ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Procedureschange of employment while applying for k1
Just to be accurate, proof of employment is NOT required. Proof of Ability to Financially Support the beneficiary IS reqiured. Typically this proof comes via your proving of INCOME (INCOME can come from many sources, only some of which are "employment" - think, Interrest, Dividend, Pension, Annuity, etc, etc). Also, substantial liquid Assets can sometimes be utilized as well to demonstrate your Ability to Financially support the beneficiarly.
TinTin and SambyMalePhilippines2007-10-27 22:13:00
K-1 Fiance(e) Visa Process & Procedureshelp! what does rfe want from us?
The only "Birth Certificate" that really means anything from the Philippines is the "NSO ACCREDITED LIVE BIRTH CERTIFICATE". It is issued by the National Statistics Office of the Government of the Philippines. THE NSO only issues this certificate on what is called "SECPA Paper" It is basically an alternating stripped paper with watermarks designed to reduce fraud. It also makes the document difficut to photocopy legibly.

The best solution is to have your fiance go to the NSO office in his province and submit an application and receive a new "NSO ACCREDITED LIVE BIRTH CERTIFICATE". Then send that in with the RFE. This version of the Birth Certificate is completely in English, so there is absolutely no need to get a translation of it. Also, there is no need to submit any other filipino version of a birth certificate (eg. Local birth certficate, etc).

I would wonder if if the comment made in the RFE (or by your lawyer) about needing the translation is either 1) because the one submitted previously to the USCIS was not an NSO Birth Certificate, but rather some local variation (which depending on province and city, I have seen in different languages - or mixtures of local dialects and english), 2) the copy previously submitted to the USCIS was so poor and illegible that the USCIS could not determine if it was in English or not, or 3) The request for a certified translation is for some other document and not the Birth Certificate.

I am assuming from your post that the Divorce decree is for you and not your fiance (since divorce doesnt exist in the philippines except under very specific exceptions like the marriage of a filipino and a non filipino where the non filipino initiated the divorce). Therefore, It should be easy enough for you to make a new copy of your certified final divorce decree, ensure it is legible and submit that with the RFE.

It might also be worth an "attempt" to call the USCIS to see if they are willing/able to clarify the RFE.

Good luck.

Edited by TinTin and Samby, 25 October 2007 - 01:12 AM.

TinTin and SambyMalePhilippines2007-10-25 01:11:00
K-1 Fiance(e) Visa Process & ProceduresPolice Clearance
Pinaylang. Read the web site I sent you. All details are contained there, including applicaiton form (no need to write a letter) and requirements, fees, etc.
TinTin and SambyMalePhilippines2007-11-05 06:13:00
K-1 Fiance(e) Visa Process & ProceduresPolice Clearance
QUOTE (Pinaylang @ Oct 27 2007, 10:46 PM) <{POST_SNAPBACK}>
QUOTE (preciousgift @ Oct 27 2007, 09:41 PM) <{POST_SNAPBACK}>
QUOTE (Pinaylang @ Oct 28 2007, 01:11 AM) <{POST_SNAPBACK}>
If someone had stayed in Austrailia for 4 yrs is the Police Clearance required? Even though that's way back in the 1990's.


I didnt stayed or lived in Australia but yes you will need to get police clearance even its been a long years.It's one of the requirements.






Even though they had diplomatic visa while they were in Germany? And at that time that person was 13 yrs old and 17yrs old when they left Germany? How would I go about requesting that? and how long does it take to? I'm soo glad I thought of this before we receive the NOA2... Please help.



Google is your friend..... Try this: http://www.germanemb...szeugnis_en.pdf
TinTin and SambyMalePhilippines2007-10-28 01:19:00
K-1 Fiance(e) Visa Process & ProceduresVisited my fiance abroad for 4 months, but kept US residence
Sounds like a long vacation to me....For me, I would definately not list it
TinTin and SambyMalePhilippines2007-11-09 11:11:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of financial support
QUOTE (lilysintrigue @ Nov 11 2007, 12:00 PM) <{POST_SNAPBACK}>
Hello All,

I am new to this forum, and I was referred her by immigration portal. I am in the process of bringing my fiance over here on a K1 visa. I got a free evaluation from a lawyer and he said that I need an affidavit of financial support. But what my question is is that when I called the USCIS to get the earnings of how much I am to make to support him the kind lady on the phone said that for a 2 person household, my income would have to succeed $17,112 a year. Well I make around $12 an hour and that would be $23,000 a year. Now why would the lawyer say that I would need an affidavit of support or a cosigner? Anyones help would be greatly appreciated.

Kind Regards,
Shawna & Chris


Hi. I just wanted to make sure you weren't confused about 2 points from your original post.

The first comment of yours that I have bolded above, says that you need an "affidavit of financial support'. As many have stated here, that affadavit is the form I-134. It is required by ALL petitioners, regardless of their income, who are going through the K1 Visa process. The form and its supporting documentation is presented at the embassy during the final interview (that will be many months down the line for you guys). So, the attorney did not make some kind of "evaluation" of your sutiation and conclude that you need to submit an "affidavit of financial support'. He simply quoted you this standard requirement which is needed by all petitioners going through the K1 Visa process.

