POA

21 hours ago, Tay123 said:

hello everyone,

 

other than my and my sibling birth certificate showing we share parents, what else is needed if she is married and has kids as her husband and children would be derivative beneficiaries in this case correct? 

I included her marriage certificate in the petition.

2 hours ago, arken said:

Court or another govt body, diff county diff rules.

Thanks! 

Anyone from the PH here knows? 

3 minutes ago, arken said:

Either authorization/consent letter from both parents or from only one parent with the proof of sole custody.

Oh okay. That makes sense. Thank you! The proof of sole custody comes from the court right?

Hello,

My nephew is 5 y/o. He is legitimate but his parents are separated. I was looking to have him try to apply for a tourist visa with my mom when the USEM reopens for B2 interview. However, I was told that the child needs some document from DSWD. We don't know where the dad is but the mom can sign the document.

Does anyone has any experience on this? Does the dad really need to sign some document, or will the mom's consent is enough?

2 minutes ago, Hank_ said:

995 states the spouse inherits the entire estate, with reference to 1001 ..  and there is the confusion to me.  For sure need a well qualified attorney.   All the best in your endeavors.

 

Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)

 

Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)

Thanks Hank! Yeah, it is definitely confusing.

2 hours ago, Hank_ said:

I never read where siblings would receive a portion the land with your husband.

 

As for your husband inheriting the land in the Philippines.  there can NOT be a Will where you list your husband to inherit the land.  I know sounds strange but that is the way it is written, do NOT list your husband to receive the land in your WILL as it will void his right to the land.  Consult a knowledgeable attorney in the Philippines, plus do some reading of the laws regarding this issue.

 

Is your husband listed on the deed?

Hi Hank,

We have a will but the land is not listed. He is my sole heir on that will though. I am trying to look for a knowledgeable one. I talked to one already but he only knows I think the basic. I am just looking for a way that he gets all of it and not have to share it with anyone. Here is where I found that 50% information. Answer #3. We are still on the process of buying the property so the deed hasn't been drafted yet. The lawyer advised me to add my husband in the deed.

https://lawyerphilippines.org/2016/03/28/can-a-foreigner-inherit-land-in-the-philippines/#:~:text=Yes%2C a foreigner can inherit,if there is no will.&text=In legal speak%2C this means,inherit land through a will.

I am still researching too. I just confused on whether or not my family will have the rights to challenge it if I pass.

2 hours ago, flicks1998 said:

Im with Hank on this one.  These kind of questions need to be addressed with an attorney.  Ive been using an attorney in Makati for the last 15-16 years.  A general counsel meeting is around 2,000p/hr.  They are in Salcedo village and can advise on this type of situation.  I can send you the contact info by PM if you need.  This law firm is used quite heavily by other foreigners as well.

Hi Flicks! That will be awesome! I have been having trouble finding a good one who knows the in and outs of being married to a foreigner lol

My husband USC, and I, dual citizen (USC and Philippine) are buying a property in the Philippines. I know that he will not be able to own the land however, he can get in via inheritance if I passed. However, I was reading something that he will only get 50% and the other 50% will go to my existing descendants, aka, siblings or nieces and nephews. We don't have children and I don't have full blooded siblings (not sure if that makes a difference).

We both have last wills that indicates, we are each other's beneficiary, and the rest are contingent. 

My question is, even with our wills, will my family still gets 50% of the property value or will my husband gets the entire estate?

Ideally, if I pass and my husband survive me, I want him to be the sole owner of the property that we have in the Philippines. How do I make sure that happens since he is not a Philippine citizen?

My husband USC, and I, dual citizen (USC and Philippine) are buying a property in the Philippines. I know that he will not be able to own the land however, he can get in via inheritance if I passed. However, I was reading something that he will only get 50% and the other 50% will go to my existing descendants, aka, siblings or nieces and nephews. We don't have children.

We both have last wills that indicates, we are each other's beneficiary, and the rest are contingent. 

My question is, even with our wills, will my family still gets 50% of the property value or will my husband gets the entire estate?

Ideally, if I pass and my husband survive me, I want him to be the sole owner of the property that we have in the Philippines. How do I make sure that happens since he is not a Philippine citizen?

28 minutes ago, SusieQQQ said:

^ note that Step 4 happens when “dates for filing” (table B) is current in the visa bulletin, which is usually around a year before they expect the actual priority date (table A) to be current (table A needs to be current for a visa number to be actually available).  
 

 

That's good to know! Thanks, SusieQQQ! Just for my reference:

1. Must be a US citizen first.

2. Submit applications for your brother or sister along with the application fees.

3. Once approved by USCIS, the case will be forwarded to NVC wherein the true waiting game will begin as F4 category for Philippines  will take from 20 to 24 years of waiting for the availability to be current.

4. Once the visa availability is current, you will then received a letter from NVC (like instructions) informing you that they are ready to process your application further and that the letter will have MNL case number and Invoice ID number needed to log in to CEAC website to pay bills, DS260 form to be answered by your siblings, and submission of the required documents. Once NVC will received the completed requirements then they will queue your siblings for their interview.

