sjr09

hi! how about my husband didn't get to school when he arrived in US? he went to US after his high school graduation. and he studied there but he didnt continue it, he just worked and worked for about 10 years...... what else proof do we get? aside from W2s and itr? thank u!

The in bold below can also be used, don't forget you need to include his original Certificate of Naturalization. all your question can be answered by reading the link & CRBA CHECKLIST http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

Evidence of parents’ U.S. citizenship

Regularly available documents that may establish your physical presence/residence in the U.S. include transcripts from High School and/or College, Income Tax Returns and W2s, old passports, a Military Statement of Service or DD-214 Separation Statement (military members only). You can submit other documents as evidence. Please bring the original documents and a photocopy of each.

Evidence of parents’ U.S. citizenship

The U.S. citizen parent(s) must present his/her current and expired U.S. passports and a photocopy of each passport and each page. We will accept a notarized copy of the current U.S. passport and its pages in lieu of the original. (Note: we only accept documents notarized by a U.S. commissioned notary). If the U.S. citizen parent was naturalized, he/she must bring the original Certificate of Naturalization.

yes he was naturalized.

and i have another question. in filing DS-11, what permanent address is to be placed? the philippine address? or the US address? and is it okay to put 0000 on ss# on electronic ds-11? since it wont proceed if ill leave blank.. thank u!!

Your address in the PI, that is where the child resides right? both CRBA and US passport will be delivered to that address.

Yes 000000 are fine the embassy understands the child has no SSN. You can get that done when your in the US.

Okay, so i understand the i-864 doesn't get filed with the k1. As a norm the I-134 is used in the K-1 process but there are some cases where the petitioner has submitted both the I-134 and the I-864 for the K-1 petition, i.e. P.G. The I-134 is not legally binding as the K-1 is a nonimmigrant visa.... The K-1 Visa allows the visa holder to enter the United States for up to 90 days during which time they may get married and file for Adjustment of Status (to become a Legal Permanent Resident of the US) the I-864 is part of the AOS.

So, neither USC would have an obligation here with the government. Who's "neither USC" Only one USC can peition.

But foreign national has a problem. If they don’t get married in the 90 day timeline they can.

Correct?

Maybe I don't understand the details, but I thought the only way the USC could be relieved of the I-864 obligation was:

1) Death of affiant (USC)

2) Death of beneficiary (foreign fiance)

3) Beneficiary becoming USC

4) Beneficiary leaving the US

5) Beneficiary accumulates 40 quarterly credits within SS, essentially 10yrs of full-time work (either fiance or USC spouse)

6) Becomes subject to removal but applies for and obtains in removal proceedings a new grant of adjustment of status based on a new AOS if one is required.

As far as I understand it, divorce does not discharge the obligation. Correct Even if fiance receives alimony/child support, if fiance receives any federal needs-based public assistance, US Government can sue the affiant for reimbursement.

The proper term is "means-tested public benefits" and not to confused with means-tested benefits such as emergency Medicaid ext. Under federal, state or local programs. Each state will determine which if any of it's public benefits are means-tested.

I always thought the I-864 was iron clad.

Am I missing anything?

Sorry I figured the topic would be enough for most people to figure out what I was talking about even though I shortened it.

I know this form is totally separate from the CR-1. My husband and I have just had a baby and we have to file for a CRBA. I've already been told that I need to fill this form out, that is why I'm asking questions about that particular form.

So where it says "That I've been physically present in the US as follows" I want to know if I took a trip do I need to separate it out. ie I live in a place for 20 years and take a trip abroad do I separate it showing a break or is it covered in the section where I list my time abroad and can I leave it as one block of time. See examples.

Yes the CR-1 is separate. I figured the comment and question would be enough for you figure out. "I see your filing for CR-1" meaning your married. "Do you need to fill-out this form?" meaning this DS-5507 is an additional form, typically only required for a U.S. citizen father who is not married to the mother of the child who's birth is being reported. Although the forms i.e. CRBA are the same for every county the procedures do vary so this was the reason for my comment/question.

