john_and_marlene

There is not enough information here to make any determination.

Was her first marriage in the Philippines or elsewhere?

Was her first marriage to another Filipino?

Was her first marriage ended by divorce in another country?

If the first marriage was ended by a foreign divorce, who petitioned for the divorce--her or her previous husband?

Was the second marriage in the Philippines?

I'm 53, but often get mistaken for 52.

@bmmtrrbt, Sirach123 et al--Thank you everyone for continuing suggestions; all are being considered.

@To all: another question. Inday is now here in U.S. In PI she purchased OFW SIM card thinking that would be a good option. She has tried calling family and friends in PI from US using this OFW SIM, following instructions to enter 131+63+number. However, she is unable to successfully make the call. Does anyone know how she may successfully use the OFW SIM? Thank you!

--RK

Try 011+63+number

When it comes to estate taxes, married couples in which one spouse is a resident non-citizen are treated differently than married couples where both spouses are U.S. citizens. Generally, assets that pass between spouses at the first death are free from estate taxes due to the Unlimited Marital Deduction, no matter how large the estate.

However, where the surviving spouse is a resident non-citizen, the Unlimited Marital Deduction is not automatically available. Although the government allows all taxpayers to pass a certain amount of assets at death estate tax-free, called the Applicable Exclusion Amount (“AEA”), estate taxes will be due on amounts in excess of the AEA (currently $2,000,000.00) unless proper estate planning is in place.

http://prudentplanning.wordpress.com/2007/10/05/estate-planning-and-the-non-citizen-spouse/

Moving from Family-Based AOS Progress to AOS From Other Visa.

It is specifically the immediate family relationship that qualifies the OP to adjust and will be the reason it won't be denied based on unauthorized employment or overstay. If the adjustment was based on the J1, it would be denied for unauthorized employment and overstay.

Working without authorization when weighed against the immediate family relationship to a USC will not cause a denial. Complete the application fully and accurately.

In order for house to be qualified as an asset, you would need a new appraisal, as well as show that is paid off completely and don't forget that they will only count it as 1/3 of the income requirement, so make sure you have enough to cover the 125% of the poverty guideline.

Not true.

Dear fellow VJ members, I am wondering if you can help me with the following please:

My fiancee (Inday) would like to bring her current handphone/cell phone to U.S.A. to use because she exceptionally enjoys the features available. However, the desire is to pay for use of the phone in manner similar as she does in Philippines (i.e., purchases load). I myself am rather ignorant as to cell phone use in general/overall so don't know how this is to be done in U.S. I think I understand that Inday's phone is currently unlocked and the desire is to keep it unlocked. If so, can any of you tell me step-by-step how Inday can use her phone in the U.S. in similar way as she does in Philippines? (i.e., just periodically adding load instead of monthly payments/bill)? I've tried reading some on this topic but the information is so general it is difficult for me to understand how, step-by-step unlocked phone is to be used in U.S. Thank you much for your help! --RK

Is the unlocked phone tri-band or quad-band? If not, it won't work in the U.S. If it is, just get a new sim card

I am not expert in this matter but I would like to offer this suggestion: When she adjusted her status (by your posts, I think she adjusted from a tourist visa) her overstay was forgiven when she got the green card. So, I think you should try to exchange the green card for a tourist visa at the embassy.

"Forgiven" is not very accurate term to use regarding overstays and adjustment of status. In considering the factors for granting/denying permanent residence, the immediate relationship to a USC outweighs the negative factor of the overstay and the adjustment will not be denied based on the overstay. However, it does not erase the overstay. If you subsequently lose your permanent residence status, the overstay can still be used to determine eligibility for future entry visas.

Every family gets a child tax credit of $1000 for each qualifying child.

Not every family gets the credit. There are income limits.

Will overstay in malaysia hinder my chances of geting my k-1 visa approved? even though the error was made by my college.

No bearing whatsoever.

We have cable internet/TV with all the premium channels/phone and satellite TV for the foreign channels. If we don't order PPV our monthly bill is about $290.

To answer the questions about assets. I don't have the piece of paper with exact numbers on, so I will use rounded numbers which are lower than I recall the actuals being, to eer on the side of caution.

My wife has tax returns for this year of around $10.000, she has stocks in the value of $30.000. I was told on the phone by the NVC that 125% poverty guideline minus wife's income meant I needed $70.000 in assets, as it had to be multiplies by 5, I have since been thinking the NVC employee was misinformed, or misinforming me.

I actually have three jobs at the moment. I work full time at my County Hall in England making around 900 sterling pounds a month. I am also freelancer working for an American based company from England as a film editor, where the material is sent to me from whatever country the film is being made/produced in. I make around $30.000 a year. Finally, I have just been contracted to write a film, but won't see any money from this until it's made (if it's made). I have very few assets since supporting my wife and son for two years.

Given that financial data, and the "extortion" (perfect word) of my brother-in-law, what would be the best way for me to continue? I am pretty down in the dumps, since my little boy is growing to know his Daddy from Skype, and kisses the laptop in place of me. Still, gotta be thankful this isn't 5-10 years ago when there was no Skype, but still...

If you have income from a U.S. employer that will continue after you immigrate, that income can be used to satisfy the requirement. As a freelancer you may need a letter from the company establishing that you will continue to be given work in the future.

If you are currently residing in Honduras, it may be difficult to prove a hardship to be united with your wife in the U.S.

You cannot collect U.S. social security if you reside in the Philippines unless you are a USC.

There are advantages of being a USC regarding inheritance and probate laws in the event your spouse dies.

OK now here is the big question .. how do i deal with an upset fience

www.telloprah.com

She has to go back home and you apply for a spousal visa. Since she overstayed you will have a problem. If she gets to be deported, you have to live abroad and be with her.

This message need to be disregarded along with about half of the responses in this thread.

Can you not obtain a divorce in your country? There's no law that requires you to divorce in the same place you were married.

As an option - she can file for divorce in Germany. Since he is citizen of Germany, they definately have jurisdiction over such case. My fiancee was married in Denmark, but filed for divorce in Germany, while living in Ukraine, without even being present there. Divorcing in Germany - is long process, though. I would suggest to find an attorney in Germany, who is familiar with international law in her country (lookup on google, etc.), and consult with that attorney, she will see all options available to her in this situation.

If she initiates a divorce in another country, the Philippines will not recognize it. Only if the foreign spouse initiates the foreign divorce will the Philippine government recognize it.

The petitioner is not needed. While the petition was the petitioner's, the visa application was the beneficiaries. The only action the petitioner could take would be to cancel the petition if it were still active and it is not.

The petition is no longer active. The visa has been issued. The visa will expire in a short time on it's own or will be invalidated with the issue of a different visa.

He'll also save if when the fees go up!

I would imagine any attempt to "smooth" someone's entry through border inspection would actually garner a more rigorous inspection and increase the risk for denied entry.