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About KC813

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  1. Citizenship or Not

    This is true. The actual phrase in that section of the US naturalization oath is: "... hereby declare on oath, that I absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty, of whom or which I have heretofore been a subject or citizen;..." If a Filipino becomes a naturalized US Citizen, then wants to retain or reacquire their Ph citizenship, they then have to take this oath: "I _____________________, solemnly swear (or affirm) that I will support and defend the Constitution of the Republic of the Philippines and obey the laws and legal orders promulgated by the duly constituted authorities of the Philippines; and I hereby declare that I recognize and accept the supreme authority of the Philippines and will maintain true faith and allegiance thereto; and that I imposed this obligation upon myself voluntarily without mental reservation or purpose of evasion." I've watched this process of reacquiring Ph citizenship many times, and I will admit the ethical implications of taking the second loyalty oath make me uneasy. But, it's not me saying it, and different people have different personal standards. I may not be fully understanding your statement, but it is really hard to lose US citizenship just by taking up citizenship in another country. Renouncing US citz is almost never required. The basic rule is that you are a citz of any country that says you are their citizen. About 1/2 of the world's countries say you lose citizenship if you take up citizenship in a different country. The US is in the other half-- you do not lose your US citizenship. Just like how you are required to renounce all other allegiances when you become a US citizen, it is that 'other' country's law that decides if you are still their citizen! So, any US Citizens, by birth or by naturalization, who take a citizenship oath in a different country that requires them to declare allegiance to that foreign country, rarely is this considered an "expatriating act" causing them to lose US citizenship. The difficulty on renouncing US citizenship has let to some historically interesting stories. The Warren Report detailed all of Lee Harvey Oswald's unsuccessful attempts to end his US citizenship. Others who could never get it legally right included chess champion Bobby Fischer, Grace Poe and Perfecto Yasay Jr.!
  2. Citizenship or Not

    Both the US and Philippines recognize dual (even multiple) citizenships. Since 2003, if a Filipino becomes a naturalized US Citizen, they can retain their filipino citizenship by applying with the Ph consul with jurisdiction over where they live. Since your profile says Washington, here is the link to the DC embassy’s page on retaining Ph citizenship. http://www.philippinesusa.info/philippines-dc/consular-services-dc/faq-dc/#dual Retaining her Ph citizenship has absolutely no effect on her US citizenship.
  3. Brings to mind a wise line from The King and I: "In foreign country is best you like everyone until you leave."
  4. The later report that raised the death toll to 9 said two of the three taken to the hospital later died. But then even more recent stories just say seven, so how knows! I have mutual friends in Chicago with two of the victims. Several came from the same hospital so they are in a bit of turmoil now. A little more detail is in this report: http://www.philstar.com/cebu-news/2018/01/22/1780236/two-more-die-alegria-crash Updated January 22, 2018 - 12:00am CEBU, Philippines — Two of the three balikbayans who were victims of the accident in Alegria, Cebu last Saturday died in the hospital bringing the total fatalities to nine. PO2 Eric Bongbong of Alegria police, however, said they have yet to identify who among three victims — Leonora Tsai, Alfred Tsai, and Elinita Rubio, passed away yesterday. The three were among the 10 passengers of a Grandia van that hit a mahogany tree in Barangay Legaspi, Alegria, Cebu Saturday noon. The seven other passengers were declared dead on arrival by the attending physician in the hospital. They are identified by the police as Aurora Gagni, Joseph Huang, Juvella Huang, Nunilo Rubio, Rey Pascual, Diana Pascual, and Bernes Roxas. Bongbong said that the family of Roxas already contacted them and expressed their intention to file a case against the driver, Gilbert Dela Cruz, 44, Argao, Cebu. The victims are US-Filipino medical practitioners who were having a brief vacation in Cebu. They were supposed to fly to Camiguin to hold a medical mission today. Dela Cruz, who also owns the van, admitted to the police that he fell asleep while driving and was just awakened when he hit the mahogany tree. "Niangkon man ni siya nga four days straight ni siya walay tulog. Na black-out gyod daw ni siya ato nga higayona," said Bongbong. (He admitted he did not have enough sleep for the straight four days. He had a mental blackout seconds before the accident.) The victims hired the van with Dela Cruz as the driver so they can have a tour in southern Cebu South. They were from Oslob town and on their way to Kawasan Falls in Badian when the met the accident
  5. Happened early Sunday morning, but I did not see this until now. Motive unknown. BACLAYON, Bohol — Unknown assailants shot dead a retired American soldier while he was jogging in Baclayon town, Bohol early Sunday morning Lonnie Simon Weig, 63, had two gunshot wounds in the head and another in the abdomen, according to Senior Insp. Raymond Halasan, chief of Baclayon Municipal Police Station. Weig was a retired United States Army soldier from South Dakota who opted to live in Purok 3 in Barangay Laya in Baclayon town. He had been living there for four years. He was married to a Filipino wife, Rose, with whom he had three children. Halasan said Weig went out for his morning jog past 5 a.m. on Sunday at Purok 7 in Barangay (Upper) Laya when shot. Halasan said it was not clear if the perpetrators rode a motorcycle. The crime scene, a rough road surrounded with trees, was at least 500 meters from the Weig’s house. He was probably shot at close range since neighbors didn’t hear the gunshot, according to Halasan. A neighbor, who asked not to be named, said that she heard motorcycles traversing in the place at dawn which was unusual on that time of the day. The motive of the weekend killing was still unknown. Police dispatch a tracker team to find the perpetrators. Halasan said Weig was described by his neighbor as a good man. The victim also had a good relationship with his family, he added. /atm http://newsinfo.inquirer.net/962349/retired-us-army-soldier-shot-dead-while-jogging-in-bohol
  6. No Terrorism Connection?

