TinTin and Samby

You don';t have to stay in an abusive situation. Keep your self and your assets (money, etc) safe. HOWEVER, since you are a Filipino, think about whether it is best for YOU to initiate divorce procedings, rather than get her to do it. Remember, As a Filipino, you CAN file for divoirce in the USA, but such as divorce will NOT be recocgnized back in the Philippines. On the Other hand, if SHE files for the divorce against you, that you can get a divorce here in the USA AND the divorce will also be recognized back in the philippines. Just think smartly about your options and keep your self safe.

Warm Regards,

Samby

Hi Exasperated. You aren't alone. We feel your pain too. We filed for ROC on March 10th. Had Biometrics on April 11. And have heard nothing since then. We also filed a service request at the 6 month time point and got the same response as you. "Your application is pending. Check back in 60 days." That sure was a BIG HELP! UGH!

According to VSC's Processing timeline, they are currently processing ROCs with a date of as far back as Feb 24, 2011. Of course we all know there are plenty of applications that have been proceessed through VSC with dates later than that all ready. So much for uscis's First Come, First Serve policy... Well, anyway, we are happy for the others, but sad for us as we still keep waiting. I think the Service Request process has shown itself to be worthless, so we are not planning to do that again. For now we will continue to wait...until the VSC Processing Timeline shows a Date of April 12 or later. The day that happens, if we have not had some kind of communication...RFE, Interview or Approval, then I am going to call my Senator and House Representative's offices. Until then, we will wait...frustratingly...as we watch a process unfold that in any other Private Sector Company would result in mass personnell firings or Company closures for this level of performance.....

We wish you Good Luck and hope you will receive word very soon.

Warm Regards,

Samby

Private Judy arrived for her trial period last week and in general seems pretty happy but when I gave her the list of american food that she's not allowed to eat she got a little upset.

She was yelling in philippino while she prepared my cheeseburger and kept talking about bakla. I got her lots of fish and rice so she should feel at home. I think if she started eating

a bunch of american food it would be really un healthy for her. Is bakla philippino for cheeseburger?

"Private Judy", huh....You certainly aren't shy with your "humor"..........

Warm Regards,

Samby

So the office said that I can't have "Wis" as my middle name as I filled out in the n400 form

He asked me to add a middle name as "Wis" by requesting a name change

OK...I feel like I'm Alice in Wonderland! Am I just being Dense here? These 2 statements above ARE THE SAME THING!!!!!!!!!!!!!

OFFICER: "Sorry Ma'am, you can't have "Wis" for your Middle Name."

OFFICER: "Here, Ma'am, Please put "Wis" down as your Middle Name."

YIKES!!!!!!!!!!!!! This makes ZERO Sense!

VJ peeps...please...help a poor old dog to sleep better and point out what I am missing here. Thanks!

Warm Regards,

Samby

Thanks Samby for your response

And sorry for any confusion (I know this is so confusing)

As for the middle name, I meant the first 3 digits of my maiden name and my husband middle name are exactly the same for instance, my maiden name 123abc and my husband's middle name is 123.

So when I filled out the N400 form, I filled AAA as my first name, 123 as middle name and CCC as last name (middle name and last name of my husband).

The officer asked me to signed a name change form to have "123" as my middle name.

Thanks again

Wait. Reread my first reply to you! You are not making any sense. You state that you filled out the form to use 123 as your middle name, but the officer told you you couldn't do that, then you say he gave you a form that you signed that had 123 as your middle name. HUH???? You are saying he gave you a form to fill out your middle name as 123 because he said 123 was not a valid middle name...AGAIN...HUH???? THAT DOESN'T MAKE SENSE. There's either a typo in your story or the whole thing is completely illogical. Please explain. Thanks.

Simply put:

If a Philippine citizen is married to a foreigner and the foreigner filed for divorce, the Philippines will acknowledge that the foreigner is divorced, not the Philippine citizen. It is for the sake of the convenience of the foreigner BUT the Philippines will still consider the Philippine citizen not divorce because: there is no divorce in Philippine law, only annulment but the marriage wasn't annulled in Philippine courts.

http://showbizandstyle.inquirer.net/entertainment/entertainment/view/20110224-322011/Amy-Perez-hopes-ex-hubby-files-for-divorce

Sorry, but you need to check your facts better. The above statement is not true.

