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Pinay Wife

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Posts posted by Pinay Wife

  1. Hi Tahoma,

    It matters where the Filipino citizen got married.

    Our annulment laws are complicated, as you will see below:

    1) If the Filipino citizen gets married in the U.S., and then gets divorced in the U.S., and it was the Filipino citizen who initiated the divorce, Philippines has no choice but to recognize the divorce. Philippine courts have NO JURISDICTION over the US marriage because Filipino citizen married under US laws. Only US courts can dissolve a US marriage. There is no basis for filing an annulment in the PI because the Philippines has no jurisdiction. No Philippine court will hear the case. In this regard, Filipino citizen can marry either in the PI or the US, as long as the US divorce is final. As far as the Philippines is concerned, if its citizen married in the US, then US laws apply. Since divorce is legal in the US, then the Philippines has to recognize US laws even if the party involved is a Filipino citizen.

    2) If the Filipino citizen gets married in the Philippines, and then gets divorced in the US, and it was the Filipino citizen who initiated divorce, it will not be recognized in the PI. However, if the Filipino citizen has naturalized at time of filing/granting of divorce, then the divorce will be recognized in the PI. If petitioner, on the other hand, was Filipino citizen at time of filing, and then has become a US citizen by the time divorce was granted, divorce will not be recognized.

    3) If Filipino citizen gets married in the Philippines, and then gets divorced in the US, and the US spouse initiated divorce, the Filipino spouse needs to file a Judicial Recognition of a Foreign Divorce Decree if she wants to marry in the PI again. Judicial Recognition not required if re-marrying in another country.

  2. Just some clarifications:

    1) If marriage was solemnized abroad, foreign divorce will be recognized in the Philippines (even if initiated by the Filipino citizen) after Judicial Recognition of a Foreign Divorce Decree is granted.

    2) If marriage was solemnized in the Philippines, foreign divorce will only be recognized if initiated by the foreign spouse, but will not be recognized if initiated by the Filipino citizen.

  3. So now my question is, since it's been this long is the case still open or do I have to start all over again at the NVC? I did contact the embassy around 6 months ago by email stating are circumstances and to have the the case to be put on hold. So how long would they hold a case open for?

    What date was your wife's K1 visa issued?

    From the Instruction Packet....

    http://photos.state....acket%20_3_.pdf

    Minor children who are identified and listed in the approved I-129F petition may follow-to-join their petitioned parent. However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued the K1 visa. After one (1) year, they will no longer be able to derive immigration benefits from the I-129F petition and you or your spouse will have to file an immediate relative or second preference petition for them to qualify again for immigration benefits.

  4. One post removed for violating below TOS:

    Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

  5. If my creating this thread and what I've posted has caused any confusion, I apologize.

    Roy, you did not cause any confusion at all. no0pb.gif

    John, what misinformation did I post? you've implied I told members to click on the wrong link to schedule an interview. I posted use the K-Visa Scheduling link and you posted, DO click on 'K-Visa Appointment Scheduling' if you are scheduling a K-1 appointment. didn't we post the same information? :yes:

    I'm asking myself the same question. I'm guessing that John expected to be linked straight to the K1- Appointment Scheduler.

  6. Good question. I asked my University of Manila Law School graduate, and she doesn't know exactly. If your wife becomes a US citizen, she will lose her Filipino citizenship until she reaffirms her Filipino citizenship again (Dual Citizenship). The question is, what happens to the title of that property in the period, however short it may be, that she is no longer a Filipino citizen. The fact that she acquired the property while she was a citizen may be sufficient to retain title.

    LAND OWNERSHIP BY FORMER FILIPINO CITIZENS

    (The Foreign Investments Act (RA 7042), as amended by R.A. 8179)



    Rights of Natural Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the Constitution - Any natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter in a contract under Philippine laws may be a transferee of a private land up to a maximum area of five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes. In the case of married couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the total are acquired shall not exceed the maximum herein fixed.







  7. Does the immigration officer automatically stamp your passport for balikbayan visa or do you have to mention it?

    They would usually stamp it automatically if travelling with the Filipino spouse but if they mistakenly stamped "EO 21" (which means 21 days), you can request for correction and ask for the "Balikbayan" stamp.