(Note that Step 4 happens when “dates for filing” (table B) is current in the visa bulletin, which is usually around a year before they expect the actual priority date (table A) to be current (table A needs to be current for a visa number to be actually available)

5. They will have their medical and interview taken.

Thanks, NG!!! That's very detailed and it helped a lot! Yes, we don't know what changes are going to happen, but I really appreciate your input. Have a great holiday!

Just now, Jorgedig said:

Sorry, thought it would have been obvious.

You cannot assume without asking. Which is why, the question was asked. It may be obvious for you, but it wasn't obviously obvious for me.  We all have different way of thinking.

Just now, Chancy said:

 

Pay visa fee when visa number becomes available.  Around 25 years or so into the F4 process.

 

Thanks, Chancy! I appreciate you answering the question. Have a great day!

Just now, Jorgedig said:

I know.  I was trying to explain why it makes no sense than anything would be due to be paid several decades before a visa is even available.

Thank you for spending the time to explain without actually answering the question. 

21 minutes ago, Jorgedig said:

It wouldn't make much sense to pay 2020 fees in 2020 dollars for something that, if still available, won't happen for 30 years, would it?

I am not asking how much the fees are or if I am paying them this year. I am asking when do they require the fees to be paid based on the F4 process. 

I know it takes almost three decades for the visa to become available, but when will I need to pay the fees? Is it once the petition is approved and at the NVC for processing, or once the visa is available and NVC is done processing them?

Thanks in advance!

11 hours ago, aaron2020 said:

No correlation between time to approve the I-130 and a current PD. 

An F4 case with a 1 month I-130 approval and another F4 case with a 10 years I-130 approval where both cases has the same Priority Date has the same exact same overall wait.  Visas are only available when the PD is current.  The advantage of the 10 years approval is that derivatives get an additional 10 years and would not age out until age 31 (21 + 10 years).  The case approved in 1 month would mean derivatives aging out at 21 years and 1 month.  

Thank you very much! Now I am wishing that their petition gets approved in 10 years  or more so my nephew can join. I said wishing because I know nothing is set in stone. 

8 minutes ago, HRQX said:

Visa availability is based on Priority Date, not petition approval date. But for minor derivatives, longer petition processing time can be beneficial in CSPA calculation.

That's really good to know. Thank you so much!

So, does the approval timeline affects their visa availability? I know we are looking at decades for their visa to be available,  just curious if there's any correlation between the two.

1 minute ago, HRQX said:

Yes: https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa "CSPA for Family and Employment Preference and Diversity Visa Immigrants"

Oh I see! I guess I wished wrong. Thank you! 

28 minutes ago, SusieQQQ said:

Petition processing time really only has importance if there are minor derivatives who may age out, and then you want the processing time to be as long as possible. The processing will be finished before the priority date is current (this is the date in the visa bulletin) and this is the one that matters as it is when a visa will be available. They will not be scheduled for interview before that. When did you file for your siblings?

 

 

Thanks for the additional information Susie. Yes, there is a minor derivative, and I understand that they won't get interview soon. I just filed for them this month and last. So, very recent.

Out of curiosity, will it be more beneficial for a minor derivative if the petition processing time is longer?

4 minutes ago, HRQX said:

You are referencing petition processing times. Aaron said to look at DOS Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

Yeah, I am referring to the petition processing time, thanks for the link though. I'll keep an eye on that too!

10 minutes ago, aaron2020 said:

Hi,

 

USCIS will not notify you when they transfer cases around.  There's nothing you can do about it so don't worry about it.  Just pay attention to the Visa Bulletin.  

Thanks @aaron2020! Luckily if it is in NBC, their bulletin shows faster processing time.

I filed I-130 for my siblings,  online. They all start with IO number. The I-797C shows California Service Center, but the case status says they are being process at Nebraska Service Center? 

I'm confuse! I didn't get a letter about them getting transferred. 

Any thoughts? 

Update on this. I talked to the lawyer and he said that I can just file I824 once the petition is approved to move it to for Consular Processing.  With regard to the City and state, it will be the service center it was forwarded to.

Hey there,

I was hoping you could help me with some questions. This will be the second petition. 

On Part 5, I filed the first petition online. Should I write the city and state where I was when I filed it online, or the city and state of the service center where it was forwarded?

Also, still in Part 5, for the Relative section, I only need to write the names of the siblings I will submit petitions for, and not write the names of my siblings I already submitted petitions for right? 

The paper form looks like this, 

While when filing online, the question appears this way,

Hey guys,

Two more questions. on Part 5, I filed the first petition online. Should I write the city and state where I was when I filed it online, or the city and state of the service center where it was forwarded?

Also, still in Part 5, for the Relative section, I only need to write the names of the siblings I will submit petitions for, and not write the names of my siblings I already submitted petitions for right?