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mjt112215

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Posts posted by mjt112215

  1. On 5/1/2017 at 9:43 AM, Chuck and Blaire said:

    Thank you for broadening my knowledge. I have done some reading as well. Your wife's case might fall to some exceptions in the Art 26. But you will still go through RTC (regional trial court) , as they are the only one has power to change the marital status in the public records. Just be careful in choosing a lawyer here. I will attach a link that might be helpful. If you have time, it's a good reading. Pls take note I am not endorsing any lawyer, I just found this article when I am doing some reading about your case. Pls keep us posted, not everybody knows about this annulment case exceptions , it might be helpful to others as well. Goodluck!  http://jlp-law.com/blog/divorce-annulment-philippines/

    What if the divorce that was granted was a joint petition for summary of dissolution? Meaning both parties agreed to get Divorce? Does that mean I can’t file for Recognition for foreign Divorce in PI?

  2. On 4/14/2017 at 4:03 PM, LKMK said:

    So I just found this on the PSA website:

     

    Annotation on the effects of divorce declared in a foreign country:

     

    A request for copy issuance of COM with annotation on the effects of divorce abroad resulted to a negative result or COM without annotation.

     

    How to correct:

     

    1. The divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC).

    2. Once the local court recognized the foreign divorce decree, register it to the LCRO of the place of jurisdiction of the RTC which granted the petition.

    3. The next step is to provide the copy of the registered court decree and certificate of finality to the LCRO where the marriage was registered for the annotation in the COM.

    4. Once registered, you may now request for an annotated COM at NSO.  The complete set of documents: registered court decree, certificate of finality, certificate of registration and the annotated COM is to be forwarded through courier to NSO for processing. Also hand-carry the set of documents for filing an application at NSO-Central Outlet, East Avenue.

     

    I think I'm just going to proceed with filing it in the Philippine RTC and do it the correct way.  Not sure what the difference is, but, I don't want any trouble in the future if we decide to buy land, etc.  I will let you know what happens for sure.  I'm guessing it will be several months before I can get an answer.  For now, I'm going to get the Attestation of the Law of Divorce in New York and send it to our attorney in the Philippines.  He already has a certified copy of my wife's divorce decree.  And we will see what happens.

     

    I wonder if there is any difference between filing it through the RTC or just going to the DFA for authentication and then take everything over to PSA.  I guess we will see, but I'll keep you informed.

    Following this 

  3. 1 minute ago, Hank_ said:

    As for renewing your Philippine passport, you have no choice but to renew it in your previous married name, unless you do the  below.

     

    Did your previous husband file for the divorce?  If yes, then you can file with the RTC to have the divorce recognized (you will need an attorney to assist you with this)

    Once the Recognition is completed you will then need to complete a new ROM filing before you can get your Philippine passport in your new married name.

     

    Having your Philippine passport in your previous married name is not an issue for filing the N-400,  Naturalization.  

     

    If you are completing your Naturalization this year you may want to hold off renewing your Philippine passport as it will become VOID once you complete USC (unless you have some travel plans coming up soon)

    But my passport is expiring this April 2018 and I read somewhere that I need a valid passport as one of the requirement for citizenship.. that’s the only reason why I’m renewing my passport. Not unless expired passport  won’t be a problem and asked as a requirement to be submitted. 

  4. 1 hour ago, cyberfx1024 said:

    Ako at hindi Amerikano hindi Filipino. But my asawa is filing this year on the 5 year rule.

     

    Oh I see... so she’s a Filipina? That’s my plan too to file base on a five year rule.. did she start on her citizenship already? I hope I can also chat with her and know things about this process too. Are you her first husband? 

  5. 1 minute ago, cyberfx1024 said:

    I unfortunately do not know of anyone who has had that done in the Philippines but keep checking back and more experienced people will stop by to help. Just wanted to affirm that you will have no problem here in the US side in regard to citizenship. You got married and divorced here in the USA with no issue so don't worry.

    Ty so much! Did you file citizenship base on 3 or 5 yr rule?

  6. 7 minutes ago, cyberfx1024 said:

    Yes, you can not process with a ROM with the embassy UNTIL you get a  Recognition of Foreign Divorce. When you renew it you HAVE to use you x's surname until you do both of those processes.

     

    No, it should not affect you at all when doing citizenship. How long have you been here in the USA, are you going to use the 3 or 5 year rule?

