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About JE57

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    Senior Member
  • Member # 182466

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    Hong Kong

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  • Our Story
    Married in USA but moved back to HK so no AOS after K-1. Got Tourist visa after establishing residency in HK

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  1. Payxibka has been on this forum at least as long as I have probably longer and perhaps has a better handle on this than I. I agree that revenue does not equal income. The devil here is in the details.. you've got your own business, as part of that business you have revenue and expenses and the result of revenue less expenses is income report able to the IRS. Clearly you have some legal ability to manipulate the amount of expenses to some extent. From my understanding though once you subtract your expenses from your revenue what you have left over is what you report on your tax forms as income to the US Gov. That amount you report to the Gov. is the amount of INCOME you have for the year. If that number is 80K you should be fine. If you then are able to find 60K plus in deductions that makes your Adjusted gross income lower good for you. But I am NOT a tax accountant, a immigration attorney or even an attorney of any kind. I do believe that what the Government is looking for is rather you can legitimately support your new family. So if your deductions are for example 15% or more of your home being used for your business than that part of your income is still available for support of your new family assuming you have sufficient space left in your house for them to live in. Likewise with driving your own car. Apparently you can deduct 58 Cents per mile driven for business. That will wear your car out sooner and you may need to replace it sooner but that money isn't really completely gone.
  2. Based on your statement for the sake of discussion with 80K income you are not going to have a problem. Granted I'm basing my opinion on an Individual return but the point is the INCOME you are declaring BEFORE deductions. So assuming the 80K is listed on your taxes as your income than the deductions shouldn't matter. Legal deductions to income for tax purposes should be fine. Although I suppose if those deductions represent real expenses so that your 80K income is actually ONLY in the 20K range then perhaps that might get a 2nd look but it seems like you are doing fine income wise. Rather you need 1 year or 3 years I would suggest you have 3 years ready. Over prepared is better than under.
  3. Perhaps I'm mis-understanding your concern.... Your income would be the amount of income you make BEFORE any deductions. Your deductions affect your Adjusted income which determines your tax but would not reflect your ability to support yourself and your family. Therefore you should be able to maximize your deductions without affecting your eligibility to sponsor. As for the baby..... The help section of the I-864 says that anyone immigrating or planning to immigrate within 6 months must be included. Considering you seem to be able to get to 28K pretty easy AFTER deductions I'd say you are probably over thinking this. Good Luck, God Bless and Happy Easter.
  4. Based on your timeline I would assume your wife is traveling on a Philippine passport which means she should get to the airport super early. The restriction on travel is in the Philippines and she is traveling to S. Korea with a connection onward to the USA. This was not specifically mentioned as an exception for Philippine Citizens being allowed to travel to S. Korea. I believe it should be OK but she may need to sign a declaration. Again this is yet another example of the Philippines not letting their citizens leave their own country 'for their own good'. Your wife should check out the facebook group #StrandedPH for more information and could ask the question about her transit in S. Korea there. When they did this to Hong Kong, Macau and China I believe they also tried to prevent Philippine Citizens traveling on a PH passport from transiting in HK or China. Seems like PH may have 'learned their lesson' regarding how horrible their treatment of their own OFWs and foreign residents was RE: HK, China, Macau, and Taiwan. So I hope and suspect that your wife will be fine but based on the article she's in a gray area.
  5. Well this is an immigration forum so the people here are best versed in providing information as it relates to immigration. Does she have any thoughts or plans to immigrate to the USA? If not then this is probably not the best forum for the question.. I have also PMed you
  6. JE57


    Yeah anytime someone in this forum asks about annulment in the Philippines someone always seems to say oh go to Guam and get a divorce in 7 days aside from the Unlikely US visa I've never seen anyone post Yeah that's what worked for me !
  7. JE57


