Frank Geraljane

Since its a relative you can pre-arrange it so that he doesn't get paid till he actually receives EAD or greencard. For example he works for free on a trial basis for 4 or 6 months then gets a Christmas bonus (that actually compensates for the months he worked for free). You may talk to a tax accountant to see how to make it work on paper. The drawback is that if things don't work out for him with the patient, then he may not get paid at all (just be aware). Good Luck

Thank you very much for your reply. Really I wanted peace of mind for my friend. I would like other comments as well but I will let him read this. Thank you and others also.

A friend I know who arrived from a foreign country last July 2007 legally and is well trained in nursing. But he is waiting for his Employment Authorization Document letter or his green card, whichever comes first. The place he will be working at is a private residence and he will be taking care of a sick relative for 10 or 12 hours a day. Is this advisable work for him to do it as long as it is a private home?

I am against him for doing it but the family that wants him to do it is okay about it.

Any ideas?

Hi everyone

Gerajane had her interview on February 20th knowing that presumptive death was an issue brought up iin the forum. We went forward knowing the Philippines allow PD as a legal means to dissolve a marrage and allow for remarriage. Well Geraljane was well prepared but astonighsingly enough the consul asked on ly one question from theat whole issue. He asked 3 times "When was the last time you saw your ex?" and she answered "August 1982". And the only reother question was "who was "Sheriff's name" that served the summons?" And she answered who it was. They never asked any documents ffrom her. Why? She just trusted the Lord so completely and "be ready for whatever happened". She was well prepared with all the documents 10 folders; but he never had her look into it once. Instead the American Consul was very impressed with my original K-! petition folder. Only the Filipina interviewer asked for the birth certificate of Geraljane and her daughter; NBi; baptismal; the court decision, and the death certificate of my late wife.

The American Counsul interveiw was only 3 minutes. She was told to wait for her name to be called at window 34. Geraljane waited 30 minutes where she was approved. Geraljane and her daughter flew over on March 2 2007 into Seattle and is here with me now in Olympia as I write up this update.

So no matter waht you think your issue might be go in with a positve attitude and much prayer; and do be well prepared with the latest documents all offices on file. Cause that's what's Geraljane did constantly. But most of all Geraljane and I give glory to God for answering our prayers and keeping our spirits up. This forum and the many posters here are a real help also. To those in AR hang tough and pray, stay focused with a positive mind. God bles to all.

Hi,

I spoke with my fiance and told her we will go ahead in full confidenc with our presumptive death document in court. Presumptive death is an acceptable way to show termination of marriage both in Philipino law and at the U.Sl Embassy site. Here it is addressed in the U..S. Embassy Site under the direct questioning of ...which I will site below:What are the main reasons a K1 visa is denied?http://manila.usembassy.gov/wwwh3204.html

K1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of petitionable relationship; misrepresentation of facts, medical and criminal grounds and potential public charge.A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. An American may terminate a Filipino marriage through a U.S. divorce.

And I know it's not a legal way to search but I did do a google search and the only problem I see with presumptive death as an issue for denial was just in Kirk and Jenny's post. It was never an issue before or during or after an interview until this particular post. Also I was curious why they needed a picture of her husband at that time. I'm glad they acknowledged they did not know the real reason for the denial.

So I think any one that is going the presumptive death route is fine.

Has anyone heard from neonspark and kirkandjenny?

I read Kirk's message on a thread he started ... that was about a week ago.. copying and pasting his message.. here it is:

I do not know if this will help anyone. It seems like we were rejected because Jenny did not have a picture of her and her ex-husband who deserted her and her child 5 years ago putting her brothers and then me in the position of supporting her and her child. Everything else was fine. I will fly over there and marry her soon. I will then come back and liquidate assets and emmigrate to the Philippines. I do not know if this is stating that presumptive death even though stated by the embassy is a valid show of singleness or not. I think we will never know the real reason for rejection. Anyway, I do not know if this helps anyone, but might be a reason to try annulment instead of presumptive death. Good luck to all of you and thanks for all the help this forum has been.

Kirk and Jenny

Oh my, how sad. I can certainly feel their pain.

KirkandJenny, if you are reading, a simple declaration of presumptive death is not enough to prove singleness even if it is issued by the court. A petition for annulment of marriage based on presumptive death should have been filed.

Do take note of this provision in the Family Code:

Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee,

without prejudice to the effect of reappearance of the absent spouse

. (83a)

Art. 42. The

subsequent marriage

referred to in the preceding Article

shall be automatically terminated by the recording of the affidavit of reappearance of the absent spouse, unless there is a judgment annulling the previous marriage or declaring it void ab initio

.