The second comment of yours that I have bolded above, says "Now why would the lawyer say that I would need an affidavit of support or a cosigner?" Again, why you need an affidavit of support is because ALL Petitioners are required to provide this. The "...or cosigner" is referring to the POTENTIAL need for a "Co-Sponsor". A Co-Sponsor (not "co-signer") is a second person who, in addition to the petitioner's affidavit of support, also submits an affidavit of support. This Co-Sponsor is only needed when the petitioner does not meet the financial support qualifications for their sponsored K1 Visa Beneficiary. In effect, each of 2 different people (the Petiitoner (you!) and the Co-Sponsor are both, individually demonstrating their intention and ability to financially support the K1 Visa Beneficiary. One of the main financial support qualifications is the demonstration of sufficient income. This is the $17,112 annual figure that you were advised of.

If you haven't yet had a chance to read through the K1 process guides pinned here at VJ, those will give you an excellent initial overview of the steps of the journey on which you are about to embark.

Good Luck.

-Samby
TinTin and SambyMalePhilippines2007-11-11 16:01:00
K-1 Fiance(e) Visa Process & Proceduresaffidavit of financial support
[quote name='l
TinTin and SambyMalePhilippines2007-11-11 15:43:00
K-1 Fiance(e) Visa Process & ProceduresCo-sponsor not allowed



Edited by TinTin and Samby, 09 November 2007 - 10:51 AM.

TinTin and SambyMalePhilippines2007-11-09 10:46:00
K-1 Fiance(e) Visa Process & ProceduresTechnical question concerning G325A PDF
Yes, attachment is fine and straightforward solution. Just remember there are 4 pages (virtual copies of each other, but the footers ARE different, so, you will want to print them all out - not make 4 copies of first page). Make sure you include a copy of your attachment for EACH of the four 325 pages. - SO , TOTAL OF 4 COPIES of the attachment.

Regards,
Samby
TinTin and SambyMalePhilippines2007-11-15 22:05:00
K-1 Fiance(e) Visa Process & ProceduresHelp !!!

As far as doing K-1/K-2, it depends on how much information you give. If you tell the CO or border officers, that you had a wedding, it could cause problems even if it was not legal. Just treat it as an engagement party. She is not your not yet legal wife, she is your fiancee.


Excellent Advise!! :thumbs:

-Samby
TinTin and SambyMalePhilippines2007-07-15 20:42:00
K-1 Fiance(e) Visa Process & ProceduresWe are scheduled for an interview!!!
congratulations! ...and, also, thanks for your service!
TinTin and SambyMalePhilippines2007-11-21 02:19:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about Interview.
Congrats on getting this far!

Some words of advise from personal experience, if I may. I would NOT count on her having her corrected BC in hand by the 3rd week in December. That process with the NSO is maddeningly iterative. With each step, 3 more steps are discovered! Also, please do use the Passport Direct Online Service for getting her passport. It is MUCH MUCH more efficient. However, regardless of what they quote you for turnaround time, bank on 3 weeks- 4 weeks, especially around the holidays. Here is the link. http://www.passport.com.ph/ Just pay the price and let the time go by, you can do all sorts of gyrations and trips back and forth to NSO and DFA, but ultimately, you will have more frustration and it will take longer than if you let the teleservice people take care of it for you. Note..also, if you do the the Passport Direct Online Service, you can also be sure you will get the new Machine Readable Passport that the Philippines just started inssuing this year. If you go to a local DFA office, you may still get the old style passport issued, as all regional dfa offices have not yet fully implemented the new machine readable passport issuances.

If i was sitting here on 21 November 2006, still needing NSO annotated Birth Certificate (they only annotate the 'correction' along the side of the Birth Certificate, they do NOT actually correct the error in the main body of the Birth Certificate Form...go figure!) and the CFO class and the CFO stamp and a first issuance of a Philippines Passport, I would be planning on not having all of those in hand until Feb 1, 2008, to be safe.

Also, if you havent yet, you can take this time to get her Cenomar, NBI Clearance, immunzation records, etc.

Good luck...just keep the patience level high and dont expect any logic from the steps required.

-Samby

Edited by TinTin and Samby, 21 November 2007 - 03:22 AM.

TinTin and SambyMalePhilippines2007-11-21 03:19:00
K-1 Fiance(e) Visa Process & Proceduresdiff. spelling and diff. year of birth! wat do i do!!!??
Hi jhilly143.

First off, take a deep breath - all will be ok. Your finance's situation is VERY VERY VERY COMMON in the philippines. do a search here on "RA9048". You will find several others who have had to go through revision processes to get small clerical errors corrected on their Birth Certificates and have those corrections registered at the NSO (which, by the way, you definately! want to do). Don't let some attorney or "helpful" person tell you that all you need is a "letter". After the whole correction process is complete (in your guy's case X2!) then you want to request a certified copy of his Annotated Birth Certificate. This is requested and issued by NSO. On it will show the original (mistaken) name and birthdate and then along the side of the document will be an annotation that has the date of the correction(s) and the new correct name and birthdate.