In the scenario where a non filipino spouse initiates (files) for a divorce from a filipino spouse in a court of competent jurisdiction, The Philiipines DOES recognize this divorce for the Filipino Citizen and will recapacitate him/her to remarry. This is one of a few well documented exceptions to the general principle of "No Divorce in the Philippines". If both of the spouses are filipino, or if the filipino spouse is the one who initiates the divorce procedings, then this exception would NOT apply and the Philiipines will not recognize the divorce. In this case, the Filipino does not regain his/her capacity to remarry.

Warm Regards,

Samby

rdeangulo - Its actually 913 days (30 months). To be safe make sure you have 920-930 days before you apply. Good Luck!

And remember, those 913 days have to be within the immediately prior 5 years from the DATE OF YOUR N400 APPLICATION.

Warm Regards,

Samby

today i received a letter to appear for the oath ceremony on tuesday 22 att 9:00 am thank you for your help.i'm very happy :dance:

If OP is genuine, then my congratulations to you.

If not.........is that a whiff of Eau de Troll I smell???

Warm Regards,

Samby

Sorry, but don't understand your explanation..

Can you clarify the following:

#1) what is the significance of typing your maiden name as "BBBbbbb" (some letters UPPER CASE, some letters lower case), instead of the rest of your example names (AAA and CCC)?

#2) You state the officer at your interview asked you how you got BBB as a middle name, when you told him you got it from your husband, you state that he said that wasn't allowed. That sounds right to me. Completely "made up" name changes can not be facilitated via the marriage/immigration/naturalization processes. (But you can change any of your names: First, middle, last) to anything you want by going to Court and filing the appropriate motions - but that is a completely different topic and discussion) However, in the next sentence, you state that that same officer asked you to fill out a name change form listing BBB as your middle name. Huh? Is this a typo? did you mean to say that the name change form was to have "BBBbbbb" (your maiden name) as your middle name? (this is a pretty normal name change that many women make when getting married in the USA and can easily be processed within the marriage/immigration/naturalization processes with no real delay.)

Thanks for rereading your post and clarifying your situation.

Warm Regards,

Samby

Hi Everyone,

First of all, I want to explain here about my middle name.

for example, first name = AAA, maiden name = BBBbbbb (my husband has the same first 3 letters as my maiden name), last name(from my husband) = CCC

On my Green Card, It shows AAA B. CCC

I filed the N400 form by using AAA BBB CCC (my husband has "BBB" for his middle name and I thought I could create BBB for my middle name in the form because I never had a middle name before I married)

I went to my interview yesterday. During the interview, the officer asked me how I have BBB as a middle name in the form so I told him that I got that from my husband. He said that I couldn't do that. At that point, I was so scared for having the incorrect information in the form. Later he asked me if I want to have "BBB" for my middle name so I said "yes". He asked me to sign the name change form (to add "BBB" as middle name to my first name and last name). Before I signed the name change form, I asked him if this is going to delay my process or not "He said no" so I signed it. Other than that, it went well. He also gave me a paper indicating I passed all the tests.

Here are my questions;

1. Is adding middle name (not change first name and last name) going to delay my process?

2. If so, can I cancel that name change form?

3. If I can't cancel that name change form, where do I take the oath? Court house or USCIS office?

Thanks!

Her second marriage was null and void from the very beginning, because she was still legally married to her first husband. They can't get divorce anywhere in the world, because they're covered by Philippine laws. Unless she underwent naturalization and became a US citizen during her stay there, she can't file for divorce.