    My wife is in the process of going thru it now. We are using, De Borja Lamorena and Duano. We have been happy so far. We are approaching 2 years at this point and are finally seeing a potential light at the end of the tunnel and we consider it fast. They had a payment plan for the initial fee which I think was 350K pesos. We paid monthly for 10 or 12 months and they started the process while we were making the payments. Then there are court appearance fees, Phys test fees etc. We are happy that there has been no 'grease the wheels' payment suggestions made. We had read that anything less than a year requires an Appellate court to review the decision which you don't want. Also make sure you have a talk with your future wife. It is a long process, it can be emotionally exhausting as she will be required to dredge up all the bad stuff from her marriage and may have to endure the implication that the marriage was always valid and that no matter what he did it was her fault that they were not together. Also, as others have said it is not guaranteed. To be granted you have to convince the court that the marriage was never valid in the first place.. There are reasons that are easier such as the person who performed the wedding was not legally allowed to do so or that she was less than 18 at the time without parent permission but most of the time the argument is that one of the parties was physiologically incapable of fulfilling the requirements of the marriage AT THE TIME the marriage took place. If she's the one that was physiologically incapable then she may face another Physiological test after the annulment at St. Lukes medical to prove that she is not still Physiologically incapable of marrying you! (I guess that's usually a formality but it's another potential snag to be aware of) So you could wait for usually 2 years and then have the court reject it. And ideally this will all be a complete and utter surprise to her husband otherwise you have the possibility that the court will find that the parties colluded and at that point it's either no go or a lot more lawyer time fees etc. Also, try to understand something about her Husband.. If he's vindictive, bitter or a money grubber or just a major pita then he could come after you and your GF for adultery while you are in the Philippines. I won't go so far as to say that you should re-consider since you love this woman and it's not fair to either one of you that the laws of the Philippines prevent a divorce but you want to make sure that you are both on the same page that this will be a very very long process if you then include the time it will take to process a K-1 or CR-1. Others have suggested Guam for a 7 day divorce that would get her eligibility to process the K-1 or get married outside the philippines and process the CR-1. But I haven't seen anyone on this forum that has ever said it worked for them and there's the whole needs a tourist visa problem. Hong Kong Divorce is a valid option and many have used it successfully but there is a fairly long residence requirement. (3 years). I know nothing about your future spouse but if she has interest / ability to be an OFW in Hong Kong (basically a Maid) then she might consider starting that process as a backup plan should the annulment not work out. Of course it's 3 years before she could file for divorce 7 months later she'd probably have it and then you start the immigration process. The other option you may have is if you have the ability to move to a 3rd country then perhaps you can get her a Visa to that third country as well and then she gain the right for with residency to get a divorce in that country. You'd have to do ALOT of research on that. In short figure before you could live together legally in USA or in the Philippines your probably 2 years out and at the very least 5000+ USD - God Bless you and your significant other. PM me if you like but I think I've given you everything I have above.
  8. I applaud you for coming here with eyes wide open about the possibility of being scammed. That does happen in the Philippines but I'm not sure that she is scamming you. Here are some of my thoughts. a) Age - 18 years age difference if you are the older one as it seems like you are is not uncommon from based on some of what I see on this board and based on what I see in the airports when we are in the philippines. It is not uncommon for my wife and I to see a couple where he looks old enough to be her Grandfather. That said I think many Filippinas look younger than they are. The only reason I'd worry about age is.... 1) If it bothers you or 2) If she is so young that she hasn't yet figured out who she is. b) Sexual experience - The Philippines is a very different place and in fact the provinces can be very different than the cities. My wife is from the provinces and there it seems to be very conservative publicly. In fact, I was shocked when my Nephew decided that he asked a girl he liked and hit it off with if he could court her. That's still expected in some parts/families in the Philippines. You might ask your Girlfriend about that.. I'll say for my Nephew that went over very poorly because she was from Manila area and the idea of being courted I think scared her silly 😉 In any case, it would be an interesting discussion to have with her about the ethics and morals of dating in the Philippines. I suspect you might both learn a lot. As far as her 'experience' is concerned ask yourself why it matters. c) Money - In my experience money has a huge amount of importance in the Philippines and people that are not wealthy do worry about it and frankly have to worry about it. In the US we often can't comprehend about what not having money in the Philippines means. In the Philippines if you don't have money your meal might be one meal of rice per day, you may die from preventable illnesses or you may live in nothing more than a plywood shed.. Many of the social protections that are in the US as a safety net do not exist in the Philippines. Additionally in my experience money in the Philippines also defines your class and you can get more privileges with money and can be judged as a person based on how much money you have (or don't have). In my opinion, the scammers are going