The proess is quite long and tiring, so it is great if your guy's mom has hired an attorney to handle it for you. HOWEVER.....please be advised that there are a lot of attorneys in the Philippines who will be more than happy to take your money, stick your request in their drawer, call up their buddy down the street and have a new corrected Birth Certificate delivered in your hand. Obviously, that doesn't mean anything. just fraud and forgery ad a waste of time and money. The most sure fire way for you to confirm that the attorney did in fact do his job correctly is to go to the NSO office yourself and request a copy of his ANNOTATED BIRTH CERTIFICATE. if the NSO office hands you an annotated BC with the corrections noted (and no NEW ERRORS introduced (be careful about this one - you have to triple check everything in the philippines, cause no one else is going to do it for you) then you are good to go.

Good luck - again - the process can be long (many months), and frustrating, reams of documentation required to be collected just to fix someone's stupid little clerical error) - but it is VERY COMMON and you will find many people in the same boat. If your attorney is honest, that can be good - mostly to offload the tons of paperwork and personal trips to various govt offices required. Just be sure to check his work by independently going to the NSO office and getting a copy of the ANNOTATED BC. Don't just ask the NSO for his BC - they will be happy to oblige you and take your money and give you (aother) copy of the incorrect one. Confirm with the NSO office that they have an ANNOTATED BC on file and then check it with a magnifying glass to ensure all info is accurate.
TinTin and SambyMalePhilippines2008-01-21 07:27:00
K-1 Fiance(e) Visa Process & Proceduresk-i visa
Not exactly true. Actually the philippines does recognize divorce for the philippine citizen in the following limited situation:

Filipino(a) marries foreigner in foreign country. Foreigner files for divorce in country where divorce is legal. Filipino(a) contests divorce but the legal system in the divorce jurisdiction does not recognize it and the divorce petitioner (foreigner) is granted divorce.

In the above scenario, the Filipino(a) new status will be recognized in the Philippines and he/she is free to (re-) marry.

http://famli.blogspo...ivorcee-to.html

-Samby
TinTin and SambyMalePhilippines2008-03-02 02:34:00
K-1 Fiance(e) Visa Process & ProceduresPregnant beneficiary while doing k1 process
QUOTE (Stephen1 @ Feb 7 2008, 09:41 PM) <{POST_SNAPBACK}>
from what ive heard its the same proccess if you are pregnant. I really dont understand why your fiance waited 5 months if you were pregnant. but anyways good luck, hopefully he filed in vermont service center.



Nor is it any of your business!
TinTin and SambyMalePhilippines2008-02-20 04:36:00
K-1 Fiance(e) Visa Process & ProceduresVaccnation supplement question...
QUOTE (David_n_Amber @ Mar 16 2008, 11:57 AM) <{POST_SNAPBACK}>
they keep a copy of the medical exam on file. its worth a try getting a copy of the ds 3025. gooooooooodluck! Surprisingly the office wasnt too bad to me. maybe its because im a guy and they're used to deal with catty women lol


whistling.gif........
TinTin and SambyMalePhilippines2008-03-16 18:25:00
K-1 Fiance(e) Visa Process & ProceduresWe made it!!
Congrats!
TinTin and SambyMalePhilippines2008-03-19 01:22:00
K-1 Fiance(e) Visa Process & ProceduresAbout Separation Agreement...Finacee Pitition
Hi,

There is something more that must be going on here. The requirement is that the US Citizen must be free to marry AT THE TIME OF THE INITIAL I-129F APPLICATION. So, there is no way that your friend could have gotten a SLEC Medical Appointment and US Embassy Interview appointment if the total facts are as you relay, because neither the NOA1 nor NOA2 would have been issued for a I-129F K1 petition that stated the USC was married and did not include a copy of his final Divorce Decree.

We need more information to help, because the facts that you were told and are relaying here are not consistant with an approved I-129F petition. Maybe you can get more details from your friend so that we can help further.


Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-03-21 00:59:00
K-1 Fiance(e) Visa Process & ProceduresDrug Use
QUOTE (Racerly @ Mar 24 2008, 11:41 PM) <{POST_SNAPBACK}>
Please help. During K1 medical of course they will require drug test... I'm sure most people have used drugs at some point of their life. How long will the drug stay in your body? Or does it depend what kind of drug it was used? What if it's just mariajuana or weed? What if you took it 4 months ago or 6 months ago will it show on the medical results at the embassy?



huh.gif
TinTin and SambyMalePhilippines2008-03-25 03:14:00
K-1 Fiance(e) Visa Process & ProceduresK1/2 denial in Guang-Zhou
QUOTE (selena @ Mar 27 2008, 09:34 AM) <{POST_SNAPBACK}>
Visited http://www.candleforlove.com but found nothing about white slip or denial fighting. If you know the addresses, please post them. Thanks.



Selena, I can appreciate the difficulty of English not being your first language. Because of that, you really need to try harder to search, read and listen when asking for help. I have never been on CandleForLove.com until 1 minute ago, but in my first search on that site, there appear to be literally hundreds of posts there on White Paper Denials re Findings of non Bona Fides of Relationships as well as attorneys with experience in the GZ Consulate.

May I suggest starting with this thread here: http://candleforlove...showtopic=30084. There are several attorney names listed for your situation and some have member reviews/recommendations.

Good luck to you and your fiance. I wish you all the best.

