WorriedPinay2

Just out of curiousity where are you at in this point of time in your journey ?

Back in the States, married and AOS finished.

well that may be your view of it being a waste of time....but for the $25.00 it cost It is well worth it just for the somple fact that u will have one less thing to stress about ...of coarse they (st lukes) has the final say but if your fiancee is not stressed and worried when she gets there is is well worth it !!!!!

and of coarse that is only my opinion !!!!

I disagree, perhaps to you its a waste of time and money but on my end it a relief, it gives the both of us peace of mind. I'll tell you what is a waste of money, the CFO seminar ! now that is a total waste of ones time and money.

Of course the money means nothing to most of us going through this process and as for the time, when your wating for USCIS also seems to go slowly giving everyone lots of time to spend doing whatever makes them happy. But where I disagree is what it accomplishes. You and I both know that you will be stressed about the medical until the second day at St Lukes when they are sent upstairs for their immunizations. There are a myriad of reasons St lukes finds to put people thru additional processing. From xray, to tattoos, scars, even annulments. But if it made you happy for now, more power to you. I hope everyone passes and St Lukes stops the nonsense.

Pre-exams are a complete waste of time and money. It does not matter what other Dr's say. The only thing that will matter is what St Lukes says. There is no arguing with them, and no appeal to their findings. As others have said, the best advice is to just get the physical at St Lukes as soon as you can upon getting your MNL case number.

My friend used that exact reason at the PI Embassy and his request to pick up the Visa was denied. The CO said that is not an emergency. It arrived 4 days later so he was still able to bring his fiance back. But if you make definite plans, just be aware it may backfire.

You can go to any Bureau of Immigration branch office throughout the PI. Just check their website to see if there is one close to where you will be staying. The last extension I got was done in 1 hour while I waited. If not it will be ready the following day. I am not sure how long it takes for the ACR-1 to be processed, but it is done in the same office.

Oh, and wear a shirt with sleeves, long pants and closed shoes or they will not let you in the office.

For us (Florida), we went to apply for the license on a Monday. There was a 3 day waiting period for the license to be valid, and then we had to get married within 60 days of it being issued (so a 57 day window). It only took 15 mins or so for them to issue the license to us, just be sure that you both have ID (I had state ID, he had foreign passport). Also, we paid a fee for the license at that time (about $90). We got married at the courthouse on the Friday of that week, and were able to get our certified marriage certificate (which, in FL at least, is the same piece of paper as the license, but with some extra seals, signatures and another section filled out) right away, as well as a few certified copies to send in with AOS, etc.

Good luck!

One small correction about Florida. The marriage license you get back with extra seals on it just shows that it was actually recorded with the State. The marriage certificate is different and can only be obtained by mail from the Buraeu of Vital Statistics in Jacksonville, Fl.

Here is the link...http://www.doh.state.fl.us/Planning_eval/Vital_Statistics/marriage.htm

For your initial filing the certified copy of the license is sufficient. If you have an interview, some of the consulates want the certificate.

I hope you have photos of you and your fiance together. If not, you will be in an uphill battle. If so, that solves all of the other problems.

As soon as the baby is well enough, go to St Lukes and let them do their medical. They are not going to care about what other Drs have done. They are still going to make you do their sputum test and treatment. Might as well start it as soon as possible and get it behind you. They will also take care of resheduling your Embassy appointment.

well i have an uncle who got married to my aunt in PI but later on got divorced in the US. my uncle had a girlfriend again in PI that he wants to eventually marry but got denied for K1 visa because the CO stated his US divorce decree was not enough since divorce is not recognized in PI that he would have to get his marriage annuled in PI also since that's where the wedding took place...when he wanted to try and get married in PI when he went to get his legal capacity consent from USEM manila they also looked for his US divorce papers & PI annulment of the marriage so until now he is still in the process of getting the resolution for their annulment.

The CO was wrong. Here is the Philippine law. "As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law."

The basic rule is that she will need to prove sufficient ties to the Philippines that will make the CO believe she will return after her visit. Ties can include property, employment, other children and anything else which will prove her case. Without this, getting a tourist visa will be very difficult.

