty line. Which in California and Hawaii is anyone who has less than $25k. The most other states is less at $18k. I do plan to work in Silicon Valley once I arrive.

An affidavit of support is no longer required for a Fiance visa, but the consul does need some indication that you have sufficient income or assets to support your fiance.

The affidavit of support based on certain poverty calculations you mentioned is filed when your lady applies to become a permanent resident.  For a household of just two, you have to meet 125% of the 2017 poverty level, or US$20,300 for all states except Alaska and Hawaii). 

Also, the US$23,000 refers to "current income".  If you are just using assets, the minimum would be $69,000.

 

They make this way more complicated then need be. 

 

[Nickleback99]

Having worked in law enforcement for 31 yrs, I can tell you that although the record is expunged, etc, it will Always be in NCIC data base for the arrest; so, bottom line, report it. 

[Rain44]

3 hours ago, KC813 said:

They are asking because of the Adam Walsh Act in 2006.  The US gvnt can deny these petitions now if the US citizen has been convicted of certain offenses against a minor.

For a fiance petition, an arrest and/or conviction for domestic violence is not a ground for denial as long as the victim was not a minor.  The reason the form now asks about any serious criminal arrests and convictions is because the consul must give this history to the fiance at the visa interview.  Supposed to protects the fiance from petitioners who may have a violent past.

 

This is good news then. No minor. Yes my fiancee knows about it. Makes more sense now. Thanks you really know the details of the K1 visa. Have you brought someone to the US already? What was the total spent and how long did it take ? Any further advice or info is much appreciated. Really helpful thank you!

[Rain44]

2 hours ago, KC813 said:

An affidavit of support is no longer required for a Fiance visa, but the consul does need some indication that you have sufficient income or assets to support your fiance.

The affidavit of support based on certain poverty calculations you mentioned is filed when your lady applies to become a permanent resident.  For a household of just two, you have to meet 125% of the 2017 poverty level, or US$20,300 for all states except Alaska and Hawaii). 

Also, the US$23,000 refers to "current income".  If you are just using assets, the minimum would be $69,000.

 

 

 

They make this way more complicated then need be. 

 

 

 

So affidavit is not required but I still need to show income. Does this mean potential income that leads to $23k annually ? I have only my freelance work online no assets. I can show the potential of earning more than $23k and we will be staying with relatives. Since no affidavits are needed then maybe showing current work earnings may be sufficient ? Showing previous work history in the states as a network admin for $60k+? I can show that once I work I can meet the $23k criteria, but currently in the PHL the freelancing barely does it.

It is complicated. But I understand it's for extreme vetting now. 

I was suggested to go there first with my son then get the fiancee later, but I also don't wish to have my son away from his mom and may take a year to get all these requirements. 

Thanks so much for the detailed information you provided. I will look into these further. Right now I can't afford an immigration law expert (charges $9/minute as per my research)

[robert k]

2 hours ago, Rain44 said:

 

Thanks so much for the detailed information you provided. I will look into these further. Right now I can't afford an immigration law expert (charges $9/minute as per my research)

 

I really think you could find a lawyer cheaper than that if you really need one. If you can call $100 an hour cheap. I would try to do things on my own, following instructions and asking questions to the the point where they might wonder if I were a bit thick. If it saves you a month or starting over entirely, there are no stupid questions.

[KC813]

The Fiance form is easy enough to do on your own (despite now being 13 pages long!) but it never hurts to first talk to a lawyer to explain not only the process, but the true legal requirements that apply to your specific situation.  A good question might be if, since you are already in the PH, whether it is better to just get married there and do a spouse petition.  It takes a couple of months longer, but saves some money.

In your case, it sounds as if you are going to have to come up with a plan to deal with the later affidavit of support.  Living as an expat with irregular foreign income, as many do, can create a few hurdles to jump.  Here’s the basic issues some people must face in such a situation.

With a few exceptions, the petitioner MUST always file an affidavit of support, no matter what their income.  If the petitioner does not meet the financial requirements, they can have someone else in the US file a 2^nd affidavit, but the petitioner must still file a complete affidavit.

The petitioner must list on their affidavit his gross income for the last three years as shown on the US tax returns, or provide a written reason why they were not required to file a tax return.  ‘Ay, there’s the rub’ for some expats who failed to file their taxes, or if they did file, didn’t claim the self-employment income and pay ss taxes.  

 

There’s one other glitch with expats and Affidavits of Support.  The affidavit is a binding contract between the signer and the US government.  In order for a US court to have jurisdiction to enforce the contract, the signer must be ‘domiciled’ in the United States.  This is normally only a problem with a spouse visa, sometimes causing the US citizen to return to the US first to establish ‘domicile’.  However, often it is enough to just show that you have a place in the US to stay, opened a bank account and have a job offer.

I think I may have rambled, veered off topic, and definitely put myself at risk of banishment for being boring.

[AlwaysRt]

3 hours ago, KC813 said:

A good question might be if, since you are already in the PH, whether it is better to just get married there and do a spouse petition.  It takes a couple of months longer, but saves some money.

Being in the Philippines over 6 months qualifies for Embassy processing (for the actual program name) of spouse visa. Last I heard they were being completed in less than 3 months.