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-03-27 13:14:00
K-1 Fiance(e) Visa Process & ProceduresNeed Advice In a mistake
Dear Lostin Us,

You see to be worrying a lot for something that is probably nothing. Assuming the first incorrect inormation in the application was just a simple error, you should absolutely correct that error now in the new forms. I would also write a simple short letter explaining tht you made a simple mistake on the date, that in reviewing the paperwork now, you uncovered your mistake and have corrected that mistake. Simple...no big deal. don't worry so much!! Good luck!

Warm Regards,
Samby

PS. Please fill in your information in your Visa Journey profile TIMELINE! Thanks.
TinTin and SambyMalePhilippines2008-04-04 11:10:00
K-1 Fiance(e) Visa Process & ProceduresAre you self employed? Employment Letter? I-134 Question
As us the case with so many other "requirements" in this process, unfortunatey, I think the answer is "it depends". It depends on the embassy being used, the consul doing the interview, the petitioner and their individual circumstances. The real Question that is being asked by the Immigration Officials is "Can the Petitioner support the Applicant and ensure the applicant does not become a public charge and therefore a drain on US Taxpayers?". What is needed to convince the particular Embassy and Consul of this will vary widely, depending on the totality of the individuals involved.

For our K1 interview, I submitted 2007 ITR, 1099s, Letter of Self Employement on my business letterhead along with a copy of my business card and my CV, statement of Bank Accounts. That was fine for our situation and no questions arose from the consul in the Philippines. However, I also had with me Tax Transcripts for the past 3 years, copies of Client Contracts (redacted for confidentiality) JUST IN CASE the consul had questions and wanted more info. We didnt need them, but one never knows the level of PROOF that a particular Embassy and a particular Consul will require to be satisfied with the real question being evaluated: " Will this applicant e a public charge...".


Good luck!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-04-05 05:11:00
K-1 Fiance(e) Visa Process & ProceduresOnce the AOS is lodged how long?
QUOTE (Steve and Amara @ Apr 5 2008, 10:58 AM) <{POST_SNAPBACK}>
Once we get married we then file for an Adjustment of Status.

How long does the AOS take to be issued/ the SSN issued?

Hypothetically, If we got married on the 40th day after my fiancee's entry into the USA and then we file for the AOS on the 45th day, would her SSN be issued before the 90 days are up?

We are a little confused, obviously the AOS needs to be filied before the 90 days are up, however can my fiancee still be in the county after the 90 days are up if her SSN has not been issued?
If the 90 days were up and she still hadnt recieved her SSN (however the AOS had been lodged) would she need to file sme kind of 'bridging' visa or pay a fee to keep her in the coutry until her SSN is recieved?
Cheers! unsure.gif


Hi Steve,

The AOS processing time varies widely - from a couple months to more than a year. The Conventional Wisdon here is that Your NOTICE OF FILING THE AOS is sufficient for documenting your legal status in the country for that interim time between when the I94 expires (90 days after entry) until the AOS is conpleted (or at least the EAD is issued).(assuming , of course that you did in fact get married within the 90 days of arrival). There is no other application or action or fee necssary (what you are referring to in your post as "some kind of 'bridging' visa or paying a fee").

The SSN issuance process is not tied to the AOS process. There is no need to wait for AOS to apply and receive SSN.

Pushbrk gave you some good advise. The framing of your questions appears that you may have some misunderstanding of the defination and approach to the various processes in the stage you are in (don't we all!!! smile.gif ) Reading the Guides can help immensly, not just for answers but also for framing additional questions to post to VJ.

Best Wishes to you!

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-04-06 01:37:00
K-1 Fiance(e) Visa Process & ProceduresTotal Costs of Immigration
QUOTE (melusine @ Apr 4 2008, 09:06 AM) <{POST_SNAPBACK}>
QUOTE (TinTin and Samby @ Apr 4 2008, 12:00 PM) <{POST_SNAPBACK}>
SOME of those costs are most definately Immigration costs. Meeting In Person is an IMMIGRATION REQUIREMENT - hense costs associated with that end are Immigration costs. Proof of OnGoing Relationship is an IMMIGRATION REQUIREMENT, hence costs associated with that end are an immigration costs...etc..etc..


I don't agree.....
Meeting in person is what i would call a relationship requirement.... (and immigration concern is if you are in a relationship... and of course, meeting in person helps)
Proof of ongoing relationship... is also something you should have because you are in a relationship... (and not for the purpose of immigration (I mean you don't create it for the immigration as itself))
Thoses are long distance relationship cost.....and not directly related to immigration.


Thanks for your post. We disagree on the defintion of costs. Best Wishes to you.

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-04-05 05:02:00
K-1 Fiance(e) Visa Process & ProceduresTotal Costs of Immigration
QUOTE (melusine @ Apr 4 2008, 04:56 AM) <{POST_SNAPBACK}>
that is true, but i wouldn't consider the trips to visit each other as an immigration cost.....
trip to the consulate, i would calculate it definetly (for this person who's so is in iran).

the trip to see each other are more "vacation", and about to stay mentally sane...but well, it's not immigration required.
bills of internet (thanks skype !!) i wouldn't put it there either since i would most probably have internet anyway, whatever if my sweet was living with me or not.
Same think for phonecalls. I would put that on the cost of long distance relationship more than immigration



SOME of those costs are most definately Immigration costs. Meeting In Person is an IMMIGRATION REQUIREMENT - hense costs associated with that end are Immigration costs. Proof of OnGoing Relationship is an IMMIGRATION REQUIREMENT, hence costs associated with that end are an immigration costs...etc..etc..

