Mike&Jin

This was very informative thanks, i hope others considering a prenup would read and get something out of this, i did.

Thanks for taking out time to write.

Your welcome - no problem taking the time......just trying to help all see some of the issues that might prompt a prenup - and of course if these are not applicable - no prenup is needed!

Hello,

I'm a new member here at VJ although I've been reading this site for some time now and thanks to you guys, my IR1 visa just got approved a couple of days ago with no issue whatsoever.

Here in singapore, the process is quite different from other embassies, the medical exam result is brought directly by the clinic to the embassy. During my interview, they gave me back my X-Ray film. When I returned a few days earlier to get my passport with the IR1 visa, they also gave me a sealed brown envelope that they said I should give to the officer at my POE. They didn't say anything about the X-Ray film so I was wondering if I need to hand-carry it? It's quite big and I really would rather put it on my checked baggage.

I have a 14 hour stopover at Tokyo so I'm planning to go out to the city for a while that's why I'm really looking to keep my carry-on baggage to a minimum.

Hope you can advise me.

Thanks a lot

DON"T EVEN TRY TO ENTER THE US WITHOUT THE XRAY. I HAD READ ABOUT CARRYING IT ON ANOTHER WEBSITE (CANDLEFORLOVE) AND THANK GOD I CARRIED IT...AS THEY INSISTED THAT I TURN IT OVER AT POE - HONOLULU. IF THEY DON"T HAS IT"S NO BIG DEAL...BUT HAVE IT WITH YOU....

david

Beautiful_years @ Nov 9 2008, 03:18 AM

NOTHING can kill romance faster than the word prenup. But with about one in three of all first marriages ending in divorce, and 50 percent of second or third ones hitting the skids, a prenup is smart financial planning.

Marriage is not just an emotional and physical union -- it's also a financial union. A prenup and the discussions that go with it can help ensure the financial well-being of the marriage also One option for softening the blow of a prenup is to add a "sunset clause," which specifies a time at which the contract would expire -- for example, after 5 or less years of marriage. Depending on what you both agree.

PRE-NUP - Interesting Topic.

Thoughtful comments, on both ends of the spectrum reference this important topic. We just K1'd to the US (From China-where we both lived) and got married yesterday. Yes there was a prenup!

1. As many have said, when you are young and just finishing school, no children, grandchildren, businesses, homes, assets - then the NEED for a prenup is low. The reverse of this increases the need in direct proportion to the extent of these items.

2. Some folks own businesses that have been in the family, or have trusted-loyal executives that have been promised stock on sale, profit sharing, and other property settlements. One would hardly want to abandon earlier comitments and promises and leave these people liable for a possible property battle in courts as a result of a subsequent divorce.

3. There are often children, who have resided in a "family home" for years - that have expressed a desire to continue living there....and a whole host of other property items that one does not want to have a LIABILITY from a new spouse that could end in a court battle. Loyalty to children, employees and honoring ones previous comittments and responsibilities is important.

4. There are often inheritance issues, educational funding trusts, and a whole host of entities and documents that one must "remove" the liability from anyone potentially tampering with these established items.

5. The family business (farm) scenario - where the children, aunts, uncles whomever - are a part of a privately held company -- derive there income from this business --one cannot let a subsequent divorce - cause sale or put them out of business and end their lives.

6. When one has a larger than average income from Investments, Property, and business - limitation on future earnings should, and often is outlined, limited, and dealt with before the divorce/marriage and problems. Many view that short term marriages should not result in 1/2 of these monies being awarded to one spouse, and then there is the idea espoused here that perhaps there could even be potential marriage fraud, change of heart when moving to a new country, or just plain incompatibility! Things change.

Having said all that, a prenup is not always, limiting, restricting or punitive. Many put the following in the prenup which all help to define and ensure that the potential spouse is secure:

1. An amount of money to be awarded to the spouse with less assets/income based on years of marriage or some other formula in the event of divorce.

2. All newly acquired property placed in joint ownership - specifically sharing "new life assets".

3. Joint investments, accounts, etc to be joint property - within "new life assets".

4. Outlining of Survivor Benefits, disposition of 401k, IRAs, and other things specific to maintaining security of the spouse with lessor assets/income.

5. Trust, wills, and other intentions relative to trusteeship, pour over wills, and other LLC, assets germane to the new spouse.

6. Dealing with the fact of Non-US Citizen spouse not being a USC and the very DIRE situation in terms of Estate Planning - and exclusion provisions for a USC spouse...a BIG PROBLEM IN THE US.

