ForumTitleContentMemberSexCountryDate/Time
US Embassy and Consulate Discussionk1 and Divorced in US

He is a USC, so he can file for a divorce here in the USA. One can get a divorce anywhere as long as the country where it is filed allows divorce.

Hope that helps.


The question wasn't "Can they get a divorce?" It was regarding the fact the The Philippine Government doesn't recognize divorce for a Philippine Citizen and how that would impact a Filipino who is now a USC but divorced filing a K-1 for a Filipino.

The answer is that since they have naturalized the Philippine Government will accept the now USC as single due to divorce.
Bob 4 AnnaMalePhilippines2011-03-23 08:30:00
US Embassy and Consulate Discussionk1 and Divorced in US
Since they're a US Citizen they won't have a problem.
Bob 4 AnnaMalePhilippines2011-03-22 21:49:00
US Embassy and Consulate Discussionforeclosure
Not a problem.
Bob 4 AnnaMalePhilippines2011-02-01 11:18:00
US Embassy and Consulate DiscussionStatus of my LPR

@Bob 4 Anna - I heard about SB-1 too but it cost around 800 all the fees and it takes about the same as I-130 to process so I was thinking maybe I should just go for I-130.


I'm assuming you are over 21? If you are then a Visa number isn't immediately available for you. This means that a new I-130 application would take many years depending on your Category (unmarried/married son of USC over 21 years of age).

If you're able to get a SB-1 you won't have that wait.
Bob 4 AnnaMalePhilippines2011-07-01 14:20:00
US Embassy and Consulate DiscussionStatus of my LPR
You really should go to the US Embassy in Manila. Ask them about a Returning Resident Visa (SB-1). Since you were not planning to remain out of the country for more than a year and the circumstances that caused it were beyond your control there is a change that you can get the Visa.

Otherwise your US Residency is considered to be abandoned as you have been our of the US or so long.
Bob 4 AnnaMalePhilippines2011-07-01 11:14:00
US Embassy and Consulate Discussionnew rules to us embassy manila
The Philippines is full of stories about US Immigration. I don't believe anything unless it comes from official sources, hearsay is worthless. "That's what I know."
Bob 4 AnnaMalePhilippines2011-12-03 23:20:00
US Embassy and Consulate Discussionnew rules to us embassy manila
Maybe you should pose this question in the Philippines Regional Forum, you'll get more/better responses there.
Bob 4 AnnaMalePhilippines2011-12-02 15:01:00
US Embassy and Consulate DiscussionMedical Exams - recommendation for a psychiatric clearance
Don't worry too much about the Psych Eval. Just be honest about the circumstances surrounding it and how long ago it was.

When Anna & Gabby did their medicals Gabby was referred for Psych Eval because at 2 years old he wasn't talking. They didn't even consider that might be due to him being born deaf in a country that doesn't do anything for deaf babies. A year and a half later he has Cochlear Implants and is finally starting to talk!
Bob 4 AnnaMalePhilippines2011-03-22 08:26:00
US Citizenship General DiscussionN-400: Children/Babies at Oath, Interview, and Biometrics...
As a parent (of 17 years) I'm always amazed at people who think they must bring all of the kids to everything.

This is not a family event, it is part of a legal process. Your young child will have no memories of this event.

Please be considerate of the others attending. Imagine the difference between a waiting from with 100 couples and a waiting room with 100 couple plus 75 children between the ages of 2 months and 5 years old.

Sure you child may be calm and quite in a controlled envonment but what about one where there are 25 2 years old running around like retarded monkeys on crack?

You should leave the baby with a close friend or relative so hubby can accompany you.

I've been on both sides of this issue and trust me you'll be better off with the baby there.
Bob 4 AnnaMalePhilippines2009-09-18 10:37:00
US Citizenship General DiscussionQuestion about the N-400
If the question is "Have you been subjected to disciplinary action at school" then you definitely have to answer yes.

If the question is "Have you been arrested for or convicted of any criminal charges" then the answer is no. Disciplinary actions by a school is not the same as criminal arrest or conviction.

BTW, stop kicking yourself in the balls, you might need to use them later in life.
Bob 4 AnnaMalePhilippines2009-12-24 13:49:00
US Citizenship General DiscussionN400 docs & timeline
Has your wife been a LPR (Legal Permanent Resident) for 3 years? The requirement is 3 Years as LPR and Married to USC.
Bob 4 AnnaMalePhilippines2010-01-11 15:07:00
US Citizenship General DiscussionHow to file as Stateless???

:rofl: .....Yes Illinois is a state...A state in the USA! So you're an Illionisian (or whatever they call people from Illinois).....lol.....


