US Citizen blacklisted from PH

[Leruj 2]

Hi all! 

 

I would like to know your inputs on the matter. 

 

Flashback: My fiancee was brought here in the PH by her mother when she was a baby (her mother was a Filipina). 

 

Ever since she was a kid she lived here in the PH, until year 2015 she was sent a notice about her overstaying, and apparently no one paid her taxes. She incurred at least $ 6,000 of charges. 

 

She went back to the US, and for now still hasn't paid the deferred charge. 

 

We plan to apply for a K1 visa so I can come over the US to complete our family.

 

Question: Does her name being in the blacklist of PH Immigration affect our application for my K1?

 

Thanks, and stay safe!

[Hank_ 9,174]

USCIS nor the embassy care about your fiancee overstaying in the Philippines.   I don't believe that CFO would check into that either ..      I don't see this "blacklisting" being an issue.

 

 

Now for your Fiancee "issues".   Did your fiancee's mother report her daughter's birth to the Philippines?  Being she was born in the USA this must be done through the consulate representing the state where she was born.   Once this has been completed your fiancee can apply for a Philippine passport through a Philippine consulate near her in the USA.  

 

ONCE she receives her Philippine passport ALL those ECC fees (overstay) fees should be negated.   She would be a dual citizen.   

 

Citizens of the Philippines can not OVERSTAY    

 

How was she able to exit the Philippines without an ECC certificate (requiring payment those fees) ?   All foreigners are required to have an ECC (Exit Clearance Certificate) if they have stayed in the Philippines 6 months or more.

Edited May 13, 2020 by Hank_

[Leruj 2]

2 minutes ago, Hank_ said:

USCIS nor the embassy care about your fiancee overstaying in the Philippines.   I don't believe that CFO would check into that either ..      I don't see this "blacklisting" being an issue.

 

 

Now for your Fiancee "issues".   Did your fiancee's mother report her daughter's birth to the Philippines?  Being she was born in the USA this must be done through the consulate representing the state where she was born.   Once this has been completed your fiancee can apply for a Philippine passport through a Philippine consulate near her in the USA.  

 

ONCE she receives her Philippine passport ALL those ECC fees (overstay) fees should be negated.   She would be a dual citizen.   

 

Citizens of the Philippines can not OVERSTAY    

 

How was she able to exit the Philippines without an ECC certificate (requiring payment those fees) ?   All foreigners are required to have an ECC (Exit Clearance Certificate) if they have stayed in the Philippines 6 months or more.

Hi there! Thanks for the input.

 

That's really nice to hear. We have been missing alot of time together, so my K1 not having issues will provide us with the positive feeling going through the application.

 

Okay, so as far as she told me, she was born in the US, her mother brought her and just left her here in the PH. Basically she's just a US Citizen.

 

Here's a copy of the document she has regarding the matter.

[Hank_ 9,174]

2 minutes ago, Leruj said:

Hi there! Thanks for the input.

 

That's really nice to hear. We have been missing alot of time together, so my K1 not having issues will provide us with the positive feeling going through the application.

 

Okay, so as far as she told me, she was born in the US, her mother brought her and just left her here in the PH. Basically she's just a US Citizen.

 

Here's a copy of the document she has regarding the matter.

 

  

Yes, and it was nice of them to defer the fees and allowed her to exit.   If your fiancee has no desire to return to the Philippines then all of that doesn't matter much.

 

All of that would disappear IF she gets her birth certificate reported (establish her dual citizen status)  and then acquires her Philippine passport.   

 

^^ This may be a little bit of a jumbled mess, but if she ever wants to travel to the Philippines again, completing the above will correct everything^^

 

 

~

 

Now for the next question.  

 

If she exited the Philippines in 2015, when was the last time you two met IN PERSON?    One of the main requirements for filing the I-129F is HAVING MET IN PERSON WITHIN 2 YEARS OF FILING THE I-129F PETITION.   

 

2nd requirement is you both be free to marry at the time of filing.