to ASK for money and come up with a bunch of excuses as to why they NEED it. That she isn't asking you for money is a good sign. When you start to here oh so and so needs money for ....... that's when to start thinking twice.. d) Lying in the Philippines -- I'm sure someone will call me out for an unfair generalization and I'll admit that but in my experience a 100% honest person is rare and even more so in the Philippines. From my experience 'honest' lies are told to escape uncomfortable truths. For example, your Girlfriend might say she's only had one sexual relationship because she's only telling you about the one with the serious boyfriend but want's desperately to forget about a one night stand that she had. Or she might say she's had one sexual partner and she hasn't had any because she didn't want to appear inexperienced. My suggestion would be that there will be less lies if you set the ground rules that say no matter what the truth might be it's ALWAYS better than lying to hide it.. As your relationship moves forward you may find some truths that as she becomes more secure in knowing that you value and love her no matter the truth. e) Family. Yes - if you fly into the Airport in Cebu then her whole family, might be there to meet you. While the whole family wasn't there to meet me at the airport when my now wife and I arrived they certainly were in the days that followed. Family is an AMAZING thing in the Philippines! There were so many people in her family that I couldn't keep them all straight so much so that I actually helped push a railway pushcart on the first visit because I thought I should help out the family member (who as it turns out wasn't actually part of the family at all and got paid for pushing). But here's the great thing, if she is part of one of those families than YOU also will immediately and completely be part of that family. Make sure she understands if you are not used to this that you might need some time with just her and make sure you too understand and that her family understands that you are a different culture and that you don't mean to be rude if you want to spend time with just her. See what she wants let her be your guide. Oh and while I'm on the subject you might want to ask her about what gifts you should bring. For the first umpteen times that my now wife and I went to the Philippines we'd bring a suitcase full of Chocolate. We don't do it anymore only because we are so blessed to be able to be there so often that they actually don't consider it a treat anymore :-). - Ok, so this has been really long... The Philippines is a radically different culture, even in different regions you have different cultures, cuisines and income classes. Look at your Girlfriend as your tour guide to this amazing new experience and culture. Be prepared to embrace the differences. Yes of course be careful about her intentions and rather she is real but even if it turns out that you determine that she's in it for the money (I doubt it), the green card or something else other than love, don't consider it as a loss that you spent time getting to know her and meeting her. You will have learned and experienced so much and as a bonus if it works out you have a future wife. May God bless you. Oh and in terms of documents... Save boarding passes, if you go to a show or a movie or anything you get a receipt for save that and take a few pictures of the two of you together with background of something uniquely Philippine maybe the two of you in a jeepney or tricycle. Get a picture of the two of you holding movie tickets or with her family. Those not only help with proof of meeting (although the boarding pass is OK for that) but helps you if you decide later to 'frontload' your immigration packet with proof of relationship 'stuff' more about 'front loading' later in the process pretty much everything else can be done electronically.
  9. Congrats on the USC. Glad you'll be able to move forward now but do remember that for K-1 there is a requirement that the two of you have met in person in the two years before you file the form so if it's been a long time since you saw each other face to face you should schedule a trip to the Philippines or even a 3rd Country to meet the requirement.
  10. Note that the Philippines has now banned all inbound travel originating in China, Hong Kong, or Macau and that essentially means that all flights to and from those places have been canceled. While this should not significantly affect travel from or too the USA I would advise avoiding any flights that connect thru China or it's SARs. Most airlines have canceled flights until Feb 29th. Also if your Significant other is a OFW or Philippine Citizen in China, Hong Kong or Macau it will be very difficult for them to get back to the Philippines or if they are in the Philippines then not possible to get back to Hong Kong, China, Macau as the Philippine Gov. has banned travel by it's citizens to those destinations. Be careful and aware if you have travel plans in the near future to the Philippines
  11. Note not sure how much you consider a large sum. But there is a donor's tax in the Philippines for amounts in excess of 250K pesos doesn't matter the relationship between the donor and the receiver. My wife maintains a BDO account in the Philippines even though she lives outside the Philippines and she could initiate a transfer from that account. Also BDO has an association with Wells Fargo (Not sure of the details) so that might be something to look into. You might want to consider Paypal ? My wife and I have done it the other way from here to P.I. but she had bank accounts on both sides
  12. Last couple of trips to the Philippines didn't even have customs forms handed to us on the Plane and didn't see anyone being stopped to check bags at Customs. Of course, that doesn't mean be stupid but my wife and I have brought all manor of stuff including last trip 25 kgs of Toblerones. Knock on wood we've never been stopped in 20+ trips Unless you are bringing quantities that would justify re-sale then it's all for personal use. I would be a little concerned about the cheese and would probably skip that although that too would probably be OK.
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