  8. This will be my last question.Do you send the stuff for 13 a visa to Philippines embassy in America or you send to consulate in the Philippines?I buying the ticket for may 1st and want make sure so I know.

    If you decide to apply for 13A, you send stuff to the Philippine Embassy or Consulate in America.

    An Embassy or Consulate represents a foreign country so there is no Philippine Consulate in the Philippines in the same way that there is no US Consulate in the US.

    When you send documents while you are in the Philippines, you will deal directly with the Bureau of Immigration and Deportation and there will be more opportunity for them to "milk" you for money.

    You are making a good decision applying here in the US.

    edited to add:

    Why not just travel with your wife and get a "Balikbayan" stamp so you can stay for one year? You don't have to pay fees, it's free!

    Hey TCO, maybe you can help out here... Please confirm if you received a balikbayan stamp when you last travelled to the PI.

  9. Travel tax shall be levied on (a) all citizens of the Philippines; (b) permanent resident aliens; and © non-immigrant aliens who have stayed in the Philippines for more than one (1) year, who are leaving the country.

    A philippine citizen with a US Green Card may avail of the travel tax exemption by visiting the PTA office and paying a processing fee.

    Most all people have to pay the terminal fee.

    Just a minor correction to avoid confusion good.gif

  10. Consular Outreach

    The Philippine Consulate General in San Francisco is pleased to announce that it will provide consular services at the locations indicated below. Services to be offered are Philippine passports, legalization of documents (affidavits, powers of attorney, deeds, other legal instruments), Civil Registry (reports of births, marriages and deaths), and Dual Citizenship applications.

    Kababayans are advised to visit www.philippinessanfrancisco.org to download the forms and check the requirements. Kababayans are also advised that the Philippine Consulate General only accepts cash, money order, bank draft, or cashier's checks (made payable to the Philippine Consulate General) for the services rendered.

    MILPITAS

    • Dates: January 16, February 20, March 20, April 17, May 15, June 19, July 17, August 14, September 18, October 16, November 13, December 4
    • Schedule: 8:30am-5pm
    • Location: Seasons Market Place at Landess, 1535 Landess Avenue, Milpitas
    • Contact Person: Ms. Dinna Bayangos at 408-5869800

    SEATTLE

    • Dates: March 25-27, June 24-26, September 2-4, November 18-20
    • Schedule: 8:30am-5:30pm
    • Location: Filipino Community of Seattle (FCS) Center, 5740 ML King Jr. Way, South Seatlle, Washington 98118
    • Contact Organization: Filipino Community of Seattle (206) 722 9372

    SACRAMENTO

    • Date: April 2
    • Schedule: 9am- 4pm
    • Location: Sacramento County Sheriff Department, 7000-65th, Sacramento, CA 95823
    • Contact Person: Dr. Antonio Solomon at (916) 682 3382 or VHiPetCLNC@aol.com

    VALLEJO

    • Date: April 9
    • Location: Marina Towers Recreation Center, 601 Sacramento Street, Vallejo
    • Contact Person: Ms. Jean Serrano at (415) 233-3475
    • Other Details: To be announced

    TACOMA

    PORTLAND

    • Dates: May 6-8
    • Locations: May 6-7--- Emmanuel-Hope of Glory Wesleyan Church, 2530 SE 89th Avenue cor. SE Division, Portland; May 8 --- Fil-Am Portland Center, 8917 SE Stark, Portland, OR
    • Contact Persons: Consul General Richard K. Woodling, a.h. at richard.woodling@comcast.net or (503) 679 6682 and Mr. Eric Tadeo at ecvntadeo@msn.com or (360) 690 0774
    • Schedule and Location: To be announced

    RENO

    • Dates: May 20-22
    • Location: Bowling Hall/Little Flower Church School, St. Therese Little Flower Church, 875 E. Plumb Lane, Reno, Nevada
    • Contact Organization: The Filipino-American Alliance of Nevada c/o Ms. Thelma Frias at (775) 772 3452
    • Schedule and Location: To be announced