    So from the look of it I will just have to through this process if ever I’m planning to get married again in the Phil’s then… because if my citizenship is granted do I not get the opportunity already to change my surname to my current husband’s surname? 

  7. 6 minutes ago, cyberfx1024 said:

    Yes, you can not process with a ROM with the embassy UNTIL you get a  Recognition of Foreign Divorce. When you renew it you HAVE to use you x's surname until you do both of those processes.

     

    No, it should not affect you at all when doing citizenship. How long have you been here in the USA, are you going to use the 3 or 5 year rule?

    I’ve been here for 8 years now and planning on filling based on the five year rule… 

  8. I am in a situation where I got married to a UScitizen and got divorced… and as far as I remember I know when I changed my maiden name on my passport when I got married to him it was a requirement for me to do the report of marriage on it and then they changed my last name on his surname… fast forward to today… I remarried to a US citizen and now I want to renew my passport to his surname however the Consulate General of Phil’s in Chicago called me and told me that I have to get Recognition of Foreign Divorce via Philippine court… it sounded to me at first that they don’t have any clue whether my marriage to my first husband was legally registered or not in Phil’s and even asked me at first that I have to get a Cenomar… then later on told me they can’t process my report of marriage on my second marriage because I need that to be aunthenticatd by the Philippine court… 

     

    so so now my question is 

     

    1) if I will just use the same surname on my passport when I renew it this April Can I just still use my ex husband’s surname? 

     

    2)I am planning to file citizenship this year … will it affect my citizenship if my passport is in my ex husband’s surname and my state id is in my current husband’s surname? 

     

    Is is there anyone here who undergo the procedure of getting that Recognition of Foreign Divorce thing in Phil? 

  9. I am in a situation where I got married to a UScitizen and got divorced… and as far as I remember I know when I changed my maiden name on my passport when I got married to him it was a requirement for me to do the report of marriage on it and then they changed my last name on his surname… fast forward to today… I remarried to a US citizen and now I want to renew my passport to his surname however the Consulate General of Phil’s in Chicago called me and told me that I have to get Recognition of Foreign Divorce via Philippine court… it sounded to me at first that they don’t have any clue whether my marriage to my first husband was legally registered or not in Phil’s and even asked me at first that I have to get a Cenomar… then later on told me they can’t process my report of marriage on my second marriage because I need that to be aunthenticatd by the Philippine court… 

     

    so so now my question is 

     

    1) if I will just use the same surname on my passport when I renew it this April Can I just still use my ex husband’s surname? 

     

    2)I am planning to file citizenship this year … will it affect my citizenship if my passport is in my ex husband’s surname and my state id is in my current husband’s surname? 

     

    Is is there anyone here who undergo the procedure of getting that Recognition of Foreign Divorce thing in Phil? 

  10. On 2/14/2018 at 11:07 AM, Vetchay said:

    Hi Im a K1 visa holder, I already adjusted my status and now waiting for my GC. I have my K2 and im just starting to file an AOS for her. Do you know how much would it cost? She's only 13. Do I have to submit same requirements or forms that I submitted for myself? Thank you so much.

    Did your daughter get here in US same time as you? Coz I am in the same situation.. I would like to know what your steps are for her.. 

  11. 2 hours ago, Dee elle said:

    She cannot go straight to citizenship as she is not yet a permanent resident.  

    What I meant was... say I passed my citizenship thenafter that adjusted her status... is there a possibility that she’ll be granted citizenship without waiting for 5 yrs since she’s a minor still say she’s still under 18 when I get my citizenship and she’s her status is adjusted already? Or she’s still going to do Removal or Condition? 

  12. My case probably is unique than the rest here. I came here in US together with my daughter March 2010. We both granted visa through K1 and she’s my K2. 

     

    Here’s my timeline:

    March 5, 2010- got here in US 

    March 27, 2010 - got married to my fiancé 

    Oct 2010 - husband and I got interviewed for Adjustment of Status - approved 

    Oct 2012- field for ROC 

    March 2013 - ROC approved received my 10 yr green card 

     

    Now, here’s what happened during the time we’re adjusting my status... 

     

    While we’re filling up the Adjustment of Status form way back in 2010 we didn’t know and we’re so dumb not to know that time that we need a separate form for my daughter. A family relative told us who claimed she know this thing... and we believe her ... told us that we didn’t need separate form for my 4 year old daughter. We listened to her. 