[Leruj 2]

5 minutes ago, Hank_ said:

  

Yes, and it was nice of them to defer the fees and allowed her to exit.   If your fiancee has no desire to return to the Philippines then all of that doesn't matter much.

 

All of that would disappear IF she gets her birth certificate reported (establish her dual citizen status)  and then acquires her Philippine passport.   

 

^^ This may be a little bit of a jumbled mess, but if she ever wants to travel to the Philippines again, completing the above will correct everything^^

 

 

~

 

Now for the next question.  

 

If she exited the Philippines in 2015, when was the last time you two met IN PERSON?    One of the main requirements for filing the I-129F is HAVING MET IN PERSON WITHIN 2 YEARS OF FILING THE I-129F PETITION.   

 

2nd requirement is you both be free to marry at the time of filing.

Now she's asking, wouldn't her being a dual citizen affect her K1 application to get me?

 

We plan to meet sometime next year. It was supposed to be this year, but due to the pandemic, we moved our vacation. She plans to file the application 6 months after our vacation takes place.

 

Yes, we are both free, and I have already proposed to her and we are now engaged. 

[Hank_ 9,174]

6 minutes ago, Leruj said:

Now she's asking, wouldn't her being a dual citizen affect her K1 application to get me?

 

We plan to meet sometime next year. It was supposed to be this year, but due to the pandemic, we moved our vacation. She plans to file the application 6 months after our vacation takes place.

 

Yes, we are both free, and I have already proposed to her and we are now engaged. 

 

Being a dual citizen would NOT affect the K-1 visa.     Main requirement of the petitioner to submit the I-129F, K-1 petition is being a USC which she is and still would be.    (FYI .. she has been a dual citizen since birth     her mother failing to get the birth reported to the Philippines is the only issue )

 

https://philippineembassy-usa.org/report-of-birth/

 

You have everything plans  very well!    

Edited May 13, 2020 by Hank_

[Leruj 2]

4 minutes ago, Hank_ said:

 

Being a dual citizen would NOT affect the K-1 visa.     Main requirement of the petitioner to submit the I-129F, K-1 petition is being a USC which she is and still would be.    (FYI .. she has been a dual citizen since birth     her mother failing to get the birth reported to the Philippines is the only issue )

 

https://philippineembassy-usa.org/report-of-birth/

 

You have everything plans  very well!    

So long story short, she'll just report the incident to the PH Embassy in the US of the incident wherein she was born in the US but left in the PH (and that's the birth report) and she'll become a dual citizen? 

 

Thank you so much for your input sir. She just wants it to go as smooth as possible and without hiccups. 

 

Do you mind if I ask if you have any idea how long the birth report might take and if there are any fees to be paid? 

[Hank_ 9,174]

2 minutes ago, Leruj said:

So long story short, she'll just report the incident to the PH Embassy in the US of the incident wherein she was born in the US but left in the PH (and that's the birth report) and she'll become a dual citizen? 

 

Thank you so much for your input sir. She just wants it to go as smooth as possible and without hiccups. 

 

Do you mind if I ask if you have any idea how long the birth report might take and if there are any fees to be paid? 

Actually her mother would report the birth, and the consulate will require a letter explaining the delay (could be as simple as not being aware of the need to report the birth).    Your fiancee could get everything completed for her mother, but her mother would be required to sign the documents (and notarized).

 

I gave you a like to what the ROB process, costs are listed there.   

[Leruj 2]

3 minutes ago, Hank_ said:

Actually her mother would report the birth, and the consulate will require a letter explaining the delay (could be as simple as not being aware of the need to report the birth).    Your fiancee could get everything completed for her mother, but her mother would be required to sign the documents (and notarized).

 

I gave you a like to what the ROB process, costs are listed there.   

Oh I see. Thanks, I'll check it right away. 

 

Thanks for the info, the help was priceless.

 

I'll post another topic regarding this and the issues and other processes we chose, for others with similar case as us, to use as reference. 

