sjr09 got a reaction from The Nature Boy in Super typhoon Haiyan-our payers are with you all
Good news one of the wife’s cousins traveled back to Biliran, family and extended family are ok. Some of the homes lost roofs and sustained other damage, no power or cell communications, the hospital lost 50% of it's roof and needs fuel for the back up generators. They are desperately asking for help, food and water is needed as well. One of the sad parts of this out come, what shops that survived are now gouging people.
sjr09 got a reaction from Marta Claudino in CRBA
I was seeing your post as a stand-alone comment, “Just try to apply for a U.S. Passport?” Absolutely can file for the CRBA and US passport at the same time, if this is what you meant.
If the CRBA is denied the passport fee will be returned and passport application denied at that time.
sjr09 got a reaction from Marta Claudino in CRBA
Although the application forms and final documents are the same everywhere, our embassies and consulates have different procedures to get them.Typically the US citizen parent does not need to appear in person to file the application or the interview. Other parent(s) or legal guardians have successfully acquired the certificate in this manner world wide.
“Only the parent(s), legal guardian, person acting in loco parentis or the child may apply on the child’s behalf.”
Source for the above in bold quote is from the Brazil U.S. Embassy website
http://www.state.gov/documents/organization/156216.pdf CRBA DS- 2029
However on the http://brazil.usembassy.gov/report-birth-abroad.html page right above Required Documents: Both parents must come in person with the child and should bring:
I would call and explain your situation to the Brazil US Consulate and see what can be done.
Your not helping the OP. How can a foreign born child apply for a US passport successfully with out proof of US citizenship.
You'll not be successful.
sjr09 reacted to NikLR in RFE to established claimed relationship with deceased mother?
She should acquire her long form birth certificate from the province she was born in. That will state her parents names. If needed also include her mother's birth certificate stating where her mother was born as well and if needed (name change due to marriage) the marriage certificate between her mother and father.
That's how, IMO, I'd show my parent was my parent and how I derived my legal citizenship.
sjr09 reacted to Inky in I Just Confused Myself
Sorry but there is NO NVC process at all for K-1. They assign a case number and forward it directly to the interviewing embassy/consul. NO forms NO information no nothing is sent to the NVC.
The information for Philippines specific forms and paperwork is found in the Philippines forums of this website.
sjr09 got a reaction from Darnell in 2 differnent countries and filing 8 years after birth
First and foremost you need to read this link from USEM since the child resides in the PI and this is where the child/applicant will be interviewed. http://manila.usembassy.gov/service/citizenship/first-time-report-of-birth-abroad7.html you will need to have or request a BC from Japan and not the PI NSO BC
The link will cover the entire process and needed forms to complete the CRBA, and US passport if you wish the child to have at such time of the interview or can be done at a latter date and time, once the child has the CRBA.
One question I do need to ask is do you have the cooperation of the biological mother in this process? You mentioned you don’t know if your last name is on the BC or mentioned how much contact you had/have with the child over the past 8 years, (sounds like you have not acknowledged paternity of the child)
With the cooperation of the biological mother and DNA testing ( IMO with the info you have provided you will be asked by the embassy to provide DNA testing) you can be successful.
sjr09 reacted to Markieboy in 2nd Senator Contact
Seriously? You sent that?
May I remind you that a congressional inquiry is just that...an inquiry. Their liaisons can get the latest status of your case. They cannot force USCIS to make a decision.
IMHO, you should be more patient during this process. You're not the first person who has waited ~ 6 months for an approved petition.
sjr09 reacted to Sarah Elle-Même in OK It s time for action!!
Well according to your timeline, you got your NOA2 a little over a month after sending in your petition. If that's the case, you really have nothing to complain about. A better use of time is to rally in the streets against Congress to stop the sequester budget cuts. That is going to take $85 billion dollars out of federal agency budgets. You know who the federal agencies are, right? Hint: USCIS and the STATE Department (Embassies). You think processing times are slow now? It's about to get a whole lot worse.
sjr09 reacted to Kiv in Prenup agreement discussion
I think the best is communication, don't take it so bad on her if she flipped; there may be stereotypes in her culture in regards to pre-nups.
Maybe when she understands that a lawyer has to review it with her ammend it if necessary to be fair for both of you, she will not feel so scared and offended by it.
sjr09 reacted to aaron2020 in Prenup agreement discussion
Why question his devotion to the relationship when he brought up the subject?
If they never divorce then it's just a piece of paper.
Why can't she say I don't care or want yor money. I will sign whatever prenup because I only want you?
Maybe she is after a green card and some money.
sjr09 got a reaction from ~happyndinlove~ in Prenup agreement discussion
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.