     

    And me so we thought it’s all good. On the day of our AOS interview the IO asked us this:

     

    ”Where is your daughter’s AOS form?” 

     

    We: “we thought she’s already included on mine and no need for a separate one” 

     

    IO: No... she has to have her separate form filed here. 

     

    We: feeling so stupid and misguided ... then we asked the IO ... “when do we need to make one for her and when’s the dead line for the submission?” 

     

    IO: You can file it anytime, as long as her school won’t ask you any legal docs from you yet. 

     

    He he didn’t give any details on that and he never told us when is dead line for it too. Nothing... we just didn’t ask anymore since his face seemed like he’s hungry already and wanted to get rid of us quick. We got approved and sent us out already. He’s not friendly and didn’t even smile one bit. 

     

    Anyway, after that we talked and decided we’ll file her probably few months after this interview. But as days,weeks and months go by our marriage was being tested here and there and it slipped our minds already till we’re having financial difficulties already. Then husband cheated on me and we got separated around 2014. I didn’t file citizenship within the three year period I was married to him bec I never thought of it since I was preoccupied by stress and suffering. 2015 we got divorced and it was granted. So in those times my daughter was never adjusted. 

     

    I remarried to a wonderful guy who treated me and daughter well and loves us and we got our own kid today. 

     

    Now, I’m planning to file for citizenship based on a five year rule. However, I am also going to adjust my daughter who is now 13 yrs old. 

     

    Does anyone here have similar situation as I am now? Or do you know someone who’s situation is like this too? 

     

    I was looking for threads here about K2’s being adjusted separate from the K1. My daughter came here in US at the same time as me. So, I don’t know what should be the first thing to be done now, whether file her AOS first or file for my citizenship first before adjusting her?

     

    I also read somewhere here that K2’s need to wait for five years before filling citizenship. Is there a possibility that she can be automatically converted to citizen if I am a citizen already before I file her AOS? Coz I’m the one adjusting her and not my ex-husband to petitioned us. The ex- husband isn’t my daughter’s biological dad fyi. I have some friends who told me before that they became automatically a citizen coz their parents granted citizenship while they were minors. This was like 20 yes ago that it happened. 

     

    So im wondering if this is still possible at this current time? Since she’s still a minor. 

     

    Im planning to file citizenship this year. But wondering what my first step should be? 

     

    I also need need to know what’s the process on this since I’m filling her just now. I need to know what documents I need to attach on her AOS. Coz I know if she’s was filed the same time as me then I don’t have to worry much about these things since some docs like tax etc are attached to the K1. 

     

    This what’s makes it confusing for us. Because I’m thinking this should be just like when I did my AOS. But I don’t know what docs that needs to be included on this? I’m lost right now 😭

     

    We haven’t consulted lawyers yet coz we’re still trying to save money to afford one. For now this website is my Little hope in seeking some answers to my questions. 

     

    I hope I get some guidance on this and enlightenment about our situation and suggestions and ideas which path I have to take first.  

     

    Thanks for the the time reading this 😊

     

  13. On 1/11/2016 at 1:48 PM, July28 said:

    Help Help Help!!

    Any input will be appreciated please.

    I came in here in USA about 5 years ago . Came in under K1 Visa. I brought my 2 kids with me 7 years old and 2 years old under K2 Visa. . I adjust my status and now I am a Citizen. I have not done my kids adjustment of status due to financial reason.

    Question

    1. What process should I do for my kids ?do I still have to adjust their status first or just apply for citizenship now?

    Did you file for the AOS of your kids already? If yes, can you tell me details of what you’ve been through and how did it go? 

     

    Thanks!

  14. On 8/27/2012 at 10:00 PM, islandnook23 said:

    hi everyone. :) :) :) so i came to the US august 2011 with a k1 visa, married within the 90-day period, adjusted status and just got my green card last week, waited for 9 months for that precious card. my kid came on a follow-to-join k2 visa june 2012... and we are about to file his aos next month. my child's name was on the I-864 that we submitted when we filed for my AOS from k1. my affidavit of suppport was under my husband's coz he was the one working then. but my husband got laid off, so he's jobless now and i'm the one with a job. now my questions are:

    1.) should i submit a new I-864 for my child's AOS? i just started working so i won't be able to submit any ITRs and all that stuff. how does that work?