She's STILL married to her first husband, I think.

http://www.bcphilippineslawyers.com/marriage-annulment-divorce-in-the-philippines/430/

+1 Which makes the 2nd marriage fraudulent and therefore not legally in force, which also makes the 3rd marriage fraudulent and not legally in force. Since neither the 2nd nor the 3rd marriage are legally in force, that makes any divorces of those marriages irrelevent. Since the OP states that her first marriage was to a Filipino in the Philippines, then there are ZERO divorce options for her with that one. Yes there are annullment options, but I doubt that annulmment at this time would be a curative action for all the subsequent fraud. At best, I would think, it would put her in a unmarried status and therefore legally able to be married again in the future. (Remember, the other marriages are irrelevant, because they were entered into on fraudent basis, and she did not have the legal capacity to marry, since she was still married to husband #1 (hence the charge of bigamy). On top of all of this, there are strong quentions to be asked regarding her immigration status - if illegal, then, it's illegal, period. If her status came about through a (suppossed) legal process, then it too could also be null and void if marriage was part of that process and she "hid" that first marriage. That's immigration fraud..if that is what happened.

I also believe she is still legally married to the first husband (and only the first husband). All other marriages were entered into under fraud and have no force of law. The divorces from those other marriages are irrelevant.

It's certainly a big mess and a great example of the downward spiriling out of control that can occur when trying to not follow the rules and then try to hide that fact.

Warm Regards,

Samby

Not related to the "until" utilization, but the above posts have 2 examples of another "Classic (common)" example of Tagalog to English "translation" speedbumps (a gentle way of saying errors...) - The use of the word "ON".

Number #1:

"I understand what you are saying because I am on the same position." This use of "on" is very common from Filipinos, but is, in fact, a translation error. the correct english would be "I understand what you are saying because I am at the same (level)."

Number #2:

"Sometimes we have the tendency to translate our tagalog sentences in a conversational manner that gives a different meaning on how we want to convey the message." The correct english would be "Sometimes we have the tendency to translate our tagalog sentences in a conversational manner that gives a different meaning to how we want to convey the message."

The "until" post just got me thinking of other examples to share. I continue to be impressed as can be at the amount of english coming from non native english speakers in the Philippines. I know , for me, it is all I can do to get a couple handfuls of Tagalog WORDS memorized - I can't imagine being able to actually construct whole sentences! And then try to do that with NO ERRORS..YIKES!

Warm Regards,

Samby

Unfortunately, just some bad luck. Ecensus does deliver anywhere in the Philippines, even the most remote provinces. The cost is (suppossed to be) the cost. It seems that you just were the victum of an unfortunate combination of a lazy courier and some corrupt money grubbing middlemen. Sorry that happened to you.

Warm Regards,

Samby

On your return from PH to the USA, you will have to get a Waiver form for the "Filipino Exit Tax". The waiver can be gotten at the desk in the lobby hall of the main terminal of NAIA. There isn't a fee, but there usually is a line (well...it's the Philippines, so actually , no line...just a SWARM of unqued people!). You will need this waiver form BEFORE you check in at the Airline desk. So, just make sure you leave yourself an extra 30 minutes or so to get the form. (and of course, as you already know, you will need your PH Passport and your USA GreenCard.).

Warm Regards,

Samby

I was there for TinTin's appointment at USEM. However, was NOT allowed in the interview room. As others have said, it all depends on the CO you get. Some are nice and others are ..well..grumpy. TinTin's was definately Grumpy! That said, it was only 10-15 minutes long. I was still glad to have been there with her.

Warm Regards,

Samby

many people called and received a confirmation from the FBI that their FPs have cleared. I have not personally done that, but read numerous threads that people have...

Again, nope. Reread those posts and call the number yourself, if you would like (I have on several occassions.)The "Cleared" comment means that the fingerprints weere received by the FBI and a reply was sent back to the USCIS. "Cleared" from that phone line doe not mean that all is "A-OK" with the fingerprints.

Warm Regards,

Samby

You can call the FBI and provide them with your A# and probably something else. They will tell you if your FPs cleared or not.

No they won't.

That FBI phone line will **NEVER** tell you if your fingerprints are "Good" or not. They will only CONFIRM if they received the fingerprints sent from the USCIS ASC and if they have sent a REPLY to the USCIS ASC. The content of their REPLY will NOT be disclosed. AGAIN - You do not know if the Reply was, for example, "Fingerprints received and read and no match found" or "Fingerprints received and are unreadable" or something else.