We are Illini!!!!
Bob 4 AnnaMalePhilippines2010-02-05 17:02:00
US Citizenship General DiscussionI need some advice

Cindaroo64-First of all, if her card says that it is valid until April 2014....Then why mess with that?.... It is still valid, right?
Frankly, I would play the "ignorance is bliss" attitude here..... :whistle:


The problem with playing ignorant is that it could get her daughter refused entry.
Thant's not a chance I would take...
Bob 4 AnnaMalePhilippines2010-04-08 14:07:00
US Citizenship General DiscussionHelp, waiting for oath letter, wife now wants to divorce
How long have you been a LPR?
Bob 4 AnnaMalePhilippines2010-04-16 19:25:00
US Citizenship General DiscussionA question for those who have already acquired the US Citizenship

in the U.S. there is no national legal requirement to carry any form of identification. Sure, if you are driving or otherwise have a need to prove you are eligible for something, you need an Driver's License or other form of ID, but in general there is no federal requirement to carry proof of citizenship or residency.


Not entirely true. One of the requirements of LPR is to carry the greencard with them at all times.
Bob 4 AnnaMalePhilippines2010-04-22 09:02:00
US Citizenship General DiscussionCan registering to vote as LPR be a problem?
What is important is what was required when you registered to vote.

As an LPR you can't vote in Federal Elections as they require you to be a US Citizen.

You may register & even vote in local and state elections unless they also require you to be a US Citizen.

There should be information on your voter's registration card, contact them and see if your registration is in violation of this.
Bob 4 AnnaMalePhilippines2010-04-13 12:59:00
US Citizenship General DiscussionQuestion
Did they get married before or after he entered Deportation Proceedings?

I've seen it mentioned many times that USCIS assumes a marriage entered into after Deportation Proceedings have been initiated then they assume it is just an attempt to avoid deportation and thus fraudulent.
Bob 4 AnnaMalePhilippines2010-05-20 19:20:00
US Citizenship General DiscussionN400, have you ever voted?
These might be of some hope for you...

==============================================================================================
212 False Claim to Citizenship

Section 212(a) of Act
Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A of the Act) or any other Federal or State law is inadmissible. Section 212(a)(6)©(ii) of the Act.

A false claim to United States citizenship that is timely retracted might not support a finding of inadmissibility under this ground. Matter of M-, 9 I&N Dec. 118 (BIA 1960) (finding timely retraction where an alien corrected false statements to an immigration officer voluntarily and prior to exposure of the misrepresentation); see also Matter of Namio, 14 I&N Dec. 412 (BIA 1973) (finding that an alien's correction of a false statement made under oath to a border patrol officer, when 1 year had passed and disclosure of the falsity was imminent, was not a timely retraction).

==============================================================================================

9TH CIRCUIT VACATES NONCITIZEN?S CRIMINAL CONVICTION FOR FALSE CLAIM TO U.S. CITIZENSHIP ON I-9 FORM

This also seems to be a common defense to False Claim to Citizenship but it's application in your case will depend on how the Voter's Registration Application is worded. I would suggest getting a copy of the form to see if there is any check box or statement anywhere that says you are attesting that you are a US Citizen.

If not then a good lawyer could probably argue that you hadn't expected your name to be listed as an eligible voter and only voted because they gave you the opportunity. Of course the USCIS lawyer should respond that i's your responsibility to know if you can vote.

Edited by Bob 4 Anna, 08 July 2010 - 12:42 PM.

Bob 4 AnnaMalePhilippines2010-07-08 12:40:00
US Citizenship General DiscussionN400, have you ever voted?
The issue is not so much that you voted but that by voting in an election that is restricted to US Citizens you represented that you are a US Citizen. False claim to US Citizenship is a crime and makes an Alien inadmissible for life.

BTW, even to remove conditions you'll have to lie: Part 3, Item 7 "Have you ever been arrested, detained, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance (excluding traffic regulations), or committed any crime which you were not arrested in the United States or abroad?"

The correct answer would be "Yes", but admitting to it makes you deport-able and bans you from the US for life.

Nice little catch-22...
Bob 4 AnnaMalePhilippines2010-07-07 14:27:00
US Citizenship General DiscussionI have a 10yr Green Card but my employer wants me to work abroad

I don't think this will apply to Ford Motor company since it is obviously not a NGO and not a Governmental organization, or is it? After all the bail outs that Amerian auto industry recieved? LOL :rofl: Just kidding!


On a serious note: While GM & Chrysler were swimming in Bail-Out money FMC was able to get through it without taking Gov't Assistance.
Bob 4 AnnaMalePhilippines2010-07-15 11:18:00
US Citizenship General DiscussionDOS Place of Birth Issue revisted.

They can't do anything about it, but for us to contact the USCIS and have them change her place of birth on her naturalization certificate, and with that new certificate, will issue her a new passport. with that new place of birth on it.