7. As mentioned before -- issues about debts, old/prior, and newly acquired after marriage.

All the above sounds like issues that mature, responsible, married citizens must plan for in their married life. Without consideratin of security, survivor benefits, taxation, life insurance, ownership issues, investmetns, business, income and income tax --- is to have a less than responsible approach to a complex life we all must deal with. The more money and assets you have the more complex the issue.

Let those without assets, income or prior comittments marry without the need of a prenup or consideration for the future. They can work together and build their lives and property and equally work, share, and benefit from thier own efforts.

For those that are, perhaps older, and have prior responsibilites and agreements/contracts, as well as perhaps significant assets, be responsible and ensure due diligence in terms of protecting these matters.

For those that have a need for prenup: Tell your potential spouse EARLY in the relationship that you need to have this agreement. Nothing spoils a relationship worse than 11th hour surprises. If you need one....there are sound reasons for it, and a logical mature person can understand these reasons.

Ensure that the prenup is written or each element is understood by the prospective spouse. Execute it in your legal state before marriage. Get a lawyer for your potential spouse - and a court interpreter to ensure that your potential spouse can understand EACH ELEMENT within the document - and of course notarize the signings etc. If possible, try to have the prenup executed well in advance of the marriage. For K1's this is usually not doable - but put in a clause that this has been discussed for some time, and that because of the K1 entry - and wanting to execute in the US and after entry to the US, there is NO PRessure to sign, and that all parties have been aware of the creation of the document. "I AM NOT A LAWYER AND THIS IS NOT LEGAL ADVICE", ONLY OPINION.

Ok, too much and of course all IMHO, based on my experiences. Your mileage may vary!

Best of luck to all and may you all be happily married forever!!!!

Hi everyone,

I called the Doc and they told me that Guangzhou consulate recieved the petition on Sept 4, 2008.

She has not recieved the package yet, she lives in Guangzhou, How long does it takes until she gets the package?

Does she has to do anything or just wait?

Thanks!

Usually within a couple weeks. DOS can tell you if and when it was sent. Often this occurs on a Saturday.

Hello,

My fiance recieved P-4 today, I guess her interview would be around first week of Nov.

Thank!

This would be the P3, not the P4. If it were a P4, it would tell you the interview date. If she turns it around right away, I would expect a November interview with a possibility of October. There is not way to predict what portion of a month and interview appointment will be assigned in GUZ. P4's that go out today could have an interview date any day in October. Within a given month, the interview dates are random.

THis is pretty accurate information -- throughout the history of GUZ - without issues. FYI - We sent our P3 to GUZ on the 16 Aug, GUZ scheduled interview and returned the P4 on 10 SEP. Took 1 day to get here. Track the P4 out using the EMS # that your fiance/wife provided in the P3 packet back to GUZ. If she didn't make a copy of it -- you missed a great opportunity to track when the interview will be scheduled/P4 will arrive. I checked the EMS everyday starting 14 days after we mailed it in - when it said picked up -- I called DOS that night (I live in China) and they told me the interview date 7 Oct 2008. EMS is an overnight service - in GUZ I couldn't imagine it would be more than two days from the time it iinters the EMS system. It was 26 hours from pickup to delivery -- and we are in a different Province! Best of luck. Hawaii Mike

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Hello,

She is in China right now but the problem is that where she live and her household address is different. THey are giving her the I cannot do this or you need to go her and it been about 3 week. I just really don't know how to help. I wish there is someone over there we can just pay and get the clearance for her.

Joe.

This is fairly straightforward when one lives in China. I live in Xiamen with my lady. Her "Hukou" (family registration) is in ANOTHER Povince/City (like state/city in US). She must go through the Hukou....city/province Security Police to get this form. It then must be taken to the Public Notary Service "Gong Zheng Cheng Chu" -- this is both a "NOtary & Translation service. She will end up with a White Book - about 8 pages long. It will contain the "original Police Certificate, a translation, a certification page in English, a certification page in Chinese, and depending on the document (single certificate, Notoral Birth Certificate, Police Certificate -- OR OTHER DOCUMENT) -- it might contain other pages. It has all the RED STAMPS and English Translations needed. Takes about 2 days for easy-short documents - took us a week to get a copy of her deed (mulitple pages - translated into english). NO MATTER WHAT ANYONE SAYS...she must go back to where her Family REgistration is -- Hukou (CHINA ID CARD FAMILY REGISTRATION). Doesn't matter where she lives now...or has lived!!! It took me a long to time to get this concept...I just didn't want to belive it!. She ONLY NEEDS 1 for CHINA...regardless of how long she has lived in various places in China...the key is CURRENT Hokou. Hawaii Mike -- Living in Xiamen.

