Petitioning Later, is a much SLOWER process

What most couples do NOT know, is that petitioning for the children later, is a much SLOWER process. Currently the wait is 3 to 4 years. The time needed, is based on changing annual immigration quotas.  And until recently it was even slower: 4 to 8 years. What it will be next year is not yet known.

Don’t  separate Mother from Child

As a matchmaker I advise any new husband who hopes for a happy marriage,
to avoid separating a mother from her children for such long times.

The most important thing to know, is that if the children are eligible,  their permission to enter the USA will be approved JUST AS FAST  as the Mother’s visa is approved. If however, the  Mother enters the USA, and then the children are applied for, the time needed for approval for the Children is much longer. Depending on the the country they are coming from, the current delay is about 3 to 4 years, from the time the mother applies, which is AFTER she gets her Green Card.

The reason Mom and child together are processed much faster than Child alone is because of who is the official sponsor of the petition. If an American citizen sponsors his Fiancee and her child, or his new Spouse and her child, the US Government extends to the US citizen a ‘courtesy’ by expediting his request. Fiancee visas currently take 5 to 8 months, and Spousal visas take 12 to 14 months. For the husband and wife these seem like long times to wait. But as far as immigration is concerned these are quite fast processing times. The American citizen whether he appreciates it or not, is getting special treatment.

No Expedited Service for Legal Permanent Residents

After the mother has entered the USA, marries and receives her Green Card, she is now a ‘Legal Permanent Resident’. She is allowed to live in the USA
but she is not a US citizen. If the children are applied for later, it is NOT the
US citizen step-father sponsoring the petition, but it is the Mother who is THE official sponsor. Since she is only a ‘Legal Permanent Resident’, she is not entitled to ‘expedited treatment’. Her request is lumped in with all the other brothers, sisters, parents, cousins, etc from her country who want to immigrate to the USA. Each year quotas are set for how many immigrants from each country are allowed in. Each year the quota changes, and each year the processing delay time varies up or down.

Fiancee Visa Petition easily includes Children.

The Fiancee Visa petition is specifically designed to easily include dependent children (under the age of 21).  There is no extra charge when filing the I-129F petition to USCIS ($340 with or without children). The children get approved as quickly as it takes for the mother to be approved, only 5 to 8 months. The child does not have to travel immediately with the mother and can join her in the USA up to a year later.

Spousal Visa is NOT Child Friendly.

The Spousal visa CR-1 is a request for immigration, for one person only, the spouse of the US citizen. If there are also dependent children to immigrate (under the age of 18), the US sponsor must submit additional I-130 petitions,
one for each person (Mother plus each child). The cost is $350 to USCIS per individual. The petitions if submitted together, should be processed and approved together, in only 12 to 14 months. The child has 6 months after issuance of the visa to enter the USA.

I recommend:

Include the children at the time you apply for the mother. Don’t start your marriage off on the ‘wrong foot’ by separating mother from Child.

Due to its faster processing time, and its ease to include the children, I recommend getting engaged, applying for a Fiancee Visa, followed by marriage in the USA. If  ‘alone time’ is needed, the children can begin their trip to reunite with the mother up to a year after her Fiancee visa is granted.

To recap:  The US sponsor must demonstrate he has adequate income (or assets) in order to convince immigration he can keep his wife and family off of welfare, or if his wife goes on welfare, he has enough wherewithal so the Feds could ‘bill’ him for the welfare expenses.

The beneficiary, Fiancee or Spouse, must submit to immigration the affidavit of support of her American fiancé or husband, with proof of his income.  The K1 Fiancee hand carries these to her consular interview. The CR-1 Spouse mails these to NVC. The Green Card spouse mails these to USCIS

As most US sponsors are regular full time employees, his income proof is most likely his recent Federal Tax Return 1040, 3 to 6 recent pay stubs (showing year to date earnings) and a letter from his employer stating the terms of his employment.