Check out this link. A lot of usefull info and details on Whale watching. The day we were going to go it was pouring rain. But it sounds interesting.

http://www.bohol-philippines.com/bohol-whale-watching.html

Just not sure how you managed to only pay 775 for a years worth of electric service, we have one aircon unit in our bedroom and only run it at night and our electric bill is 75.00 a month ? we have no major appliances except a ref and a tv

I agree with most of expats figures. Of course everyones is different depending on your lifestyle. I do agree with you that the electric seems very low. Like you, I only ran one aircon mostly at night and my electric bill was much higher. And even though I had a nice house my rent was much lower. The only other figure that I was much much higher on was recreation and travel. How can someone only spend 10 dollars a year on recreation? And living in that part of the world, I travelled as much as possible. Overall, it is a helpfull guideline that you can adjust based on your personal lifestyle.

I think maybe people are not understanding what you are saying. It might be they are saying you have 90 days to respond to the RFE. Why don't you post an actual copy of the letter and possibly someone can give you the correct answer.

I completely understand the desire to retire in the Philippines and a lot of good advice has been given on this topic. There is one point that has been touched on but i don't think has been made clear. Foreigners can not own property in the Philippines. Why are so many in a rush to buy property when you can rent so cheaply and not have to worry about losing your investment. If you buy the property will have to be solely in your Philippine spouses name. In the unlikely event you divorce or god forbid they die, you lose everything. Also, why put up all of that cash upfront (PI financing is almost always very short term) when you can rent beautiful houses for very cheap. I was renting a 4 bedroom, 3 bath with a seperate maids room for only $300.00 a month. Before that it was a slightly smaller place for 250.00 a month. Thankfully I didnt buy the first one because it turned out I didnt like the area and all I had to do was pack and leave. No worries about trying to sell.

I know we are all supposed to be so postive on VJ, but I would be very cautious if my new spouse was already trying to get me to buy property in the PI. There are many cases of foreigners buying homes and then losing evrything in the divorce. All the PI spouse has to do is say get out of MY house and you have nothing.

Oh yea, you can form a corporation with your spouse and buy in a corportae name. The corporation will still be 60/40 and as the spouse has the higher share who do you think will come out on top in the PI courts. Plus there are additonal costs inn forming that corporation.

Yep. They have a right to go get a search warrant if they have probable cause, and you have a right to tell them that they're not allowed in your house if they are unable to do that. I'm no lawyer, but are you arguing that the Fourth Amendment doesn't apply if the police in question aren't investigating a crime? Wouldn't that lead to a counter-intuitive regime in which cops needed to give criminals more rights than people who they don't suspect of being criminals? I'm sorry, but I just don't buy it.

No where did I say that the forth amendment does not apply. I said if you want you have the absolute right to deny entry. But I also said don't be surprised if your application is denied. All of us who read these forums are well aware that applications have been denied for what we think are rediculous reasons. But the fact is, unlike criminal cases where the burden is on the goverment, in immigration the burden is on us.

Ah -- which can turn into criminal charges promptly on the basis of anything that the agents decide after they have been permitted consensual entry. As others have stated, the ICE agents are not there to help you.I believe that it has been discussed here before -- and it has certainly been the decision of many courts -- that law-enforcement agents cannot convert the claim and exercise of a Constitutional right into a crime. They showed up without a warrant, and were obviously seeking consent to enter -- heightened by the reality that the OP was "just waking up" and would be thinking fuzzily and be less likely to claim and exercise a Constitutional right. Furthermore, the very fact that they showed up without a warrant is proof positive that they had no cause to enter, and they were counting entirely on the weakness of the citizen to hang herself.

The Fourth Amendment -- as emasculated as it currently is -- was written and still exists for very good reason. Our Founding Fathers (remember them?) knew full well the excesses and abuses that an unchecked government could inflict on the people. The suggested response of above (enhanced here) ("Thank you for your interest, but you are absolutely not permitted in our home without a duly executed warrant. If you wish to speak with us, either procure a search warrant or please set an appointment, as we have been obliged to do throughout this entire process of legal immigration. Certainly you can understand that. Please leave your business card in the door. Good day, gentlemen.") is completely honest and forthright, and any law-enforcement agents who assign guilt or criminal intent to such a stance are in deep trouble, and they know it -- but do you?