However, as a previous poster mentioned, receiving an invitation for an interview is probably a good indication that the fingerprint issue is behind you.

Warm Regards,

Samby

the long birthcertificate has more information on it get a copy at nso.

For immigration purposes you need what is referred to as a "Authenticated True Certificate of Birth". This is issued by the NSO. It is the only type of Birth Certificate that the NSO issues. It is sometimes referred to as the "long form birth certificate", although that name does not officially exist.

As a previous poster replied to you, you DO NOT want any local birth certificate from the LCRO, Baranguy, Hospital, Midwife, Church, etc.

The easiest way (and cheapest if you are located in the Philippines to get a copy of your NSO Authenticated Birth Certificate is online at https://www.ecensus.com.ph/Secure/frmIndex.asp. (WARNING: If you are NOT in the Philippines, this way is much more expensive)

Warm Regards,

Samby

Jeez. Like I said, when I had my bachelors degree evaluated, mine came out as equivalent to a US degree. I never needed to take extra courses. I am currently in grad school for speech pathology here in PA. I even have a partial scholarship!

That's terrific for you. However, Curriculum evaluations are on a course by course basis. THEN, that course by course evaluation is matched up to a SPECIFIC DEGREE PROGRAM AT A SPECIFIC (USA) EDUCATIONAL INSTITUTION.

There is no way of saying that "My degree is equivalent to a USA Degree". The evaluation is that "My specfic (Philippine) course curricuum that I followed for my Degree matches up against the specific course curriculum requirements of XYZ Degree at ABC University in the USA and ABC University has agreed to grant me academic transfer credit for the following courses in their degree program."

If all the required courses in their degree program are covered by this course by course granting of accademic credit, then great (a rare thing indeed). If not, you will have to make up the difficiencies.

Warm Regards,

Samby

A couple points to consider:

A "High School Diploma" in the Philippines is (generally and normally) completed at age 16. This (generally) concludes with a total of 10 years of primary and secondary instruction (education).

A "Bachelors Degree" in the Philippines is (generally) completed at age 20. It generally includes 4 years of post secondary (post High School) instruction. When completed, the student will have 14 years of instruction (education).

In the USA, a High School Diploma is (generally and normally) completed at age 18. This (generally) concludes with a total of 12 years of primary and secondary instruction (education).

In the USA, a Bachelors Degree is (generally) completed at age 22. It generally includes 4 years of post secondary (post High School) instruction. When completed, the student will have 16 years of instruction (education).

As you can see, and can be validated by looking at (most) Philippine University "Bachelor Degree" curriculum, a "Bachelor Degree" in the Philippines is analagous to a 2 year Associates Degree in the USA - not a Bachelors Degree in the USA. The first 2 years of the Philippine "Bachelors Degree" is analogous to the Third and Fourth year of USA High Schoool (secondary instruction years 11 and 12 in the USA). The last 2 years of the Philippine "Bachelor Degree" is analagous to the first 2 years of post secondary instruction (post High School) in the USA. Depending on the subject matter (major) of the Philippine "Bachelor Degree", these 2 years may be more in line with a USA 2 year Technical College degree or a USA 2 year Community College Associates Degree or simply the first 2 years of course study in a USA 4 year University Bachelor Degree curriculum.

As many have stated here already, the USE of the Philippine Bachelor Degree in the USA is MOST IMPORTANT DETERMINANT in how it will be viewed and received:

As a general Post Secondary Educational Achievement, for example, in an unregulated profession (such as a Philippine HRM Bachelor Degree in the USA Hotel Management Industry), it can provide value on its face, by demonstrating to a prospective employer that the candidate began a long term course of action, perservered in that course of action and completed that course action (ie began, persevered and completed (graduated) a University Degree), regardless of the underlying details of the degree program of study. This is a very attractive candidate attribute to a perspective employer.