EMS label is not a requirement from GUZ but a recommendation from GUZ.

since there are alot of case get lost in the mail GUZ recommend us to included the EMS label with anything go to GUZ to make sure that the address name is not mistaken and get lost.

just keep the tracking number and track, if you don't include the label you will be fine too.

FYI - THe new "checklist/Checkbox" with P3 has it listed first, and is blank for a CheckMark -- like after you get it complete.....The words now say "Please get an EMS label from the China Post office and fill........"

That's good enough to make me want to fill it out...with all the things they don't tell us --- I'm happy to comply with a "Please".

FYI

Yup, just what RobertColt said. It's a new requirement from GUZ, but there are plenty of people who didn't send a lable and they still got P4 just fine. You can get the label at the same time as you mail P3. If you get the tracking number for that label, you can track your P4 as it is coming to you.

So you go to the post office to mail your P3 back and you ask for what exactly? I take it what to ask for is in the instructions but there seems to be quite a bit of confusion about it, so some details would be helpful.

NOT EMC but EMS. EMS is similar to USPS in the US, but it's worldwide -- or at least is active in China - US. I send EMS packets - tatamount to Fedex Packages to my relatives, work place etc...all the time. Current Price to the US about 180 RMB if under "letter weight". Package is very similar to DHL, Fedex, USPS letter pouch. OK...HEADS UP, Overseas Labels are different from INSIDE CHINA LABELS. Ensure that you get the correct ones. Both have Info Blocks written in English/Hanzi (Chinese Characters).

There are two places on the forms that show the Tracking Number. For the P3 and P4 you need 2 of these forms. One to send your P3 Packet to Guangzhou and the Second - per the new P3 Instructions "Completely filled OUT" put in with the checklist and DS230. The sender on the second form being Guangzhou Consulate, and your beneficiary as the recipient. This enables them save to (I can almost not say this) valuable time when sending your P4 package to you. Noone has any idea when they "might" stop returning the P4's if you don't provide a "pre-addressed label". We were happy to help them --- and it is of no real consequence.

THE REAL NEAT THING, is that now WE ALL HAVE THE P4 return tracking numers to check and see when the package is on the way. By the way it is a 2-day service -- and can be expedited for overnight...but since Guangzhou is paying the return freight I don't think that's going to happen. BTW -- I find this service easy to track (http://www.ems.com.cn/english-main.jsp) and it's usually very timely. I've only had one package in 18 months...not show at least a new status every half day... even to the US.

Hawaii Mike -- located in Xiamen China (K1)

Yup, just what RobertColt said. It's a new requirement from GUZ, but there are plenty of people who didn't send a lable and they still got P4 just fine. You can get the label at the same time as you mail P3. If you get the tracking number for that label, you can track your P4 as it is coming to you.

So you go to the post office to mail your P3 back and you ask for what exactly? I take it what to ask for is in the instructions but there seems to be quite a bit of confusion about it, so some details would be helpful.

OK, EMS is similar to USPS in the US, but it's worldwide -- or at least in active in China - US. I send EMS packets - tatamount to Fedex Packages to my relatives, work place etc...all the time. Current Price to the US about 180 RMB if under "letter weight". Package is very similar to DHL, Fedex, USPS letter pouch. OK...HEADS UP, Overseas Labels are different from INSIDE CHINA LABELS. Ensure that you get the correct ones. Both have Info Bloks written in English/Hanzi (Chinese Characters).

There are two places on the forms that show the Tracking Number. For the P3 and P4 you need 2 of these forms. One to send your P3 Packet to Guangzhou and the Second - per the new P3 Instructions "Completely filled OUT" with the sender being Guangzhou Consulate, and you --- beneficiary as the recipient. This enables them save (I can almost not say this) valuable time when sending your P4 package to you. Noone has any idea when they "might" stop returning the P4's if you don't provide a "pre-addressed label". We were happy to help --- and it is of no real consequence. If I didn't live in China --- it would've been one more thing for the little woman to take care of, but she would've had to go to China Post to send it anyway...so no big deal.

THE REAL NEAT THING, is that WE ALL HAVE THE P4 return tracking numers to check when it is on the way. By the way it is really a 2-day service -- and can be expedited for overnight...but since Guangzhou is paying the return freight I don't think tha's going to happen. BTW -- I find this service easy to track (http://www.ems.com.cn/english-main.jsp) and it's usually very timely. I've only had one package in 18 months...not show at least a new status every half day...even to the US.

Hawaii Mike -- located in Xiamen China (K1)