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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94681
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Our daughter in law is Filipino. After a 10 year long distance

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Our daughter in law is Filipino. After a 10 year long distance relationship, our son went there and married her in Dec. 2012, with the intention of bringing her here as soon as possible. She is going to have a baby in the middle of September and we all hope she can be here before that. He has been trying to do find what is necessary and to start the process but has been mostly unsuccessful. He's working extra hours to help to achieve this goal but that leaves little time to do what needs to be done, so we, his parents, have volunteered to make inquiries and gather some information. He is concerned that his income may not be adequate to meet any criteria in place. What financial standards does he need to meet? We would be willing to sponsor her or assist in some other way if it would help to have our grandchild born here and for this new family to be together. This baby is wanted and will be well cared for and loved. Our daughter is a labor & delivery nurse and will be a great source of advice and support as will the rest of the extended family. Incidentally, he is in Illinois. We recently moved to Nevada. Most of the family is in Illinois. Can you help us? We're aware that time is of the essence since September is not that far away.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


So you mean he has not filed anything for her yet? And how many people does he claim on his income taxes including himself? And how much does he make per year?
Customer: replied 1 year ago.


I can see that I need more information from my son before I can answer you with confidence. He is middle aged so we don't keep track of all his activity, however I do know that he only claims himself as of last year. He is sending her money to live on (she lives with parents on a farm) and is paying doctor bills so I'm sure he will be claiming her (and baby) this year. She lives with her parents on a farm. He said he filed something in March (sorry don't know what it is called). I will get better information but for now I think it was the first papers needed to start immigration process?? He has been a self employed painter for many years but now is driving a cab full time and says he's "making a living". Last year he made approx. $20,000.00 and has health benefits through the VA.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, $20,000 per year is enough if it is just him and her. He just has to prove that he makes about that amount, maybe a little less and he does not need a Joint Sponsor.

He has two ways to get her here and neither is quick:


1) The K-3 spouse visa takes 6 to 9 months. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after she enters the U.S., she must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once she enters the U.S., she enters as a Resident and she does not have to file (or pay for) an I-485 nor does she have to attend an additional interview. She just gets her green card in the mail a few weeks later.

So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that she can use to enter the U.S. while that process is pending. She will most likely have to wait outside.

Here is a link to all three:

http://travel.state.gov/visa/immigrants/types/types_1315.html

So IF he filed a K-3 for her in March, she MIGHT be able to get into the U.S. by September, but I think it highly unlikely. Even if she were to have the baby outside, the baby will be able to immigrate and receive U.S. Citizenship.

And here is a link to how much he has to make where you would look at the 125% column:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73c63591ec04d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

IF he does not make enough, then he will need to find a Joint Sponsor to also file an I-864 along with his I-864 and that Joint Sponsor can be any U.S. Citizen or U.S. Lawful Permanent Resident that makes enough money and is over 18. It does not have to be a family member nor household member.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94681
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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