So Kirk, even if you do marry Jenny here, once the ex-husband re-surfaces and submits an affidavit of reappearance, your marriage to Jenny will be automatically terminated. Before you marry Jenny, I suggest to have her previous marriage annulled on the basis of presumptive death. And please consult a Philippine lawyer and verify these facts. I am not a lawyer and these are just my humble opinion.

The visa was denied because the declaration of presumptive death did not terminate the first marriage. It is an open-ended case as far as embassy is concerned.

At any rate, the Philippines is a lovely country, Kirk. It doesn't matter where you live, as long as you are together, everything will be fine.

PW

PW, please update our data. Interview date is feb. 20.th Thanks.

Finally!.......On NOV 6, 2006 we recieved our statement via email

from NVC our package is on its way to Manilla Embassy!!! I feel like we

are all race horses running that fast race of life. But Hey!!!.... we are on our last stretch

come on cuddlebug run.... cuddlebug run.....YEAH!!!!! Looking at that finish line.....WOW Its in sight now!!!! My Prayers and thoughts are for all of us who are running the same race!!!

CONGTRATS!! God bless..

I got this letter from the NVC today...

Good Afternoon,

The National Visa Center has received your inquiry regarding WAC-062*****. After searching our records, no information was found regarding this case. Please contact U.S. Citizenship and Immigration Services (CIS- formerly known as INS) to verify the status of this petition.

Regards,

National Visa Center

OH2

Is this normal? Like it will stay at USCIS for a month or so? I tried calling the USCIS but they dont even know what to say, they just said that its a I129F application and just wait....

Yes, it's just normal.. Our NOA2 was September 19/06 and we got our case number October 27 when my fiance called NVC. So, you will have yours soon.. God bless..

If I am not mistaken, you can call the Embassy once they acknowledge they have the ptition and correct the spelling over the phone just like you would an address change. If i am wrong, I hope some of the other VJ members will speak up. Good luck, Payato.

Hello, Payato thanks for responding to my question.. Yes, i will call Manila Embassy and fax them a letter about the correct spelling of my name. Thanks again..

For NVC to fix it you need to catch it before they send it to Manila. After they send it to Manila they will say you have to contact Manila to fix it.

Thanks so much for responding..

I would like to hear if/how you resolve this. The US Embassy in Manila said NVC makes a lot of mistakes like this. #######? I'm concerned that the error will propagate to my fiance's interview letter and it will be an issue when she goes for her physical exam and interview.

Hello.. I am chatting to my fiance right now and informed him about this error and he email NVC right away... I will let you know then.. And please let me know also if how resolve this.. Thanks

Hello... I got an email from NVC today about our case number but last Friday my Fiance already called NVC and the operator gave him our case number.. NVC spelled my name Garaljane instead of Geraljane .. Is it okay if I'm the benificiary call Embassy Manila to verify the spelling? Guys, help us what to do.. Thanks so much..

Dear Sir/Madam:

Your inquiry has been received at the National Visa Center (NVC). The NVC has completed its processing of the visa petition you mentioned in your letter and has forwarded the petition to the assigned US Embassy/Consulate General for further processing.

Any further inquiries should be directed to the assigned US Embassy or Consulate General.

Case Number: MNL2006799***

Beneficiary's Name: ******, GARALJANE

Preference Category: K1

Your Priority Date: ********

Foreign State Chargeability: PHILIPPINES

U.S. Embassy/Consulate: EMBASSY OF THE UNITED STATES, VISA UNIT

1201 ROXAS BLVD

MANILA

PHILIPPINES

Regards,

National Visa Center

lvf

Hello... I got an email from NVC today about our case number but last Friday my Fiance already called NVC and the operator gave him our case number.. Mine is the same with you instead of Geraljane the NVC spelled my name Garaljane.. Is it okay if I'm the benificiary call Embassy Manila to verify the spelling? Guys, help us what to do.. Thanks so much..

CONGRATS!!!!

Thanks so Mew!!!

CONGRATULATIONS!!! I have just one question. I see in the stats that there's a couple, G & F, for whom the beneficiary is also from the Philippines and whose NOA1 date is the same as yours. They're listed as having gotten their NOA2 yesterday (9/18)...Are you the same couple? If so, could you let us know that so we can eliminate any redundancy in the records we're keeping?

Thanks!!

CELEBRATE WILDLY!!!

Best of luck on the steps ahead!!

Kirsten L

Yes we are the same couple.. I've just edited my timeline.. And please can you tell me how to post my timeline here... Thanks so much guys...

Hello guys!!! This is my first post and i am so very happy today that when i checked our online Status, I can't believe it and i thought I was dreaming.. Thanks so much to God for this.. CSC is moving very fast now.. Thanks to all the people here...

Thank God!!! We are approved too.. I can't believe it!!

Receipt Number: WAC**********

Application Type: I129F, PETITION FOR FIANCE(E)

Current Status:

This case has been approved. On September 19, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.