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-04-04 11:00:00
K-1 Fiance(e) Visa Process & ProceduresWhat if my fiance doesn't know something?

As your teaching was more than 5 years ago, its not needed on the form.

Most USC's answer the "last occupation abroad (if not listed above)" question with 'none' - unless they indeed had employment abroad within the last 5 years (in which case, it is already listed 'above' on the form, and not needed again).



I don't beleive that is acccurate. My understanding is that the last work ourside the USA ("abroad" for a USC), if any, regardless of the number of years that have passed.

Perhaps one of the VJ experts can weigh in on this? Thanks!


Hmm. I think you're right. I opened the G 325a - thinking there were instructions with it to provide guidance on this subject, but there aren't any.

So I think the question as stated on the form indeed means whether or not the work abroad was 5 or 10 years ago - it says to list the last occupation abroad (if not stated above). So if I were a USCer who had taught ESL abroad, I would indeed list it there -- if I couldn't exactly remember the employer, I'd put 'employer unknown, see supplement' and then explain on a supplemental form that you know when and where it was (give the dates/location) but cannot remember the name of the firm that employed you.

I thought that the 'within the last 5 years' applied to ALL employment, including overseas employment. But that isn't how the form reads.

See - this is why I like coming back to threads I posted in and reading subsequent responses. Thank you!!!


:thumbs: Yep..me too! I certainly do learn more each day I come here...even if I have to sift through a lot of other people's attitude baggage to learn it. But, it's all good..that's the price of learning. :) Take care!
TinTin and SambyMalePhilippines2007-08-17 07:46:00
K-1 Fiance(e) Visa Process & ProceduresWhat if my fiance doesn't know something?

As your teaching was more than 5 years ago, its not needed on the form.

Most USC's answer the "last occupation abroad (if not listed above)" question with 'none' - unless they indeed had employment abroad within the last 5 years (in which case, it is already listed 'above' on the form, and not needed again).



I don't beleive that is acccurate. My understanding is that the last work ourside the USA ("abroad" for a USC), if any, regardless of the number of years that have passed.

Perhaps one of the VJ experts can weigh in on this? Thanks!


It was the foreign fiance that worked in Japan. Her last employment abroad is her current or most recent employment. If we were talking about a USC working abroad, you would be absolutely correct.




Thanks. If you reread, you will see that I actually did distinguish the relevant rule for both scenarios - the USC Petitioner and the Beneficiary (who is the subject of the OPs original request).


From my post above:

if the USC Petitioner *EVER* worked outside the USA (ie "abroad") - regardless if that was more than 5 years ago - , they are required to list the last such position in the "supplemental" section, unless it is already listed in the "main" section.

regarding the OP's Beneficiary, even if she is not 'technically' required to list her Japan employment on the G-325a, she WILL be required to have a Police Clearance issued from Japan if she was there for 6 months or more subsequent to turning 14 years of age.


It was not addressed in the post to which I responded. I didn't notice who said what before that post. It is still true that most USC's answer the question with "none" but if they ever had an occupation abroad, the last one is required to be listed. What a small subset must doesn't invalidate what most correctly do.


Huh??? Just feeling argumentative today or what?
TinTin and SambyMalePhilippines2007-08-17 07:43:00
K-1 Fiance(e) Visa Process & ProceduresWhat if my fiance doesn't know something?

As your teaching was more than 5 years ago, its not needed on the form.

Most USC's answer the "last occupation abroad (if not listed above)" question with 'none' - unless they indeed had employment abroad within the last 5 years (in which case, it is already listed 'above' on the form, and not needed again).



I don't beleive that is acccurate. My understanding is that the last work ourside the USA ("abroad" for a USC), if any, regardless of the number of years that have passed.

Perhaps one of the VJ experts can weigh in on this? Thanks!


It was the foreign fiance that worked in Japan. Her last employment abroad is her current or most recent employment. If we were talking about a USC working abroad, you would be absolutely correct.




Thanks. If you reread, you will see that I actually did distinguish the relevant rule for both scenarios - the USC Petitioner and the Beneficiary (who is the subject of the OPs original request).


From my post above:

if the USC Petitioner *EVER* worked outside the USA (ie "abroad") - regardless if that was more than 5 years ago - , they are required to list the last such position in the "supplemental" section, unless it is already listed in the "main" section.

regarding the OP's Beneficiary, even if she is not 'technically' required to list her Japan employment on the G-325a, she WILL be required to have a Police Clearance issued from Japan if she was there for 6 months or more subsequent to turning 14 years of age.
TinTin and SambyMalePhilippines2007-08-16 02:32:00
K-1 Fiance(e) Visa Process & ProceduresWhat if my fiance doesn't know something?

As your teaching was more than 5 years ago, its not needed on the form.

Most USC's answer the "last occupation abroad (if not listed above)" question with 'none' - unless they indeed had employment abroad within the last 5 years (in which case, it is already listed 'above' on the form, and not needed again).