And as I stated, they are not turning it into a crime, they are denying your immigration status based on your failure to prove a bonafide relationship which is well within their rights. Your whole arguement above is based on criminal law which again does not apply here no matter how much you try to justify it. Now if the petitioner had some illegal items in the house or something you needed to hide, then absolutely deny entry. But don't act surprised when your application is denied.

Poppycock, sir. The Fourth Amendment (albeit on life support) exists for very good reasons. The appropriate response to the agents would have been (through the closed door) "Thank you for your interest, but you are absolutely not permitted in our home without a duly executed warrant. If you wish to speak with us, then please set an appointment, as we have been obliged to do throughout this entire process of legal immigration. Certainly you can understand that. Good day, gentlemen."

JustBob's reply above is 100% spot-on. The day is coming very soon when our Constitution will not protect us against the Knock on the Door -- but until then, the law is on our side and surrendering it is foolhardy. In fact, two different attorneys have volunteered to me that the best advice for living life today is to avoid ALL Federal agents.

You absolutely right, you have to right to not let them in without a warrant.

They also (the feds) have the right to deny your case because you did not prove the marriage/immigration was valid - they could use the refusal of the visit as grounds to deny. (worst case scenario)

So you can be in a catch-22 situation.

BTW - I have friends that are Federal agents, they are not "evil" and "out to get you", they are just doing their job - play by the rules and you will have no issues - your mileage may vary.

I completely agree with Bobby+Umit. You can exercise all of your rights in this country. But this isn't criminal law we are dealing with, it is immigration law. The burden of proof is not with the Government to prove a bonafide relationship, it is the petitioners burden. So you can tell the agents to get lost all you want, but be prepared to deal with the consequences {denial). And I don't think that is the worst case scenerio for refusal to let them do their job, it will be the absolute consequence.

I had no problem buying a one way ticket online from Delta. I emailed a copy of my credit card and DL to my fiance in case she was asked for it at the ticket counter.

From the Dept of State Website:

Marriage in the Philippines

DISLAIMER: THE INFORMATION IN THIS CIRCULAR RELATING TO THE LEGAL REQUIREMENTS OF SPECIFIC FOREIGN COUNTRIES IS PROVIDED FOR GENERAL INFORMATION ONLY AND MAY NOT BE TOTALLY ACCURATE IN A PARTICULAR CASE. QUESTIONS INVOLVING INTERPRETATIONS OF SPECIFIC FOREIGN LAWS SHOULD BE ADDRESSED TO FOREIGN ATTORNEYS OR FOREIGN GOVERNMENT OFFICIALS.

NOTE: SPECIAL REQUIREMENT FOR MILITARY PERSONNEL AND INFORMATION REGARDING VISAS ON PAGES TWO AND THREE.

Any foreigner who wishes to marry in the Philippines is required by the Philippine Government to obtain from his/her Embassy an "Affidavit in Lieu of a Certificate of Legal Capacity to Marry" before filing an application for a marriage license. A citizen of the United States may execute the affidavit at the American Embassy in Manila. The American Embassy in Manila is located at 1201 Roxas Boulevard, Manila, the telephone number is (63) (2) 521-7116, and the fax number is (63) (2) 522-4361. The American needs to present his/her U.S. passport and proof of the termination of any prior marriage(s) (court certified copies of divorce degrees or registrar certified copies of death certificates), if applicable. There is a service fee of $30.00 for the affidavit.

The affidavit must be obtained from the U.S. Embassy in Manila. Philippine authorities will not accept any substitute document initiated in the United States.

RIGHT OF CONSULAR OFFICER TO REFUSE TO PERFORM SERVICE:

This affidavit is issued as a notarial act by the U.S. Consular Officer and as such the consular officer is authorized by Title 22 Code of Federal Regulations, Section 92.9b, to refuse to perform the service if the document in connection with which the notarial act is requested will be used for a purpose patently unlawful, improper, or inimical to the best interests of the United States. Entering into a marriage with an alien strictly for the purpose of gaining entry to the United States for that individual is considered as an unlawful act.