    Well, they're probably right if they think the public is generally stupid, so maybe they are also right about the driver's motive ()! But you, too, are right. It is wise to be a little skeptical of anyone's quick conclusions with limited disclosed facts, and this was a fast determination. I imagine we will soon here more of the story.
  7. Nursing Shortage Again In USA.

    You are right about there being a lot of special steps and requirements before an RN can come to the U.S. based on a job offer. Decades ago, an RN degree was an easy ticket for a temporary work visa to the US. RNs had their own category, H-1A, but that expired in 1995. H-1A was then replaced by a more restrictive category, and that expired in 2009. You mentioned H-1B temporary visas, but an H-1B for a nurse coming directly from the Ph is extremely rare. The short explanation is that for an H-1B, the job must require, not just prefer, at least a 4 year degree, and 49 states still license RNs with just a 2 year degree. while some advanced or specialty nursing positions require a bachelor’s or masters, very few RNs in the Ph meet the training requirements for those positions and those jobs are easier to fill from the available workforce. Nowadays 99.?% of Ph RNs immigrating to the US based on a nursing job come on immigrant petitions from the employer, not as temporary workers, but it still takes 2-3 years!
  8. Nursing Shortage Again In USA.

    Although there are some very slight variances in different U.S. jurisdictions, there are no legal restrictions on the type of facilities where Ph RNs can work. There is sometimes a problem that the Ph-educated RN did not receive the specific training and certifications required for some positions, which will require additional training obtained in the US. Despite all the sign-on bonuses and paid schooling and scholarships, the US cannot graduate enough nurses to meet its needs. The need for RNs in nursing homes is especially high, mainly because that is not where most US RNs want to work! Still, many acute care hospitals will bring in Ph RNs, but they often require extensive orientation because of the differences between the Philippine and U.S. healthcare procedures and systems.
  9. Good information if considering filing a petition for a Ph spouse to get a US green card. Let me add that the 2-year "conditional" permanent resident status you discuss only applies to fiances and to spouses who have been married less than two years on the day they become US residents. So for those of us already married over two years, the spouse does not have to file two years later!
  10. Wow. Fighting with poorly trained & inexperienced airline staff over visa requirements is part of the fun of international travel, but when you lose the fight, it is devastating. Who did you book with to finally get her on her way? I think all airlines use a service called Timatic as the source of entry and transit information, but it takes some experience/education to read and use it properly. I butted heads with PAL and Delta when China began their transit without visa rules. Both times I had a printout from Timatic to show them; Delta just had to study the rule a bit (because it is written in stinted language), but for the PAL staff, it was as if I gave them the schematics for the Large Hadron Collider. PAL, after a 30 minute committee meeting, gave up and let me board. I imagine CebuPac would be as difficult. A printout of Kuwait transfer information from Timatic is the best proof CP screwed up. I don't have a source any longer for direct Timatic printouts. I did a search and see that you can still access Timatic data on the internet, but all I found were sites that give "user friendly" responses, but not the actual wording of the rules that airlines see and use. Maybe someone has a friend at an airline that can get direct access?
  11. Helping out a deceased American friend. Advise needed!

    I’ll chip in my two-centavos worth. It’s good of you to try and help out in your friend’s situation. Many forummers have hit on some of the specific requirements, so let me just put them all in one message to show the scope of the evidence necessary. The actual process of applying is a different issue. First, had they been married, this would be simple. But for a child born of an unmarried male USC out of the US, this gets very complicated, and will almost certainly require the assistance of your friend’s family in the US. Here are the very basic requirements to meet to help this child prove US citizenship. Proof of father’s USC at time of birth. Maybe the mother has a copy of his US birth certificate or his passport identity page. Otherwise, will need to get from the US family. Biological issue. Proving this may not be the biggest problem. DNA evidence is not a beginning requirement and is often not requested. The birth certificate is the starting point; fathers name on BC, timely registered, no amendments. Next add evidence of a continual relationship (the friends’ statements and other evidence), plus proof that the USCitz was in the Ph (passport stamps) and in a relationship with the mother at the time the child was conceived. Substantial evidence like this may be sufficient. If there are still doubts, DNA may be requested, but it need not have to be from the deceased. Combined with the other evidence, any relationship match between the child and your friend’s other relatives could be sufficient. