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NutMagnet

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Posts posted by NutMagnet

  1. "C'mon! HIT ME - send me to the shelter!"

    Which I couldn't do as I was always busy picking up all the stuff from the overturned bookcases before it was trampled upon, plus being distracted and hurt by such repeated, loud, out of nature behaviour, is enough to make one's head spin. For three months this ####### went on, every other day.

    Forget the air ticket to Florida. Send her HOME and tell her that you will send her to Florida after you have time to think and save money. Something like that, much easier to deal with when she is out of the country.

    Write the USCIS and withdraw and disavow your obligation to act as sponsor under the I-864 Affadavit of Support. Contrary to the misbeliefs regarding withdrawing sponsorship on this site, it is quite feasible with a simple letter, prior to the issuance of her 10 year green card.

    Permanent Residency can not be adjudicated without an Affidavit of Support. So withdraw it.

  2. Any advice on filing US taxes when your spouse lives outside of the US and has no social yet?

    I think I am required to file as married, since we maried in Dec, but not sure how to handle this.

    I think the 2555 form is only for US citizens or residents, so not sure if I am suppose to include his foreign income or just file marry filing separately?

    Somone told me married filing separately is the worst way to file for exemptions, etc.

    Anyone familiar with this?

    thanks,

    Karen

    You file for an ITIN number in place of a social Security number by sumbitting a From W-7

    A couple of links:

    http://www.irs.gov/individuals/article/0,,id=96287,00.html

    http://www.thetaxguy.com/itin.htm

    Married filing separately typically is the highest tax rate. Filing jointly you most always can take you foreign spouse's general deduction as well as your own, roughly another 5 grand you won't pay tax on.

  3. Another thing I'd like to add is sometimes my wife engages in behavior that is unacceptable. I'd prefer to not go into details, but it's things that I ask her to stop, but she continues doing. What can others say about the effectiveness of threatening to cut off financial support to her family if she doesn't cease to engage in unacceptable behavior?

    Like punishment?

    Idle threats show weakness, actions are effective. Whatever money you save by not feeding the bears will cost you 2X fixing the damages caused by a new level of unacceptable behaviour.

    Some things just don't work out, and this show is over. Cut your losses and don't do it again.

  4. Yes, she can go to Honkers on Cebu Pacific on her Philippine passport. Be advised that many find Cebu Pacific's web site impossible to book via credit card. Only one out of six of my US issued credit cards, a Master Card works.

    Also know that that Cebu Pacific has a 15kg limit and you will be socked for P400/kg over limit. You can prepay for your excess baggage in 5kg increments online and at a discount. Carry on baggage limited to 7kg and YES they have a scale at the gate. Bring cargo pants and a fanny pack to stuff the extra things, then reload your carry on while whistling down the jetway.

    Cebu Pacific just loves to change departure times with no notice given to ticket holders. They also cancel fights if not sufficiently full. No compensation offered and the next available flight may be days away, if there is a difference in the fare, you will be paying that too. Getting a refund is like pulling teeth and nearly impossible is the ticket was paid in cash.

    All things considered, best to use a US airline to get her out of the RP and into the states. Forget Cebu Pacific altogether.

  5. When the lie is too big.......

    I understand the holy hell you are going through. You are not the first foreigner who has been duped by a Filipina.

    Call the ICE Hotline, they are there 24/7, best to call off-hours for less wait time. Stress "immigration fraud" in your report, if you feel that to be the situation. You can always call them back to "update a previous complaint" as more information comes to your knowledge. They will follow up in due course.

    In the meanwhile, you have to decide what you are going to do. I suggest talking to an attorney specializing in both family law and immigration. You need to develop an exit strategy to protect your finances and legal rights. You can fully expect a restraining order filed against you at some point. All she has to say is "I'm scared of him" and her woman's rights advocacy firm will fill in the blanks with crafty, well-known language and terminology to make you look like the meanest SOB on the planet.

    Do not attend any court hearings without representation - you will lose harder in Family Court without an attorney. How can the judge prove she isn't scared, and deny her a restraining order? Her advocate/attorney will do the talking and she can simply answer "yes" when asked by the judge.

    She is already hanging out all night with Filipinos in the karaoke bars, bad friends who value marriage themselves to the extent that they encourage a married woman to stay out and party while her husband is home. You can bet that they have already coached her on how to dump you, get a restraining order, get you kicked out and take control of your own home, all at your expense. Its a scam that happens every day.

    Keep taking copious notes and build a time line of past events, dates, times and things she has done or said. Put it on paper as they come to mind.

    Her buying new and expensive fashion accessories and other junk in excess of known budgets is a clue that she is trying to hoard as much as she possibly can before it hits the fan. If you tell her no, she can claim abuse as you are controlling the family resources, which includes using credit cards!

    You need an attorney. CYMFA

    http://e-census.com.ph/ is a site where you can order Philippine birth/death/marriage records online. It can take up to 6-8 weeks for delivery. You need to provide exact information for the best results. Best is to have a Filipino attorney go in person to the NSO office on your behalf to obtain any documents available on her previous marriage and child. He will be able to have the clerks in the NSO check for variables in dates, etc.

    Check with your local civil court rules of evidence regarding foreign documents. Chances are that any foreign documents. live births, certificate of marriage, etc. will need to be authenticated by the Philippine Department of Foreign Affairs (red ribbon copy) and also by the US Embassy in order for them to be admitted as evidence in Family Court. There are travel agencies in the RP who can take them there and get this done for you for a very reasonable cost.

    Some questions, what type of visa did she arrive on, did you marry in Philippines or US? What is her current green card status, 2-year Conditional or 10 year LPR? There may still be an opportunity to withdraw and disavow your obligation at act as her sponsor.

    The USCIS is on your side. Family Court is not. Remember that police, county attorney, family civil court, will avoid anything to do with immigration matters, or make any rulings that would interfere with her immigration status. Moreover if the USCIS gave her a visa, based upon their determination of her legal capacity to marry you, your local civil court has no jurisdiction to overturn that decision and grant you an annulment based on marriage fraud. DHS/ICE/USCIS has their own way to deal with that.

    Lay low, get with a local attorney to work out a strategy to protect yourself, legally and financially NOW. Be pro-active in obtaining copies of her foreign documents. Consider hiring a good Philippine attorney in the RP who can organize a field investigation and obtain photos and affidavits from those who have information about her child and husband.

    Additionally, get yourself a free Google Voice phone number for voice mail and rent a PO Box for post mail that is best not delivered to your home.

    PM me for any questions.

    NM

  6. Non US citizen spouse widows typically quality for 50% value Social Secuirity survival benefits paid monthly. If he never made a Last Will and Testimament "A Will", Typically his assets first go to his spouse, if no spouse - then split between his children (who if under 18 also may me entitled to Social Secuiity survival benefits also ), then to his parents, then the rest to his estate as determined by the court.

    Any insurance policies not in your name as beneficiary, you "may" have a claim to as well, even if he never changed over the beneficiary name over to you. He may also have a personal life insurance policy and maybe also through his job and/or union, and his bank.

    You need a good lawyer in the USA to look after your rights and retrieve due benefits as his surviving spouse. The US Embassy, Manila may be one of your fisrt phone calls to make. Look on ILW.com for a list of lawyers in the Wisconsin or Chicago area or another route would be any USA attorney who speaks Filipino. The attorney needs not to be in the city where he lived.

    Being a new marriage interrupted by tragedy, you should at minimum beable to receive survivor benefits from his Social Secirity. His family in Wisconsin also has incurred losses of the heart and also expensive financial costs over the passing of their loved one. They will need to pay his bills from his estate funds, and bank accounts.

    I am sorry for your loss and disappointment.

    NM

  7. There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.

    BS. Coming to the USA on a visitor's visa with the previous intent to marry is circumenting immigration laws. There are different classes of visa for each purpose. Knowingly or willfully using one type of visa for the purpose of another is flat out, fraud and misrepresentation.

    Furthermore, you know better and you know that it isnt right, "as long as there is no misrepresentation, for example, at the border or on the original visa app."

    So when the CBP officer asks the point of entry "What is your propose in the USA" and the answer is "Toursim" but leaving out the part about being so clever and forgetful to mention the "getting married" part amounts to a half-truth, and a misreprentation of intent.

    So if they they do not ask "ARE YOU GOING TO GET MARRIED WHILE ON THIS VISITOR'S VISA?" and nothing is mentioned on the application for same. Then in your mind its OK to be granted the privilege of visiting the country as a tourist, and not that of an intending immigrant?

    It will catch up to you. Big brother is reading this board also.

  8. Hi everyone :) I've been reading all morning and still can't find specific answers to my questions, so I'm hoping some of you can help me. I'd like to get as many documents and requirements out of the way as soon as their available to me along the way (as we all do). I've read about James' shortcut and LingChe's as well. Have any of you used either method to speed things up? Compared to other countries, the Philippines immigration process seems to be a much easier road so I wondered if either of these shortcuts were warranted?

    As far as documents go, can I get these done now or do they need to be completed after they're requested to insure they are the current forms? I could have her download/go get the forms I'll need from her now if they will still be timely when they're asked for.

    I-864

    DS-3032

    DS-230

    NBI and police clearance

    I know these topics have been beat to death, but the answers are spread out over acres of text and I can't seem to find a spot where they're all answered. I plan to put her packet together for the interview and overnight it to her so I'm trying to stay ahead of the game.

    Thanks everyone!!

    Most of the above have a validity between 6-12 months. How about, getting everytying ready now, and then when the the time comes, review them for any changes and then send them out poste haste?

  9. If I recall correctly, you as a Philippine citizen were Petitioner on your last USA divorce, which is not recognized under Philippine law, hence you are still married in the RP.

    Now you are hoping the USEM MNL will let you slide through with full disregard for the laws of your country and give you another Fiancee Visa while you are still married under Philippine law.

    It is because of people like you, that.......................

    Good luck and God Bless

    Your Friend,

    NM

    Why would the USEM care one way or another if the Philippines government recognizes the divorce? If you are legally divorced in the country you are applying to go, then you should treated like anyone else that applies for a KI visa, that has married, divorced, and wants to remarry again.

    It has always seem rather unfair to me, that they will only recognize a divorce if initiated by the foreigner. I know of several foreigners that has use that law, as leverage in deciding by who and how the divorce gets filed.

    Because according to local law, they do not have the legal capacity to marry. USA is a land of morals, fear of the law, and not one of overt corruption.

    If you have the capacity to marry, that would meet one of the eligibility requirements necessary for the visa. if a Filipino initiates divorce in another country the RP government will not recognize it. It must be annulled prior to becoming eligible for benefits under the USA K1 Visa.

    Unfair agreed, there are only three countries which have such problems with foreign divorce laws.

    When the law is on your side you certainly have the right to exercise your exceptions accordingly.

    Unfortunately, for the Philippines its not that way.

    The US Embassy is going to use local law as their guidelines in determining eligibility for immigration benefits. Why? because they are in MNL!

    Do you think that the Philippine government would allow the US Embassy to bastardize their laws and allow ineligible citizens to leave the country?

    If the Philippine government would change their views on divorce, then the US Embassy MNL would follow suit according to local laws.

    To be perfectly frank with you. The USA isn't worth sneaking in to anymore. The economy is #######, no jobs, banks are going belly up, public transportation is poor at best, All the unskilled jobs have already been taken, unemployment is at a record high, and we have not yet hit the bottom of our recession. You would be very disappointed in life here.

  10. Hi Friends,

    I am going next week to N.Y on K1 Visa and my P.O.E is JFK, NY. I have some serious questions-

    1. I am carrying 5 bags, excluding cabin bag..2 of which are of 32 kgs....Can it cause any problem at customs?

    2. Can anyone with JFK experience please tell me what a first timer like me, on K 1 can expect after reaching N Y Airport? Is it first immigration? then luggage and then customs...

    1. Not due to the weight, but rather what is inside. You have many bags, more than most people. Remember that most folks travel light these days. No fruit, vegetables, food, plants, dogs, snakes, dope, etc. If stopped, be sure to first tell Customs about your K1 and tell them that you are bringing in your personal effects, if that be the case. Smile and be as polite, charming and as co-operative as possible. You will do fine.

    (Remember, they keep a supply of rubber gloves and a flashlight in a room with dirty hand prints on the wall, and will take all ding-dong day to rifle through and question everything you got, should you give them any trouble.)

    2. Yes. However, Immigration will call you aside into a room adjacent to the baggage carousels where they will inspect your documents, ask questions, remind you of your obligation to get married w/in 90 days. Then they will staple the I-94 card inside your passport (never remove it)) and say "Welcome to America"

    Ask the flight attendant on the airplane how you should fill up your Customs form. There will be a space to put the $ value of all items you are bringing in to the country, and on the back you are to list the individual items and their respective values. "Used personal effects - K1 Visa" should work.

    As an aside, luggage carts are not free here in the USA, Be sure to bring $3-5 in $1 bills which are in perfect condition, or have a major credit card to plug the luggage cart machine. You have a lot of stuff to haul.

    As you will have an extra stop to make with Immigration, your bags may no longer be on the belt by the time they are finished precessing you. Check the belt first, then on the floor next to the baggage carousels, then against the wall. Nobody is going to steal your stuff.

    Bring the cel phone number of the person picking you up. Your cel phone may or may not work here in the USA.

  11. (hint: Google the phone number)

    1-800-375-5283 is USCIS Customer Service.

    Live assistance is available Monday through Friday as follows:

    Customers calling from Alaska: 8:00 AM to 5:00 PM local time;

    Customers calling from Hawaii: 8:00 AM to 4:00 PM local time;

    Customers calling from Puerto Rico and the U.S. Virgin Islands: 9:00 AM to 6:00 PM local time;

    Customers calling from anywhere else in the United States: 8:00 AM to 6:00 PM local time.

    In Guam, live assistance is available Tuesday through Saturday, 6:00 AM to 11:00 AM local time.

    The best times to call the NCSC for personal assistance are Tuesday through Friday.

    http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

  12. She will gain admittance to the US Embassy MNL by showing her Appointment Letter to the guards outside the building. Its normal for St Lukes to retain the passport and forward it to the Embassy along with the medical results. St Lukes will give it back if you tell them you need it for travel, etc.

    She will need that Police Clearance from Taiwan before she gets a visa. Wouldn't it be better to wait until she has all her documents before wasting time and money attending the interview?

    Lets say the interview appears to have went well pending the missing documents. When those documents arrive, she will have to return to the USEM and submit them and go back home and wait. Then another waiting game will be played behind the scenes while they match x documents with x file, then give the file back to the CO who will review it at his ultimate leisure, and eventually, if no further questions, they will release her visa, or call her back again for a 2nd interview.

    There is no way to track that internal process or have anyone tell you what is going on. Been there done that.

    Having everything complete for the interview will save the extra weeks, maybe months in administrative review until it all gets put back together and rubber stamped.

    I would strongly advise calling to reschedule the interview for a date when you know that she will have everything intact. Because at the completion of that interview you will have a better indication of the results. If she goes next week sans documents, we both know what will happen, and hanging in limbo at this point in the process is stressful at the least.

    Best to you,

    NM

  13. Sometime this year, we taxpayers will again receive an Economic Stimulus payment.

    This is a very exciting program. I'll explain it using the Q and A format:

    Q. What is an Economic Stimulus payment?

    A. It is money that the federal government will send to taxpayers.

    Q. Where will the government get this money?

    A. From taxpayers.

    Q. So the government is giving me back my own money?

    A. Only a smidgen.

    Q. What is the purpose of this payment?

    A. The plan is for you to use the money to purchase a high-definition TV set,

    thus stimulating the economy..

    Q. But isn't that stimulating the economy of Asia ?

    A. Shut up or you don't get your check.

    Below is some helpful advice on how to best help the US economy by spending

    Your stimulus check wisely:

    1 If you spend the stimulus money at Wal-Mart, your money will go to China .

    2 If you spend it on gasoline, your money will go to Saudi Arabia .

    3 If you purchase a computer, it will go to India .

    4 If you purchase fruit and vegetables, it will go to Mexico , Honduras and Guatemala .

    5 If you buy a car, it will go to Japan or Korea .

    6 If you purchase useless plastic stuff, it will go to Taiwan .

    7 If you pay off your credit cards, or buy stock, it will go to pay management bonuses

    and be hidden in offshore accounts.

    Instead, you can keep the money in America by:

    1 Spending it at yard sales or flea markets, or

    2 Going to baseball or football games, or

    3 Hiring prostitutes, or

    4 Buying cheap beer or

    5 Getting tattoos.

    These are the only wholly-American-owned businesses still operating in the US .

    Conclusion:

    The best way to stimulate the economy is to go to a ball game with a prostitute that

    you met at a yard sale and drink beer all day until you're drunk enough to go get tattooed.

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