POSSIBLE PENALITIES IN CONJUNCTION WITH THIS SERVICE:

Section 4221 of Title 22 United States Code provides for punishment of individuals who commit perjury in an affidavit taken by a consular officer.

SPECIAL PROCEDURES FOR THOSE WHO HAVE NEVER MET THE FIANCE/FIANCEE:

If you have never previously met your fiancé/fiancée, it may be advisable to take copies of your written correspondence and telephone bills to document the validity of your relationship to the consular officer at the U.S. Embassy in Manila. This may prevent refusal of the notarial service in connection with the issuance of your Affidavit in Lieu of a Certificate of Legal Capacity to Marry.

ADDITIONAL REQUIREMENT FOR U.S. MILITARY PERSONNEL:

U.S. military personnel stationed or visiting in the Philippines should see their servicing military personnel office regarding DOD joint service regulation - Marriage in Oversea Command (Army Regulation 600-240, BUPERUSCIST 1752.1, Air Force Regulation 211-18, and MCO 1752.1 for U.S. Marine Corps personnel). The affidavit will be refused if proper military authorization is not presented by U.S. military personnel.

THE MARRIAGE APPLICATION PROCESS:

Once the person has the affidavit, he/she can file the application for a marriage license at the office of the local Philippine Civil Registrar of the town or city where one of the parties is a resident. The U.S. citizen applicant will need to present the affidavit, death certificate or divorce decree as mentioned above, U.S. passport, and documentation regarding parental consent or advice if applicable. Marriage applicants who are age 18 to 21 must have parental consent in writing, those age 21 to 25 must have written parental advice (a written indication that the parents are aware of the couple's intent to marry). The revised Family Code of the Philippines, which took effect on August 4, 1988, prohibits marriage for individuals below the age of 18.

Normally there is a ten-day waiting period before the marriage license is issued by the registrar's office. In some instances the fiancée may apply in advance for the marriage license with the local civil registrar. The American citizen must then obtain the affidavit of legal capacity upon arrival in the Philippines and file it immediately with the civil registrar where the fiancée applied for the marriage license. A marriage license cannot be obtained by a fiancée without presence of the prospective spouse.

The marriage can be performed by a judge, justice of the peace, priest, or minister of religion.

Marriage to a U.S. citizen confers neither citizenship nor an automatic eligibility for entry to the United States.

REQUIREMENTS TO REPORT MARRIAGE

a) Accomplish Report of Marriage form.

- two (2) originals and three (3) photocopies

b) Original/certified true copy and four (4) photocopies of registered marriage

certificate.

c) Four (4) photocopies of Birth Certificate.

d) Two (2) photos each of applicant and her spouse (attach the photos to the original

Report of Marriage form before making photocopies).

e) For widowed applicant or spouse – four (4) photocopies of the deceased spouse's

Death Certificate

f) For annulled marriages - four (4) photocopies of annotated Marriage Contract or

Certificate of Registration and certified true copy of Court Order

g) For applicants with divorced spouse - four (4) photocopies of divorce decree

(If the spouse is former Filipino citizen, please submit four photocopies of

naturalization paper as proof that the spouse is a US citizen at the time of divorce)

h) Notarized Affidavit of Delayed Registration (marriage must be reported to the

Consulate within 12 months after the solemnization of marriage) – two (2) originals

and two (2) photocopies

i) Fee : $25.00 in money order or cashier’s check payable to the Philippine Consulate

General

j) Pre-paid return envelope

This is not from the Los Angeles Embassy and is lacking some of the documents they require. Each Embassy has different requirements. I know, you would .think they would all be the same....but they are not

It appears you are in Las Vegas which is in the jurisdiction of the Los Angeles Embassy. Here is the link for the checklist on the website. You also need to download and fill out the form from the website.

http://www.philippineconsulatela.org/WEB%20MATERIALS/rom%20checklist.pdf

For over 3 years I had a house in the Philippines and a house in America. I was spending about 8 months in the Pi and 4 months here. If you are a type A personality, you probably will not be able to survive living in the Philippines. A lot will depend on the area you choose. Some areas there is a great support system for expats, others none at all. But if you are used to having it your way, it will not happen. If you are a laid back, easy going personality, and can adapt it can be a great place to live. But dont be a sucker, as a foreigner many will think you are rich. The requests for money will happen on almost a daily basis from 50 pesos, to thousands. Learn to say no.