I don't beleive that is acccurate. My understanding is that the last work ourside the USA ("abroad" for a USC), if any, regardless of the number of years that have passed.

Perhaps one of the VJ experts can weigh in on this? Thanks!
TinTin and SambyMalePhilippines2007-08-15 22:22:00
K-1 Fiance(e) Visa Process & ProceduresWhat if my fiance doesn't know something?
Actually, For a USC Petitioner, only 5 years worth of employment history is required in the "main" section.

However, if the USC Petitioner *EVER* worked outside the USA (ie "abroad") - regardless if that was more than 5 years ago - , they are required to list the last such position in the "supplemental" section, unless it is already listed in the "main" section.



As others have mentioned, regarding the OP's Beneficiary, even if she is not 'technically' required to list her Japan employment on the G-325a, she WILL be required to have a Police Clearance issued from Japan if she was there for 6 months or more subsequent to turning 14 years of age.

Given this Japanese Police Clearance requirement (which has been reported can take up to 4 months to attain - apply early!), if It were my fiance's G-325a application, I would have her list it in the employment section. IMO, this provides more consistancy of all the interrelated information in the K1 Application package. For certain, someone is going to ask the question why is there a Police Clearance here from Japan? What was she doing in Japan? The answers will be more clear and self-documenting by providing a more holistic view of the history of the beneficiary by including the employment entry in the employment section in the initial application.
TinTin and SambyMalePhilippines2007-08-15 22:19:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant
QUOTE (TinTin and Samby @ May 9 2009, 02:32 PM) <{POST_SNAPBACK}>
QUOTE (JenT @ May 18 2006, 12:49 PM) <{POST_SNAPBACK}>
I'm tending to treat people's posts like child rearing advice... I listen to it all, gather the facts myself, and then make the best decision for my own circumstance.

Jen


good.gif This comment from JenT is the Best advise that any VJ member can get!

Warm Regards,
Samby


blink.gif headbonk.gif Well, imagine my foolishness for just realizing that I replied to a 3 year old thread!....Time for bed.... (but Jenn's advise is still good today!)

-Samby
TinTin and SambyMalePhilippines2009-05-09 17:45:00
K-1 Fiance(e) Visa Process & ProceduresFiancee is pregnant
QUOTE (JenT @ May 18 2006, 12:49 PM) <{POST_SNAPBACK}>
I'm tending to treat people's posts like child rearing advice... I listen to it all, gather the facts myself, and then make the best decision for my own circumstance.

Jen


good.gif This comment from JenT is the Best advise that any VJ member can get!

Warm Regards,
Samby


TinTin and SambyMalePhilippines2009-05-09 17:32:00
K-1 Fiance(e) Visa Process & ProceduresPhilippines: K1 / K2 -- Utterly Confused! Please advise?
QUOTE (KJamal99 @ Oct 27 2009, 10:44 AM) <{POST_SNAPBACK}>
QUOTE (MikeInWyoming @ Oct 27 2009, 09:55 AM) <{POST_SNAPBACK}>
QUOTE (KJamal99 @ Oct 26 2009, 03:52 PM) <{POST_SNAPBACK}>

Another question guys...

So if my friend can adopt her sister, and if we do get married, does her sister HAVE to come at the same time as my wife? OR can she come at a later time? What would we do, just petition for her? Or since she will technically be the "daughter", then we can just buy a plane ticket and bring her over, right?

I want to suggest something like this to my friend. That way, we will have a few years with just the two of us. Then maybe in two years, we could bring the sister/daughter. By then, I think my friend/wife would be working in her field and contributing to finances...
Because I think I could only afford to immigrate them one at a time...


If they are joined at the hip and the child is 11 - and if your fiancee is really as concerned as you say - this second option seems impossible - or it is not quite as you say. You epiphany that you have a "package deal" seems to be not as clear a revelation!

However according to the immigration rules if the child is legally adopted by your fiancee BEFORE you start the K1 filing and is listed as a dependent daughter in the initial paperwork and on the I-156K, then she has some time with which to follow later her adopted mother as an automatic k2 visa recipient. Otherwise you have to refile for her later - separate process. But at no point it is longer that two years. Anything you would do, needs to be within two years without creating the requirement a far longer process.


Oh no, they are DEFINITELY attached! But in my eye, nothing is impossible... To me, there is a glimmer of hope because their father did remarry this year. My intent would be to suggest to my friend that she try to start "weaning" her sister off of her, and help her get acquainted with the step-mother. She tells me, "it's up to you" a lot; so I think that if I suggest this, she would at least consider it. The attachment is definitely stronger on the sister's side, but I think my friend could possibly handle being away from her for a short time as long as she knew they would reunite here soon. If I marry this woman, I just want to be alone with her for at least a year or two - it's not like I want to seperate them indefinitely.