As an attained Degree in in a Regulated profession (such as Nursing or Law), the value of the Philippine Degree is more subject to scrutany based in the institution conferring the degree and the curriculum of the degree itself. There are also

career specific proficiency exams required by Regulation Agencies in the USA that will be required in addition to the scrutany of the attained Degree - NCLEX, for example, in the Nursing profession.

As an attained Degree for use in continued study for other attained Degrees in USA-based Institutes of Education (Universities, Colleges, etc), the fact that the Philippine Bachelor Degree (as a Degree) was conferred will be nearly meaningless. An evaluation of the specific coursework that was undertaken and completed (on a course by course basis) that made up the curriculum of the Degree at the specific University in the Philippines will be required. This evaluation must be performed by one of Associations accredited and approved for such curriculum evaluations by the USA University (or other Institute of Higher Learning) where credit is being sought. In general, the BEST CASE SCENARIO for a holder of a Philippine University issued "Bachelor Degree", would be gaining Junior Year (3rd Year) entry standing in a 4 year Bachelor Degree program of Study at a USA University or College. (Keep in mind that the first 2 years of a Philippine "Bachelor Degree" are years 11 and 12 of secondary instruction (education), which are equivalent to the last 2 years (years 11 and 12) of USA High School and as such would, generally, receive zero or close to zero transfer credit toward a USA University/College Bachelor Degree program of study. This would be a BEST CASE SCNARIO, a more NORMAL SCNARIO would be that the course by course review by the Curriculum Evaluation Association would result in "some" courses being accepted for transfer. Normally, the more specialized, regulated, higher level the degree, the less credits that will qualify for transfer.

Warm Regards,

Samby

Thank you. Per my understanding, one is not required to submit the tax returns with the N-400 application and only brings those to the interview. Are you suggesting to submit the amended tax returns with N-400 so that the USCIS is aware of the changes so there is no surprises during the interview and throughout the naturalization process?

Thank you

What I am suggesting is that you file the amended tax return with the IRS first. Then after it has been processed by the IRS, you submit your N400 application - as you state, no need to submit tax returns with application - and also no need to explain anything as the situation would have already been corrected and if/when the US Government looks into any tax information for you, it will find everything in order.

Warm Regards,

Samby

I would go ahead and apply now. Just submit the taxes you have and in your cover letter explain that they were filed wrongly (filing status) and that you are in the process of amending them, so they reflect the correct filing status.

For your interview just take the transcript of the amended one with you.

This should not be a big deal for naturalization, I thought more about if you want to sponsor your husband and you did not file married! Most likely the amount of taxes will not change anyway.

Wishing you a speedy journey.

Sib

Kudos to Sib who points out very accurately that the filing of "Single" was in error and MUST be corrected.

I am not sure I personally would agree with this second advise of going ahead and filing the N400 with a letter of explanation. From my point of view, the more little "hiccups" that you give the Government, the more ammunition they have to make Big Deals Out of Nothing. If it were me, I would file the amended tax return and then submit a copy with the initial N400 application - thereby eliminating any need to "explain" anything regarding this matter.

Warm Regards,

Samby

Have your wifes' parents write a To Whom it May Concern letter and have it notarized to the effect their daughter, (name), and son-in-law, (name) are living with them and paying them rent.

+1

Hello vjers,

I was married abroad middle east year 2003 and divorced 2004. According to their law, I'm legally divorced and have a proof of it ( this is also submitted to the USCIS, from the very beginning). So when NVC provided me a case#, it should be process in Manila. What makes me worry is that, in my NBI Clearance, it says I'm single. I asked the NBI employee if it is ok to change it as "divorced" being my civil status, he said, Philippine law has no divorce. Could this be accepted by the US Embassy Manila?

Appreciate your inputs...

Your profile is a bit confusing. It says that you already had your interview at USEM. Yet, your signature line says it is only scheduled for later this month.

So, I will make some assumptions for my reply to you. Please correct any assumptions that are not accurate. And note the key information needed in order to know what your option(s) are.