Sorry for the delay I was waiting for the response from the U.S. Consulate General, Sydney for clarification on your question and my comment about the DS-5507 As you can see below list each and every time you have entered and exited the U.S., to the best of your knowledge. If you need further help I would email the American Citizens Services U.S. Consulate General, Sydney

Good Luck.

Dear Mr. xxxxxxxx,

Thank you for your email.

Yes we will require you to complete the DS-5507 Affidavit of Parentage, Physical Presence and Support. We understand that you might not be able to remember each and every time you have entered and exited the U.S., we ask that you complete the form to the best of your knowledge.

For additional assistance, please email SydneyACS@state.govor call the American Citizens Services (ACS) unit on 02 9373 9200 between 1:30pm and 3:30pm, weekdays.

Sincerely,

American Citizens Services

U.S. Consulate General, Sydney

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so in my opinion, he should not be able to sue me for support as the I-864 allows, but it is what it is.

Your understanding of the I-864 is a bit off kilter.

Hmmmm...thats a little naive...you ever been married?...There is no certainties in life...and i would be more afraid of her leaving me than me leaving her....it aint about that...

Wow!...you think thats they only time I have spent with her?....Known her alot longer then that...

Bingo!

Well do tell us how many 'years' you’ve spent living together?

I just spent twenty wonderful days with her in her hometown and in Manila so she can find work now....I love her alot...Im understanding more its a cultural thing maybe more than anything else...except the refusing to discuss it..thats not cultural.Haha,thats personality!

How one can fully understand anyone in such a short amount of time is beyond me. Not discussing important things is not-a good personality trait to have, IMO.

NO OFFENSE! What I meant was we don't do a PRENUPTIAL MARRIAGE..

I DO NOT MEAN TO OFFENSE AMERICAN WOMEN, WHAT I WAS SAYING IS WE DONT DO PRENUPTIAL MARRIAGE, I AM VERY VERY SORRY IF I OFFENSE SOMEBODY

It appears they do

Philippine Prenuptial Agreement 101

Preparing a prenuptial agreement in the Philippines is relatively easy since Philippine laws do not require the agreement between the future spouses to be registered in a government office to be binding between the parties.

However, in order to be assured of the authenticity of the agreement, it is a good idea to execute the prenuptial agreement in a public document. Also, as security for the properties which may be affected by the agreement, and in order to bind third parties, Philippine law requires the recording of the prenuptial agreement in the Local Civil Registry where the marriage is celebrated, and at the Register of Deeds of the province where the affected property is located.

In the Philippines, the term prenuptial agreement is used interchangeably with premarital agreement or ante-nuptial agreement.

Under the Family Code of Philippines, the prenuptial agreement, which must be in writing, should be executed prior to the celebration of the marriage, and signed by the future spouses. Any modification or amendment thereto may only be allowed before the celebration of the marriage.

Manila Visa, however, stresses that both the Local Civil Registry and the Register of Deeds will not allow the registration of the prenuptial agreement unless the marriage has been celebrated for the logical reason that the said agreement shall take effect only after the celebration of the marriage.

Manila Visa further explains that if the marriage settlement does not specifically provide which law shall govern the property relations of the future spouses, the general rule is that Philippine laws pertaining to the law on property shall govern all the properties involved.

This rule, however, does not apply in any of the following instances:

a) Where both spouses are aliens;

b) With respect to the extrinsic or formal validity of contracts executed outside the Philippines pertaining to properties situated outside the Philippines;

c) With respect to the extrinsic validity of contracts, which, although executed in the Philippines, pertains to properties situated outside the Philippines.

Under Philippine laws, all provisions stipulated in the prenuptial agreement in consideration of the future marriage shall be rendered void if the marriage does not take place. However, all the other stipulations which do not depend on the celebration of the marriage shall be considered valid and binding.

In the actual drafting of the prenuptial agreement, Manila Visa advises clients to attach in the agreement a list of all the assets, liabilities, approximate current income, expected gifts and inheritances, and all the other separate properties of both parties prior to the celebration of marriage in order to avoid confusion later in the marriage.

“Separate Properties” of the spouses may be defined as all their separate real or personal properties, whether consisting of rights, titles, or interests to said properties, wherever they may be located, prior to the celebration of the marriage.