When the US Sponsor is a regular employee, and he has the standard proofs, the review of his documents is quick and simple.  Within a few minutes the reviewing officer ‘ticks off’ he has seen the required documents and confirms that the sponsor has demonstrated financial eligibility.

But there are also cases where is not so ‘cut and dry’ and a more intensive review and possibly a ‘judgment call’ by the consular officer may be needed.

Self Employed

When a sponsor is a sole proprietor, independent contractor and owns his own business the proof of his income is generally more complicated. This is due to the fact that a small businessman will try to avoid paying taxes by deducting as many expenses as he can. This is both legal and prudent but it usually means that his Adjusted Gross Income (line #38) shown on his 1040 tax return is as low as he can make it.. In presenting income documents the ‘trick’ is to keep your evidence simple and to explain in ‘easy to understand’ terms what your real income would be if you were an employee, not the owner. You want to present what your gross income would be if you were not the owner and not able to use the deductions that you did.  Usually this means enlisting the help of your accountant or bookkeeper to write a letter to clarify the evidence you provide.

Employed, Unemployed, Retired

When reviewing your income, Immigration attempts to forecast whether your income will be adequate not only today but will continue to be sufficient over the next TEN years.

Income was under the requirement last year, but OVER this year

Your present income has the most weight. If your income was low last year (you were a student, unemployed, disabled) it really won’t negatively effect you, as long as this year you have a solid permanent employment, have been on the job at least three months, and    your income to date (shown on your pay stubs)  shows you are on track to earn in excess of the eligibility requirement by the end of this year.

Income over the requirement last year, but UNDER this year

If the reverse is true: your income was good in previous years but now you are unemployed or a student, etc,  you have a ‘Hard Sell’ to convince immigration you  meet the financial requirement.  If you do not want to use a co-sponsor, or are not permitted to use one, then the best you can do is adjust the timing of when you submit your petition.

If you have taken up PERMANENT residence in the Phil. (you will need to prove it). Then you can apply directly to the US Embassy. This is called a direct consular filing.

The process for Philippines Fiancee or Spousal visas, recently is moving along nicely and I have seen couples get their visas in as fast as 5 to 8 months.

The preparation of the petition is more complicated than just completing forms at DMV for a drivers licence. In addition to filling in the forms correctly, you must also submit a lot of supporting documents, like birth certificates, divorce decrees, etc. Plus convincing proof that the relationship you have is “bone fide”. It is pretty unlikely that you would have carried all of that with you on your trip to the Phil, so probably you will have to return to the USA in order to complete the petition package.

As a matchmaker, I believe that “what is meant to be, will be”. So it is not a big deal that you will have to wait a few extra months before you submit the petition. Important is that you do a proper job the first time. This is how to bring her to the USA the fastest.

Since your husband is not living in China, he will not be asked or required EVER, to visit the US Embassy.

The process to apply for a CR-1 starts in the USA. A petition called the I-130 will be completed by your husband. When he sends this to the US government, he MUST provide many, many documents. Some are used to prove identity and citizenship. Some are used to prove that you have a real marriage.

One documentation will be for your Husband to prove he is a US Citizen. Normally he will attach a copy of his birth certificate or passport (every page).

So when he starts the application, he will (MUST) include the documents, and MAIL them in to Immigration.

No trip to China. No visit to the Embassy is needed. No birth certificate required. He has his passport. That is all the proof needed.

What you should do is ask your Husband to file for a spousal visa for you. It may take about 8 months to be granted. While it is pending, you can still use your visitor visa (as long as it still has time left) and come and go. Then when your are scheduled for your interview at the US embassy nearest your Canadian residence, you attend the interview and get your visa.

The Visa to a apply for is a CR-1, conditional residency. The good news is that when it is granted you are also granted your green card, so you can come to the USA, rejoin your husband and go to work straight away.

In the mean time, DO NOT do anything to violate the terms of your visitor visa. Do not overstay, do not illegally work.