    2.) my child did some medical exam for school and got one immunization, and the doctor said that's all he needs. so does he still need a medical for the AOS? he also got a medical exam when before his interview in the philippines.

    3.) and will the k2 AOS process take as long as mine? do they still have to do initial review, blahblah or will they just base it on the fact that mine got approved and just approve it right away??

    :help: :help: :help:

    THANK YOU SO MUCH!!!

    Can you tell me details of how your kid’s K2 went? I need to know a lot about this since I’m going to do my daughter’s AOS

  15. My case probably is unique than the rest here. I came here in US together with my daughter March 2010. We both granted visa through K1 and she’s my K2. 

     

    Here’s my timeline:

    March 5, 2010- got here in US 

    March 27, 2010 - got married to my fiancé 

    Oct 2010 - husband and I got interviewed for Adjustment of Status - approved 

    Oct 2012- field for ROC 

    March 2013 - ROC approved received my 10 yr green card 

     

    Now, here’s what happened during the time we’re adjusting my status... 

     

    While we’re filling up the Adjustment of Status form way back in 2010 we didn’t know and we’re so dumb not to know that time that we need a separate form for my daughter. A family relative told us who claimed she know this thing... and we believe her ... told us that we didn’t need separate form for my 4 year old daughter. We listened to her. 

     

    And me so we thought it’s all good. On the day of our AOS interview the IO asked us this:

     

    ”Where is your daughter’s AOS form?” 

     

    We: “we thought she’s already included on mine and no need for a separate one” 

     

    IO: No... she has to have her separate form filed here. 

     

    We: feeling so stupid and misguided ... then we asked the IO ... “when do we need to make one for her and when’s the dead line for the submission?” 

     

    IO: You can file it anytime, as long as her school won’t ask you any legal docs from you yet. 

     

    He he didn’t give any details on that and he never told us when is dead line for it too. Nothing... we just didn’t ask anymore since his face seemed like he’s hungry already and wanted to get rid of us quick. We got approved and sent us out already. He’s not friendly and didn’t even smile one bit. 

     

    Anyway, after that we talked and decided we’ll file her probably few months after this interview. But as days,weeks and months go by our marriage was being tested here and there and it slipped our minds already till we’re having financial difficulties already. Then husband cheated on me and we got separated around 2014. I didn’t file citizenship within the three year period I was married to him bec I never thought of it since I was preoccupied by stress and suffering. 2015 we got divorced and it was granted. So in those times my daughter was never adjusted. 

     

    I remarried to a wonderful guy who treated me and daughter well and loves us and we got our own kid today. 

     

    Now, I’m planning to file for citizenship based on a five year rule. However, I am also going to adjust my daughter who is now 13 yrs old. 

     

    Does anyone here have similar situation as I am now? Or do you know someone who’s situation is like this too? 

     

    I was looking for threads here about K2’s being adjusted separate from the K1. My daughter came here in US at the same time as me. So, I don’t know what should be the first thing to be done now, whether file her AOS first or file for my citizenship first before adjusting her?

     

    I also read somewhere here that K2’s need to wait for five years before filling citizenship. Is there a possibility that she can be automatically converted to citizen if I am a citizen already before I file her AOS? Coz I’m the one adjusting her and not my ex-husband to petitioned us. The ex- husband isn’t my daughter’s biological dad fyi. I have some friends who told me before that they became automatically a citizen coz their parents granted citizenship while they were minors. This was like 20 yes ago that it happened. 

     

    So im wondering if this is still possible at this current time? Since she’s still a minor. 

     

    Im planning to file citizenship this year. But wondering what my first step should be? 

     

    I also need need to know what’s the process on this since I’m filling her just now. I need to know what documents I need to attach on her AOS. Coz I know if she’s was filed the same time as me then I don’t have to worry much about these things since some docs like tax etc are attached to the K1. 

     

    This what’s makes it confusing for us. Because I’m thinking this should be just like when I did my AOS. But I don’t know what docs that needs to be included on this? I’m lost right now 😭

     

    We haven’t consulted lawyers yet coz we’re still trying to save money to afford one. For now this website is my Little hope in seeking some answers to my questions. 

     

    I hope I get some guidance on this and enlightenment about our situation and suggestions and ideas which path I have to take first.  

     

    Thanks for the the time reading this 😊

     

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