In the same manner that all the separate properties of each spouse brought into the marriage shall remain in their full ownership during the marriage, all the debts and obligations incurred by a spouse prior to the celebration of the marriage shall accordingly remain to be the responsibility and obligation of said lender/borrower spouse.

Other collateral provisions, such as support for the children or the daily expenses of the family, and other related matters agreed upon by the parties may likewise be stipulated in the prenuptial agreement provided it is not contrary to law or public morals.

If one of the parties has children from a previous marriage, the future spouses may also provide a stipulation in the prenuptial agreement so that certain assets shall be reserved for the welfare of the children.

Manila Visa, however explains that under Philippine laws, the welfare of the children from a previous marriage is already protected by reserving the assets of the previous marriage for the benefit of said children. Thus, such a stipulation in the prenuptial agreement becomes necessary only if the future spouses decide to grant upon the said children additional properties other than what is provided for by the law.

Any form of agreement or contract is allowed and there is no prohibition or requirement as to the external or formal validity of the contract, as long as there was no duress, undue influence, or vitiated consent upon any of the parties, in the execution of the agreement.

http://www.youtube.com/watch?v=Pu8KFlfzk3Y&feature=player_detailpage

:thumbs:

hi! how about my husband didn't get to school when he arrived in US? he went to US after his high school graduation. and he studied there but he didnt continue it, he just worked and worked for about 10 years...... what else proof do we get? aside from W2s and itr? thank u!

He was naturalized right?

Does it mean that even if I had my cxray already I still have to have cxray in St. Lukes? I have annual c-x ray and sputum test because it is a requirement in my work.

Yes that's what it means.....However you can bring your old chest x-rays films not less then 3 months prior to the medical exam, they will only be used for 'comparison purpose'. St. Luke's chest x-ray will be the deciding factor.

http://www.slec.ph/u...#required-exams

Or more broadly - how long does it take on average? its hard to predict?

It depends when the visa is issued your location in the PI and 2go. Time varies for each individual. I would plan on 7-10 day minimum.

So my wife has her appointment for the visa in Manila on March 5th. I think this is the process - tell me if I'm wrong:

1) Stop at St. Lukes, it takes 1 or 2 days for her to complete this (hopefully...) (related note, the clinic she was born in has lost her immunization records in floods, is that a big deal? NO Does she need any records to show the physicians?) No. All vaccines are age appropriate she will receive what she needs) see link http://www.slec.ph/us-visa-applicants.shtml#required-exams

Interview takes place, she answers the questions, she is approved,

3) Some time later (is it about 2 days?) No set time it will very 2go people deliver the passport to our hotel/pension and we are staying at. yes they can deliver to the hotel but the visa can take much, much longer then 2 days.

4) I can't remember what its called, It's called CFO http://www.cfo.gov.ph/emig_manila.htm but once we have the visa we need to head over to the Philippine agency and get their stamp after watching some Powerpoint presentation. Then its time to buy a plane ticket! Yes

Here is what I think for the schedule - with luck my wife will have the visa on March 7th and March 8th she can take care of the Powerpoint presentation. That is a first come first serve deal right? Right Then we can be fly to the USA! Right

Ok, thanks anyone for help at this point, please clear up this time issue.

This form on page 2. http://www.state.gov...tion/126018.pdf

Form DS-5507 is what your talking about. DS-5507 (Affidavit of Parentage, Physical Presence and Support)

Both.... The DS-5507 and DS-2029 have 'Physical Presence' sections, so it helps if you can be specific in what form your inquiring about when posting, OP..

I see your filing for CR-1 Do you need to fill-out this form? This is an additional form, typically only required for a U.S. citizen father who is not married to the mother of the child who's birth is being reported, hence (Affidavit of Parentage, Physical Presence and Support) However I did check the US Embassy Canberra AU and it's on the list of docs. Anyways I would list your info as requested on the form. If you don't have dates do the best you can.You can allways email the embassy and ask if you need the DS-5507

Then, your question on post #3 was answered on #4 for the DS-2029

OP. FYI, it's not advisable to use out dated links or links from other country's. The forms are quite easily filled-in if you need help just ask, link below has all the info you need on the CRBA process and forms.

http://manila.usemba...itizenship.html

I see your married and filing for CR-1

FYI.

