QUESTION
Do you think they will approve my petition?
Asked on May 24th, 2013 on Immigration - California
More details to this question:
My fiance and I know each other since we are little kids. We also have a 2 yrs old daughter. The last time I saw him is April 2010 and today is already May 2013. It is passed the 2 yrs limit. I didn't have enough money for fare to go back in the Philippines but me and my daughter is planning to visit there on Nov. Do you think they will approve my petition? Also I will ask my step dad for co-sponsorship since I am a stay at home Mom. Thank you.
4 ANSWERS
You did not provide sufficient information to answer the question. However, I am assuming you are asking about a petition for your spouse (Form I-130), which you must go and marry him first, and having a child in common, the likelihood of approval is very good. But if you are talking about a fiancee petition (Form I-129f), you must provide evidence of last trip and your child's birth certificate, and it should also be approved.
Answered on May 28th, 2013 at 11:01 AM
When did you file the fiance visa petition? If you filed it within the 2 years of seeing your fiance , then it has a good chance of being approved. If you have not yet filed the petition and it has been more than 2 years since you saw each other physically, then it does not meet the requirement for the fiance visa petition.
Answered on May 27th, 2013 at 8:31 PM
You can marry him in November and apply I-130 for him. I assume you are a citizen.
Answered on May 27th, 2013 at 7:53 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Do not bother to apply until after you visit him again as the 2 year rule is strict. If you want to get married over there you could petition for him to come as an immigrant and he would have the right work when he enters the U.S. If you decide to do this or the fiance we can prepare documents for you to take with you and get signed to save time.
Answered on May 27th, 2013 at 7:50 PM