Anyway, so good. We plan to get her adopted first... I understand if she has a good case for adopting - which I think she does - then that process takes about 6 months. THEN, AFTER THE LEGAL ADOPTION OF HER SISTER, we will begin filing for the K1. So at his point, it seems like you are saying my friend can legally claim her sister as her dependent, correct? And you are saying we need to list her on I-156K and some other "initial paperwork". My question is, will it be obvious where I need to list her? I work in Technology, so government and government paperwork... It's just an entirely different language to me! sad.gif

But is what I am getting from you this, that as long as the sister (adopted daughter) follows WITHIN 2 YEARS, then she can come as an automatic K2? But if we wait longer than that, then we will have some problems? If so, I think two years would be ideal. She should be about 14 then, and time to begin high school. Plus, automatic/free babysitter (when I have kids)! biggrin.gif


You may consider this unsolicited advise. If so, please do not be offended. I only offer it as an opservation after reading through this entire thread, incuding your original post and all of your replies.

With respect, it seems you may not have a good deal of experience with the Filipino culture. It can be very dangerous to project american based logic and reactions onto people of other cultures, including, among others, Filipinos. For example your last post with the "up to you" comment that you referenced - in general if would be a mistake to take that comment literally and at face value. I think BARON555 said it best: "sounds like a very messy situation". You might consider the possibilities of spending more time there in the PI as your friendship and courtship grows and evolves. In addition allowing more time to expore the desires, options and pragmatic realities of a Filipino beaurocracy allowing an 11 year old child with a still living father, who lives in the same household to relenquish his parental legal rights and have that girl be legally adopted by her sister, who is living in that same household as the natural father. Older Siblings caring (financially and emotionally) for their other younger sibllings is a common thing in the philippines. So is children caring financially for their parents (even when those parents are not particularily 'old'). This situation is common, accepted and to some degree expected - formalizing it with legal procedings is an entirely different ball of wax, however. Unfortunately, US Immigration law only recongnizes legally formalized situations, not cultural ones. Therein lies the problem.

Whatever you decide, I wish you nothing but success for what you want and much happiness.

Warm Regards,
Samby

Edited by TinTin and Samby, 27 October 2009 - 08:40 PM.

TinTin and SambyMalePhilippines2009-10-27 20:39:00
K-1 Fiance(e) Visa Process & ProceduresMarried only abroad but not in Philippines

Hello vjers,

I was married abroad middle east year 2003 and divorced 2004. According to their law, I'm legally divorced and have a proof of it ( this is also submitted to the USCIS, from the very beginning). So when NVC provided me a case#, it should be process in Manila. What makes me worry is that, in my NBI Clearance, it says I'm single. I asked the NBI employee if it is ok to change it as "divorced" being my civil status, he said, Philippine law has no divorce. Could this be accepted by the US Embassy Manila? :unsure:

Appreciate your inputs...


Your profile is a bit confusing. It says that you already had your interview at USEM. Yet, your signature line says it is only scheduled for later this month.

So, I will make some assumptions for my reply to you. Please correct any assumptions that are not accurate. And note the key information needed in order to know what your option(s) are.

1. You are a Filipina currently residing in the Philippines.
2. You were previously in the Middle East (IMPORTANT: need to know the Country to confirm the answer to your situation) where you were married and then divorced from some man (IMPORTANT: need to know the citizenship of that man in order to confirm the answer for your situation.)
3. You never had your Middle East marriage reported to the NSO in the Philippines (which by the way, is irrelevent - the Marriage existed, regardless of having it reported or not).

If you were NOT the petitioner for the Divorce (and depending on the COUNTRY where the divorce occurred and the CITIZENSHIP of the Man you were married to), then the Philippines WILL recognize the Divorce. You will need to a) Report the Marriage to the NSO and then b) report this valid exception to the "no divorce" Philippine Laws. This must also be reported to the NSO so that they can issue a correct and true CEMAR/CENOMAR documenting your previous married status and your current divorced status - and most importantly, you legal ability to enter into another marriage.

There is simply no way that all of this NSO paperwork will be complete by your scheduled interview at USEM in Manila this month.

You can not simply take the NSO CENOMAR to the USEM and "not mention" the prior marriage and divorce. That would be Fraud and it would most likely result in not only a denial of the K1, but a ban as well. (I do see where you stated that you provvided this info in your previous documentation. However it would be erroneous to assume that USCIS has even looked at your file contents yet. Just becuase they have not communicated anything to you, does NOT mean that "All is Well".)

One of the fundamental requirements of the K1 visa is that BOTH parities have to be legally able to Marry. This Legal Ability to Marry is based on the Laws of the Countries from which the each party is a citizen. That would by PHILIPPINES for you. Having a Divorce Decree from a Middle Eastern country does nothing to tell the USEM that by PHILIPPINE Law, you are free to Marry.

The above is the BEST CASE SCENARIO for you. It could be far worse. If the person you were married to and divorced from in the Middle East was a Filipino citizen, then that divorce will be invalid in the Philippines and you will still be considered married and therefore NOT free to Marry again - hence no K1 Visa.

Also, if the person you were married to and divorced from in the Middle East was a citizen of a country that allows divorce, but YOU were the party that initiated the Divorce Action, then that divorce will also be deemed invalid in the Philippines and you will still be considered married and therefore NOT free to Marry again - hence no K1 Visa.

You have a lot of work ahead of you to straighten all of this out before you can proceed with your K1 Visa process. I wish you the best of luck.