Persons born in wedlock to a U.S. citizen father and non-U.S. citizen mother are legitimated by virtue of the marriage of the parents. Evidence of the marriage should be submitted.

Persons born out of wedlock to a U.S. citizen father and non-U.S. citizen mother and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of two methods indicated below.

Method 1: The person can be legitimated if:

While the person is under the age of 18 years old, the father acknowledged paternity of the person in writing under oath or the paternity of the person was established by adjudication of a competent court, and

Before the applicant reached the age of 18, the father (unless deceased before the applicant’s 18th birthday) agreed in writing and under oath to provide financial support for the applicant until the applicant reaches the age of 18 years old. (NOTE: The father should complete the form “Affidavit of Parentage, Physical Presence and Support” (DS-5507) ,in conjunction with a CRBA application, to satisfy the requirements for Method 1.

Clarification on what form your filling out

The DS-5507 Affidavit of Parentage, Physical Presence and Support has no question 12.

http://www.state.gov/documents/organization/126018.PDF

However the DS-2029 has question 12. Physical Presence in the US

DS-2029 - Application for Consular Report of Birth Abroad

http://manila.usemba...th-abroad7.html

Your saying the above in bold is on Form DS-5507

EDIT bad link http://www.state.gov...tion/126018.pdf

in question no.12 precise period of physical presence in united states.

should i write down when he first came to the united states? went to US from august 1991 until now

Clarification on what form your filling out

The DS-5507 Affidavit of Parentage, Physical Presence and Support has no question 12.

http://www.state.gov/documents/organization/126018.PDF

However the DS-2029 has question 12. Physical Presence in the US

DS-2029 - Application for Consular Report of Birth Abroad

http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html

It says to list period of physical presence in the US prior to child's birth in exact detail.

Your saying the above in bold is on Form DS-5507

in question no.12 precise period of physical presence in united states.

should i write down when he first came to the united states? went to US from august 1991 until now

Yes.That would be the precise period of physical presence in united states. Right.

I'm filling out the forms needed for the CRBA and had a couple questions with the affidavit of physical presence.

1. I know for the section that lists the times I was present in the US, i need to list every state I lived in. But do I also need to separate out those vacations abroad when they're listed in the next section of when I've been present abroad? There's about 7-8 week long trips that I'll list in the next section but seems silly to separate out in the first section.

2. Also if on a trip abroad i visited more than one country do i need to do a separate listing for each country, even if I was in one of those countries less than 24 hours?

3. I've been to Canada a few times, a couple of those overnight, but could not even begin to remember when those trips were. Do I just forget about them, my passport was never stamped?

I have no problems meeting the residency requirements since I lived there until I was 25.

Is this what your talking about?

did you bring the "Affidavit of Paternity and Support" (DS-5507) with you to your interview?

Persons born in wedlock to a U.S. citizen father and non-U.S. citizen mother are legitimated by virtue of the marriage of the parents. Evidence of the marriage should be submitted.

Persons born out of wedlock to a U.S. citizen father and non-U.S. citizen mother and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of two methods indicated below.

Method 1: The person can be legitimated if:

• While the person is under the age of 18 years old, the father acknowledged paternity of the person in writing under oath or the paternity of the person was established by adjudication of a competent court, and
• Before the applicant reached the age of 18, the father (unless deceased before the applicant’s 18th birthday) agreed in writing and under oath to provide financial support for the applicant until the applicant reaches the age of 18 years old. (NOTE: The father should complete the form “Affidavit of Parentage, Physical Presence and Support” (DS-5507) ,in conjunction with a CRBA application, to satisfy the requirements for Method 1.

YES she WAS conceived IN wedlock, so do i need the "Affidavit of Paternity and Support" (DS-5507)? I wont be at the interview, only my wife. I sent my original birth certificate like you said. i also am having her bring more photos of her b4 and after pregnancy. Btw my baby is whiter than her and every filipino in any pictures i see my daughter in, we skye every day and her eyes are dramatically wider than a Filipinos eyes would be.

BTW, pretty much how it is with Caucasian/Filipino children.