⌛ want to bring her home

I was just saying what the immigragion officer told me last week, so you can take it for what its worth, but she definatly told me if my wife spends more time in the phils than here she will lose her visa, i specificaly asked that question cause i plan on moving their. just trying to pass on the info straight from the immigration officer.

 

You can apply if your assets are good enough. Basically they want t see 3 years worth of their guideline in liquid assets. For instance now the guideline for two people is roughly $18,500 per year, but if one has $60,000 in liquid assets (bank accounts, stacks, bonds) they will allow it. Also, if one owns a house and has some assets, they will often let one slide if they have some income, but not the full guidelines. For instance if one owns a home and has some cash in the bank and an income of $10,000/year, they will generally allow it.

Photos have always been top on their list to establish relationship. They have stiffened up a little though it seems, now asking for wedding photos is the first thing they ask for. A friend/client and member of this forum recently went through the DCF process. They had married several years ago in a judges chambers, so had almost nothing to show them in the way of wedding pics. Still they passed, receiving their IR1 visa in exactly 3.5 months, start to finish.

Larry

 

Yes, I am aware of how info gets altered according to individual feelings in offices, but I am also aware of how it works in practice. The immigration officers at POE have a lot of latitude to make decisions, but are generally pretty lenient. They will sometimes ask questions pertaining to one's life, to try to determine whether or not one has "abandoned" their status or not, but as long as one can appease them with good answers, they generally will let you pass.

From the USCIS website;


"Abandoning Permanent Resident Status


You may be found to have abandoned your permanent resident status if you:

* Move to another country intending to live there permanently
* Remain outside of the United States for more than 1 year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned, any length of absence from the United States may be considered, even if less than 1 year
* Remain outside of the United States for more than 2 years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the United States may be considered, even if less than 1 year
* Fail to file income tax returns while living outside of the United States for any period
* Declare yourself a “nonimmigrant” on your tax returns."

To the best of my knowledge, there is not and has never been any referral to "being out of the country more than in" on any official ruling. Often office workers are horrible about giving false or altered info. Try asking John Domingo in Cebu Consulate about visa matters. You will get more incorrect answers than correct ones!

One thing they ask a lot of them at the POE is about their home in the US, whether they have a job, file tax returns, etc., and why there length of stay out of country was so long.

Larry

 

I really hope its that easy larry, cause i plan on moving their in a couple years and i would'nt be very happy if my wife loses her green card, cause i would still travel back here to the states to visit. sounds like you have a pretty good grasp of this whole thing. I must say i felt like i was in a interrogation last week by that immigration officer, we didnt think we were going to get grilled the way we did but all in all my wife got her green card.take care larry talk to you later. mario

 

Well, another way to look at it mario, is, even if they do ever take her green card away for being in the Philippines too long, from that point on a tourist visa is nearly a slam dunk, as she has obviously already proven she will return to the Phils!

Larry

 

One other point, you say you want to move here in a "couple years". She can apply for citizenship 2 years and 9 months after she receives her first green card. This is "accumulative time", meaning if she is out of the country for a few months she doesn't have to start over, she will just not be credited for the time out of country.

Larry

 

yah thats what the immigration officer said but i forgot to ask her if my wife gets duel citezenship, do you know that question larry. thanks in advance.mario

 

Yes, after acquiring US citizenship she can then turn right around and re-acquire Philippine citizenship under RA 9225;

R.A. 9225

The cost to do it at Cali consul is $50, and it takes just a few hours.

She then would have dual citizenship and enjoy all rights of both, unless she thinks she wants to be pres!



When you going to visit again?

Larry

 

Well, if I understand correctly, she would not enjoy all the rights of both...

Here is a clip from an article on the case filed against Edu Manzano (the actor and recent VP candidate, born a US Citizen of Filipino parents who also served in the US Air Force). His Filipino citizenship was challenged in 1998 when he ran for Vice Mayor of Makati:

"The COMELEC en banc held that Manzano acquired US citizenship by operation of the United States Constitution and laws under the principle of jus soli. He was issued an alien certificate of registration. This, however, did not result in the loss of his Philippine citizenship since he did not take an oath of allegiance to the United States. It is an undisputed fact that when Manzano attained the age of majority, he registered himself as a voter, and voted in the elections of 1992, 1995 and 1998, which effectively renounced his US citizenship under American law. As such, Eduardo B. Manzano was qualified to run for the position of vice mayor of Makati."

Full Text found here: Dual Citizenship v

Sounds to me, if she were to re-obtain her Philippine citizenship, then votes here, she jeopardizes her US Citizenship... Not that this is closely enforced, but just interesting to note.

However, I suspect there are a number of Filipino politicians who hold office here and continue to maintain their US Citizenship. The same link has a summary of the case filed against Lito Osmena attempting to disqualify him to run for Governor of Cebu on the basis of his US Citizenship...does not mention that his US Citizenship was effectively or actually renounced. I suspect it has never been actually renounced in either case.

 

In 1998 the Philippines did not recognize dual citizenship. Until 2003 when RA 9225 took effect, one would either be Filipino or American.

One does not lose US citizenship simply by taking an oath to another country, or voting in another country, or even entering the military of another country. One must have the INTENTION of relinquishing his citizenship. Taking an oath to another country (or voting) does not connote intention to denounce. In fact it is very difficult to lose US citizenship.

From the Department of State website;

"POTENTIALLY EXPATRIATING ACTS

Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
4. accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
7. conviction for an act of treason (Sec. 349 (a) (7) INA).

ADMINISTRATIVE STANDARD OF EVIDENCE

As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.

Source;

Advice about Possible Loss of U.S. Citizenship and Dual Nationality

I submit that US law pertaining to the loss of US citizenship trumps any interpretation of how COMELEC assumes it may be, or wants it to be.

However, there are restrictions on what public offices may be held by those who are citizens of other countries.

Larry

I stand corrected on one issue, the fact that one could in fact have dual citizenship under the circumstances presented under the 1987 costitution. However, take note of this;

"The petitioner’s argument does not hold water, as the court held that by filing a certificate of candidacy when he ran for his present post, Manzano elected Philippine citizenship and in effect renounced his American citizenship. As what was stated earlier what the law prohibits is dual allegiance and not dual citizenship."

Although Manzano "elected Philippine citizenship and in effect renounced his American citizenship", only the Philippines honored that. Under US law his certificate of candidacy was not in and of itself adequate for him to lose citizenship. He must have INTENDED to lose citizenship by doing so.