1. You are a Filipina currently residing in the Philippines.

2. You were previously in the Middle East (IMPORTANT: need to know the Country to confirm the answer to your situation) where you were married and then divorced from some man (IMPORTANT: need to know the citizenship of that man in order to confirm the answer for your situation.)

3. You never had your Middle East marriage reported to the NSO in the Philippines (which by the way, is irrelevent - the Marriage existed, regardless of having it reported or not).

If you were NOT the petitioner for the Divorce (and depending on the COUNTRY where the divorce occurred and the CITIZENSHIP of the Man you were married to), then the Philippines WILL recognize the Divorce. You will need to a) Report the Marriage to the NSO and then b) report this valid exception to the "no divorce" Philippine Laws. This must also be reported to the NSO so that they can issue a correct and true CEMAR/CENOMAR documenting your previous married status and your current divorced status - and most importantly, you legal ability to enter into another marriage.

There is simply no way that all of this NSO paperwork will be complete by your scheduled interview at USEM in Manila this month.

You can not simply take the NSO CENOMAR to the USEM and "not mention" the prior marriage and divorce. That would be Fraud and it would most likely result in not only a denial of the K1, but a ban as well. (I do see where you stated that you provvided this info in your previous documentation. However it would be erroneous to assume that USCIS has even looked at your file contents yet. Just becuase they have not communicated anything to you, does NOT mean that "All is Well".)

One of the fundamental requirements of the K1 visa is that BOTH parities have to be legally able to Marry. This Legal Ability to Marry is based on the Laws of the Countries from which the each party is a citizen. That would by PHILIPPINES for you. Having a Divorce Decree from a Middle Eastern country does nothing to tell the USEM that by PHILIPPINE Law, you are free to Marry.

The above is the BEST CASE SCENARIO for you. It could be far worse. If the person you were married to and divorced from in the Middle East was a Filipino citizen, then that divorce will be invalid in the Philippines and you will still be considered married and therefore NOT free to Marry again - hence no K1 Visa.

Also, if the person you were married to and divorced from in the Middle East was a citizen of a country that allows divorce, but YOU were the party that initiated the Divorce Action, then that divorce will also be deemed invalid in the Philippines and you will still be considered married and therefore NOT free to Marry again - hence no K1 Visa.

You have a lot of work ahead of you to straighten all of this out before you can proceed with your K1 Visa process. I wish you the best of luck.

Warm Regards,

Samby

P.S. There is the remote possibility of filing for ("buying") an Annullment, but that is not a sure thing, takes a long time and can be very expensive in the Philippines.

That's correct, you do not need to go to the immigration office to report your marriage. You can report your marriage through the mail to the Philippines Consulate which has jurisdiction over the city where you got married. Or, you can go to the Consulate in person. Or, you can go to one of the Consulate's outreach programs which are listed on the Consulate's website. By the way, reporting your marriage is not mandatory unless you want to amend or renew your passport.

...or report the birth of a child.

Warm Regards,

Samby

All in all nice post TinTin and Samby I agree with almost everything you stated except #1.

I THINK? NOT SURE? There are instances where Philippine law stipulates a difference between a citizen by blood and a citizen by birth. A child born to a Philippine parent would be a citizen by blood not by birth, hence not a natural born citizen if born in the U.S.A.

Does anyone know if Philippine law stipulates a differnce in citizenship by blood or by soil birth? Where is it referenced?

Wyatt

Hi TRIPLEG. No difference in Philippine Law (or US Law for that matter). The definition of "NATURAL BORN CITIZEN" is a Child who was conferred Citizenship at the instance of birth - per the laws of the country conferring citizenship. In the Philippines, these laws are based on BLOOD relations, NOT GEOGRAPHY (location of Birth). In the USA, the laws are based on BLOOD relations OR GEOGRAPHY (location of Birth). Any other type of Citizenship other than NATURAL BORN is conferred based on some subsequent ACT performed by the Child or its Legal Guardians (Parents, etc). The most common of these other types of citizenship whould be NATURALIZED CITIZENSHIP - a process (ACT) that many of us here at Visa Journey are familier with.

Warm Regards,

Samby