Now, how to do that, beats the heck out of me. But talk about buck passing between governmental agencies, just another example.


Umm, how about you can't because it is impossible to change where she was actually born.

My passport reflects that I was born in "ILLINOIS, USA". One of my younger brothers' passports reflects that he was born in South Korea. Can you guess if he is a "Born US Citizen" or "Naturalized"? I'll tell you is isn't naturalized but he is a US Citizen.

You won't be able to get DHS to agree to put a false place of birth on her Passport.
Bob 4 AnnaMalePhilippines2010-07-15 09:05:00
US Citizenship General DiscussionSob story that was avoidable

Here is my timeline:

Married--Sept. 28, 2006
CR-1 visa--Oct. 15, 2006
Conditions removed--May 5, 2009
N-400 rec'd at SC--July 26, 2009
Naturalization interview--Oct. 5, 2009


I've just got to ask: How did you have a CR-1 Visa in hand 2 1/2 weeks after getting married?
Bob 4 AnnaMalePhilippines2010-07-19 09:48:00
US Citizenship General DiscussionChildren Born abroad without of wedlock father
You're looking for CRBA (Consoler Report of Birth Abroad), you need to meet certain criteria such as:

One parent was a USC at the time the child was born and was residing in the US for 5 years after reaching a certain age (either 16 or 18 I think)

You'll probably have to prove with DNA that you're the father and might have to prove that you have a relationship (visits etc) with the child.
Bob 4 AnnaMalePhilippines2010-09-08 10:19:00
US Citizenship General DiscussionTraffic citation!
Traffic citations ARE NOT CRIMINAL CHARGES....

If you were charged criminally then you would have been arrested and needed to post bail. Driving without a license in my state is a criminal charge as is DUI but a traffic citation that is handled in traffic court IS NOT A CRIMINAL CHARGE...

You're fine.
Bob 4 AnnaMalePhilippines2010-09-28 16:50:00
US Citizenship General DiscussionCitizenship mother and daughter.
Your wife must be married to you & have her Greencard for 3 years to apply for Citizenship (you can't apply for her).
Bob 4 AnnaMalePhilippines2010-10-19 14:37:00
US Citizenship General DiscussionDo I need an up to date passport?

Do you have a valid state ID or valid drivers license?

Generally you need a valid government photo ID to get into the service centers.

I'm pretty sure USCIS locations will accept a valid Greencard as ID!
Bob 4 AnnaMalePhilippines2010-12-08 15:10:00
US Citizenship General Discussionbankruptcy

Our plan is to get her citizenship at 3 years.

You do realize that the 3 years is from her first green card not first entry on k-3, right?
Bob 4 AnnaMalePhilippines2011-01-03 16:58:00
US Citizenship General Discussionbankruptcy
Yep, personal BK has no impact on USCIS/Immigration matters.
Bob 4 AnnaMalePhilippines2010-12-30 16:35:00
US Citizenship General Discussionwas brought here when i was 13...

my brother and sister got their green card 4-5 years ago through marriage (after the 2001 date) without having to leave. and my parents got theirs about a year or 2 ago. i tried to get mine when i married a citizen 6-7 years ago but he would not file my papers due to the fact he thought i would leave him once he did. but he used to abuse me physically and mentally which is why i ended up leaving. just this divorce has been years in the making and will soon be finalized. from the information searching ive done, everyone has told me that i need to wait till i was divorced before i could file for anything.

Do you have proof of the abuse like police records?

If you do then you might want to look in VAWA filing. I don't know if you need to be still married at the time of filing or not but it would be worth looking into.
Bob 4 AnnaMalePhilippines2011-01-09 12:48:00
US Citizenship General DiscussionGetting Divorce After removing the condition on Permenent Resident Card

she was asking about my GC letter and copy stuff. So, i thought she would be interested to cancel my GC that's the reason she was asking me to send her those copies ASAP or she would like to create any problem for my self for my GC.

She is not entitled to copies of your Greencard or your immigration file, don't provide them to her.

If she wants the info she is entitled to then she can contact USCIS with a FOIA Request

FWIW, if she believes that you did marry her just for the Greencard then she can contact ICE and report her suspicions along with any evidence to support it. If she mkes such a report then you might have problems both at naturalization & if you ever petition an foreign spouse (especially from your home country and if you knew the 'new' wife prior to your marriage to the USC).
Bob 4 AnnaMalePhilippines2011-01-10 11:28:00
US Citizenship General DiscussionWhat will happen to my children?
Please clarify something: Your husband is currently a LPR and filed I-130 petitions for each of you and your children?

If there is an approved I-130 for each child then they are not receiving immigration benefits as derivatives of your case but they actually each have their own case.