    JUNEAU

    • Date: June 3 and 4
    • Location: Filipino Community Inc. Hall, 251 South Franklin Street, Juneau, Alaska
    • Other Details: To be announced

    ANCHORAGE

    • Dates: June 5-6, July 9-10, August 7-8
    • Location: Older Persons Action Group (OPAG), John Thomas Action Building, Suite 300, 325 East 3rd Avenue, Achorage, Alaska
    • Contact Person: Mr. Nez Danguilan and Mr. Jesse Vizcocho
    • Other Details: To be announced

    CONCORD

    • Date: July 2
    • Other Details: To be announced

    FAIRBANKS

    • Date: July 7-8
    • Location: Ice Alaska Building, 1925 Chena Landing Loop, Fairbanks
    • Contact Persons: Ms. Betsy Engle at (907) 350 4506 and Ms. Yoly Ganacias at (907) 347 5519

    SALINAS

    • Date: July 30

    KODIAK

    • Date: August 5-6
    • Other Details: To be announced

    DENVER

    • Dates: October 7-8
    • Location: The Fil-Am Community of Colorado (FACC) Bahay Kubo, 1900 Harlan Avenue, Edgewater, CO 80214
    • Contact Person: Ms. Donna LaVigne at (303) 885-9495 or donna@i-legal.com

    COLORADO SPRINGS

    • Dates : October 9-10
    • Other Details: To be announced

  11. Ok....guess I completely overlooked this fee...

    Perhaps it was indeed included the last time she flew (Cathay Pacific) and not this time (Gulf Air)...

    Section 2 of Presidential Decree 1183, as amended, provides that the following are exempted from the payment of the travel tax:

    "United States (US) Military Personnel including dependents and other US nationals with fares paid for by the US Government or on US Government-owned/chartered transport facilities."

    http://www.philtourism.com/ttax.html

    You can apply for travel tax refund but it takes a year. The application for refund is in the link I provided.

  12. I flew Delta twice, and it was fine, however from all I have heard the Asian carriers (Cathay Pacific, Singapore, JAL, KAL, Asiana, etc) are much a much better experience.

    Delta has better time schedule but Asian carriers do have better service ~ flight attendants are more attentive, and are warm and gracious compared to their American counterparts.

  13. One post removed for TOS violation. Re-posting below post that quoted the aforementioned removed post.

    From the Terms of Service:

    Permitted Uses. You agree that you are responsible for any Content and communications that you Post and for any consequences thereof. You agree to use the Service (including but not limited to the discussion forums) only to send and receive messages, material, and in general Content that is in conformity with or permitted by law (legal), proper and if part of the discussion forums then also related to the particular subject matter. By way of example, and not as a limitation, you agree that when using the Service, you will not:

    Make comments in a Post either direct or implied toward another member that are purposely designed to upset, antagonize, make fun of, belittle, or otherwise instigate an argument that takes away from the personal enjoyment of the Service by other users.

  14. Reposting Bob 4 Anna's post that was removed from the post that gave wrong info.

    WOW! Your experience has nothing to do with immigrating to the US!

    The info you posted is exactly opposite of the experiences of everyone else here, including my wife.

    CFO was completed in a few hours before her interview. After she received her Passport with visa affixed she simply returned with her completion certificate & passport, they affixed her CFO sticker and she was done.

    They certainly did confirm our status as husband & wife.

    Finally, while it is true that Philippine Immigration can't cancel your flight with the airline they certainly will prevent you from passing through the checkpoints if you don't have the CFO sticker which effectively cancels your flight for you as you'll never board the plane.

    PS: Insulting other posters with personal attacks (like calling them Dimwit) is a violation of the TOS...

    Reposting Markieboy's post that was removed from the post that gave wrong info.

    Well, this is Visajourney: Your US Immigration Community. Members here in the Philippines subforum ask advice to immigrate to the United States. Duh! :rolleyes:

    Easy on the name-calling. PGD gave excellent advice.

  15. Are you suggesting that "you can tell" a "foreign girl" to do that?:angry:

    They can try bossing an American girl around but she will almost certainly turn around and tell them to go to hell. laughing.gif (No offense meant to our American sisters).

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