Warm Regards,
Samby

P.S. There is the remote possibility of filing for ("buying") an Annullment, but that is not a sure thing, takes a long time and can be very expensive in the Philippines.
TinTin and SambyMalePhilippines2011-10-13 22:37:00
PhilippinesFilipinas
QUOTE (Ianne25 @ Nov 23 2007, 01:41 PM) <{POST_SNAPBACK}>
because we eat with spoon and fork! biggrin.gif laughing.gif tongue.gif


As a "re-educated" westerner, I can tell you that I now know just how multi-purpose a spoon can be!!!! smile.gif hehehe

laughing.gif

Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-03-16 11:18:00
PhilippinesFinally Visa on hand!
Congratulations!
TinTin and SambyMalePhilippines2008-05-14 00:40:00
PhilippinesCFO
QUOTE (jom @ Apr 20 2008, 05:33 AM) <{POST_SNAPBACK}>
QUOTE (TinTin and Samby @ Apr 17 2008, 03:04 PM) <{POST_SNAPBACK}>
For all those people who take the passive attitude of "Well, it's their process, you have to comply if you want the certificate. What else can you do?" I say "PLENTY!!!!!!!!" First off, vote with your feet. As soon as you get any inappropriate ####### from someone at PRISM, just stand up and leave. No explanation required. Get on the LRT2 and ride up to SMEF COW. When the CFO HQ sees that the attendance figures at PRISM have gone down through the floor, THEY will be the ones doing the investigating...of PRISM..to see why no one is going there anymore!

As others have pointed out, the Philippines law requires Parental CONSENT for 21 and under. Parental ADVISEMENT (that is "PARENTAL NOTIFICATION") for 22 to 24 years old.

One suggestion is that there appears to be clear annecdotal evidence that those people showing up for CFO counseling session with their USA VISA ALREADY IN HAND receive a significantly less ADVISARIAL session than those that come before they have their visa in hand. Since SMEF COW now provides a one stop, one day service for both the counseling session and the CFO Passport Sticker, it's adviseable for people to wait until after they receive their USA VISA to attend.

In regards to the petitioner's Mother's Maiden Name and other nonsensical requests (Petitioner's Mother's Birth Certificate??!??! Give me a break!) Here is my standard answer: It's "CLAUS", as in MRS. SANTA CLAUS. Yes, that is sarcasm, but more palatable then the real reason: "It's NONE OF YOUR DAMN BUSINESS AND EVEN IF IT WAS, I WOULDNT EVER GIVE THE 3RD MOST CORRUPT COUNTRY IN THE WORLD THAT INFO".Warm Regards,
Samby
TinTin and SambyMalePhilippines2008-04-26 08:55:00
PhilippinesCFO
For all those people who take the passive attitude of "Well, it's their process, you have to comply if you want the certificate. What else can you do?" I say "PLENTY!!!!!!!!" First off, vote with your feet. As soon as you get any inappropriate ####### from someone at PRISM, just stand up and leave. No explanation required. Get on the LRT2 and ride up to SMEF COW. When the CFO HQ sees that the attendance figures at PRISM have gone down through the floor, THEY will be the ones doing the investigating...of PRISM..to see why no one is going there anymore!

As others have pointed out, the Philippines law requires Parental CONSENT for 21 and under. Parental ADVISEMENT (that is "PARENTAL NOTIFICATION") for 22 to 24 years old.

One suggestion is that there appears to be clear annecdotal evidence that those people showing up for CFO counseling session with their USA VISA ALREADY IN HAND receive a significantly less ADVISARIAL session than those that come before they have their visa in hand. Since SMEF COW now provides a one stop, one day service for both the counseling session and the CFO Passport Sticker, it's adviseable for people to wait until after they receive their USA VISA to attend.

In regards to the petitioner's Mother's Maiden Name and other nonsensical requests (Petitioner's Mother's Birth Certificate??!??! Give me a break!) Here is my standard answer: It's "CLAUS", as in MRS. SANTA CLAUS. Yes, that is sarcasm, but more palatable then the real reason: "It's NONE OF YOUR DAMN BUSINESS AND EVEN IF IT WAS, I WOULDNT EVER GIVE THE 3RD MOST CORRUPT COUNTRY IN THE WORLD THAT INFO".

Warm Regards,
Samby

Edited by TinTin and Samby, 17 April 2008 - 02:05 PM.

TinTin and SambyMalePhilippines2008-04-17 14:04:00
PhilippinesZandy is finally here with me and Zach...
Great to hear you guys are all finally together. Trying times to be had by all in the Philippines...but your perserverance has paid off! Congratulations and Best Wishes!

Warm Regards,
Samby & TinTin
TinTin and SambyMalePhilippines2008-06-17 01:15:00
Philippinesim 21 do a need a consent?
QUOTE (jasman0717 @ Jan 8 2009, 08:02 PM) <{POST_SNAPBACK}>
QUOTE (tallcoolone @ Jan 8 2009, 06:33 AM) <{POST_SNAPBACK}>
You will need Parental Consent signed and notarized.

You will have to show it at CFO Seminar, before they will issue you a stamp to leave PI.


good.gif



Actaully, at 21 years of age, the law requires Parental NOTIFICATION, not CONSENT. Sometimes CFO requires this documentation, sometimes they don't.

Warm Regards,
Samby
TinTin and SambyMalePhilippines2009-01-08 23:14:00