Once the Petitioner is a USC then each of the 3 cases (you and each child) can be upgraded to Immediate relative of USC (IR/CR-1 for you IR/CR-2 for the children).
Bob 4 AnnaMalePhilippines2011-02-18 09:05:00
US Citizenship General DiscussionThe worst interview experience :(
If things are on the up and up then there isn't anything to worry about but it would seem apparent that the IO is suspicious.

A statement from your ex-wife wouldn't help you as they're already suspicious that she's complicit if there was any monkey business so any statements from her would be self-serving as USC faces stiff penalties for helping with Immigration Fraud.

You best evidence would be anything that demonstrates your separation was resolved and you thought the marriage was on solid grounds when you filed & interviewed for ROC. Proof that you cohabitated & mingled finances for a couple of more years would be good.
Bob 4 AnnaMalePhilippines2011-03-08 20:57:00
US Citizenship General DiscussionThe worst interview experience :(

Sorry to be negative,
but they may deny you citizenship and they may even revoke the GC. If you were separated at the time when you filed I-751 you should have filed with a waiver. Joint filing is only possible when your marriage is viable and if you are separated... obviously it was not.
If you filed for divorce prior to I-751 approval, that is also a problem, that can lead to the consequences above.
You definitely should fire your lawyer though!

I was going to post the exact same thing.

If they're looking into the timing of your ROC vs Separation vs Divorce then you could be in for a rough time as is sounds like you should have filed single with the "divorce waiver".

Since the Conditional part of your Greencard was being married to a USC then this difference might even constitute Material Misrepresentation which is #2 on their No-No list only to False Claim of US Citizenship.

You need to get some really good advice from a Competent Immigration Lawyer ASAP...
Bob 4 AnnaMalePhilippines2011-03-08 17:23:00
US Citizenship General DiscussionWould this effect the citizenship application?

Also she did come her illegaly under a different name in which she doesnt remember either.


First, do you really mean Citizenship or is she filing to Adjust Status to Legal Permanent Resident? She can't go for Citizenship without first being a Legal Permanent Resident.

Second, if she entered illegally then she can't adjust status except for a few scenarios such as Asylum or VAWA. In fact entering with false documents or someone else's documents is immigration fraud which can result in here being deported and banned from re-entry.
Bob 4 AnnaMalePhilippines2011-04-03 11:13:00
US Citizenship General DiscussionUSC adopting minor child

Somebody can correct me, but your husband can't adopt your daughter.
She would be his step-daughter anyways.

For USC to adopt kid from any other country kid has to be orphan, either of the parents cannot be alive.
He will have to petition for your daughter as a step-daughter.

I don't know about other States but in Illinois I'm allowed to adopt my Wife's sons one they've lived in the State as an LPR for 6 months. It's called Step-Parent Adoption and is common across the US.
Bob 4 AnnaMalePhilippines2011-05-26 14:06:00
US Citizenship General DiscussionCitizen

Lol. Yes already a permanent resident. He was told he has go back when he went for his interview.


By "already a permanent resident" you do mean that he has a Greencard already, right? That answer could meant that he just lives in the US.
Bob 4 AnnaMalePhilippines2011-06-10 14:37:00
US Citizenship General DiscussionHow to prove I don't owe taxes?
There are 2 type of transcripts, Return & Account... Order the Account Transcript, see if it has the needed information
Bob 4 AnnaMalePhilippines2011-07-05 16:27:00
US Citizenship General Discussionhow many years

Simplest answer - 2 years and 9 months... but there are several things to be aware of so for your own knowledge, go to USCIS website and read about I-751 and N-400 applications...


so which one is it?? 1yr 9 mos or 2 yr 9 mos???


I yr 9 mos to Remove Conditions on a Conditional Greencard

2 yrs 9 mos to Naturalize.
Bob 4 AnnaMalePhilippines2011-07-21 14:08:00
US Citizenship General DiscussionUS citizen child

I realize there are some nuances here that I may not be aware of...but won't US customs ask (I don't know if that's at the Phillipines or you come through US customs once here in the US).

I would think it would be best to have a note from the other parent always...they can be quite strict about insisting on permission from the other parent.


If you were leaving the country then yes but for a US Citizen child to enter the US no.

For a Philippine Citizen child born out of wedlock traveling with their mother again no.
Bob 4 AnnaMalePhilippines2011-08-05 12:22:00
US Citizenship General DiscussionUS citizen child

my sons has a Phil passport and just recently has his Us passport thru crba. Do i need to get travel consent from father?since my son has a us passport?


Still NO, he is a Philippine Citizen leaving the Philippines under Philippine Law.
Bob 4 AnnaMalePhilippines2011-08-05 09:01:00