 

Thank you so much Hank_!

[Cyberfx1024 7,980]

3 hours ago, Leruj said:

Hi all! 

 

I would like to know your inputs on the matter. 

 

Flashback: My fiancee was brought here in the PH by her mother when she was a baby (her mother was a Filipina). 

 

Ever since she was a kid she lived here in the PH, until year 2015 she was sent a notice about her overstaying, and apparently no one paid her taxes. She incurred at least $ 6,000 of charges. 

 

She went back to the US, and for now still hasn't paid the deferred charge. 

 

We plan to apply for a K1 visa so I can come over the US to complete our family.

 

Question: Does her name being in the blacklist of PH Immigration affect our application for my K1?

 

Thanks, and stay safe!

As I commented on your Reddit post. No, it will not affect your US immigration journey because your spouse is blacklisted. 

[Leruj 2]

On 5/13/2020 at 10:24 PM, Hank_ said:

 

Being a dual citizen would NOT affect the K-1 visa.     Main requirement of the petitioner to submit the I-129F, K-1 petition is being a USC which she is and still would be.    (FYI .. she has been a dual citizen since birth     her mother failing to get the birth reported to the Philippines is the only issue )

 

https://philippineembassy-usa.org/report-of-birth/

 

You have everything plans  very well!    

Another question, I forgot to tell that she was an illegitimate child (her mother and father were married separately when she was born) and now she can't contact her father. 

 

So does that mean she has to apply for the AUSF right? But how do we get past wherein they require a copy of both parents' passport as well the document stating that both parents were Filipino's at the time of birth? 

[Hank_ 9,174]

27 minutes ago, Leruj said:

Another question, I forgot to tell that she was an illegitimate child (her mother and father were married separately when she was born) and now she can't contact her father. 

 

So does that mean she has to apply for the AUSF right? But how do we get past wherein they require a copy of both parents' passport as well the document stating that both parents were Filipino's at the time of birth? 

 

Being the father isn't in the picture and can't be reach ..  it would be logical to put UNKNOWN for father.   Only one parent is required to be Filipino at the time of the child's birth, so all is still good.

[Leruj 2]

3 minutes ago, Hank_ said:

 

Being the father isn't in the picture and can't be reach ..  it would be logical to put UNKNOWN for father.   Only one parent is required to be Filipino at the time of the child's birth, so all is still good.

Another question, sorry if I'm taking up too much of your time. 

 

I haven't travelled a single bit (I'm a workaholic) outside the PH. 

 

What do you think are my chances to visit the US if I apply for let's say, a tourist visa? Or would there be any different approach to this?  I was just wondering because it would be better to go and visit her there instead so we can get pictures with our friends as well, for the witness statements, since she can't go back here as of the moment. We would like to explore our options and see what you recommend and what we can work with. 

[Hank_ 9,174]

3 minutes ago, Leruj said:

Another question, sorry if I'm taking up too much of your time. 

 

I haven't travelled a single bit (I'm a workaholic) outside the PH. 

 

What do you think are my chances to visit the US if I apply for let's say, a tourist visa? Or would there be any different approach to this?  I was just wondering because it would be better to go and visit her there instead so we can get pictures with our friends as well, for the witness statements, since she can't go back here as of the moment. We would like to explore our options and see what you recommend and what we can work with. 

Between slim and none.    Very difficult to get a tourist visa to the USA.   

 

You could meet in HK or SG .. both easy for you to travel to.

[Leruj 2]

1 minute ago, Hank_ said:

Between slim and none.    Very difficult to get a tourist visa to the USA.   

 

You could meet in HK or SG .. both easy for you to travel to.

Thanks, was thinking SG. 

 

But what I'm really concerned is the witness statements, which, we'll have no problem getting. The only issue is where we can't provide a picture wherein we are with the witnesses because they are either in the US, which is hard for me to go to, and here in the PH, where she's currently blacklisted 😅