GOOD LUCK WITH THIS PROCESS.

FOREIGN SERVICE OF THE PHILIPPINES

EMBASSY OF THE REPUBLIC OF THE PHILIPPINES

WASHINGTON, D.C.

1600 Massachusetts Ave. NW, Washington, D.C. 20036

Tel. No.: 202.467.9300 Fax: 202.467.9417

Email: consular@philippineembassy-usa.org

OVERSEAS ABSENTEE VOTING

All Filipino citizens abroad, not otherwise disqualified by law, at least eighteen (18) years

of age on the day of elections, may now participate in Philippine national elections under

the Overseas Absentee Voting Act of 2003 (Republic Act 9189).

• For purposes of the 2010 national elections, qualified Filipinos abroad may vote for the

President, Vice President, 12 Senators and one (1) Party-List representative. The voting

period is from April 10, 2010 until 3:00 p.m., Philippine time of May 10, 2010.

• Registration: Period for filing of applications for Registration/Certification as

overseas absentee voters is from February 1, 2009 until August 31, 2009.

(For those who have previously registered, you may file/request for: Transfer of registration

records; Reinstatement in the National registry of OAV; Correction of wrong entries/misspelled

names; Withdrawal of application for registration/certification pending approval; Reactivation of

registration record.)

Where:

• If you are abroad, you may file your applications, in person, at the nearest

Philippine Embassy or Consulate.

• If you are in the Philippines, you may file your applications at the Registration

Centers at the OFW Pre-Departure Lounge at NAIA Terminal 1 or at the POEA

Ground Floor.

Note: Seafarers may file their applications at any post abroad or at any specifically

designated areas in Manila.

REQUIREMENTS

1. Personal Appearance; Submit self to biometrics capture for photo, thumb print and

signature

2. Valid Philippine Passport or DFA certification in the absence of such

3. Accomplished OAV Registration/Certification Form (Appropriate OAV application forms

may also be downloaded at

http://www.comelec.gov.ph/oav/downloadable...istration.html)

4. For Seafarers, a photocopy of Seaman’s Book or proof of being a seafarer

5. For Filipinos who availed of RA 9225 (Citizenship Retention and Reacquisition Act), the

original or certified true copy of the Order of Approval of application under RA 9225

For more information, please contact:

• COMELEC Committee on Overseas Absentee Voting

Telephones: +632 527 9766; 522 2251

Fax: +632 527 0836

Email: coav@comelec.gov.ph

Website: http://www.comelec.gov.ph

• DFA Overseas Absentee Voting Secretariat

Telephones: +632 834 4361; 834 3275; 832 8363

Fax: +632 833 0914; 833 0915

Email: dfaoavs@yahoo.com.ph

Website: http://www.dfa.gov.ph

• Center for Migrant Advocacy Philippines

Telephones: +632 433 0684; 920 5003

Email: cma@tri-isys.com

Website: http://www.pinoy-abroad.net

• The Philippine Embassy or Consulate nearest you

That is like saying, "You are required to have a drivers license by law, before you drive. So, I strongly recommend you get one before you drive." It is a law, you either comply or take the chance of suffering possible future consequences if you dont. Admittedly, in this case the chance of consequences is small. But still not worth taking the chance in my opinion.

"Records of marriages x x x shall be be kept and transmitted" is entirely different from "citizens are required to report their marriage abroad".

Not to belabor the fact and the above notwithstanding, I am not advocating for Filipino citizens not to report their marriage. Again, I strong recommend reporting our US marriages for the said marriage to be properly registered and recorded with the Office of the Civil Registrar General in Manila.

No offense, but I think I will follow what the Philippine Government says and not the advice of a lay person that certainly won't represent me when not complying causes me some unexpected problem down the road.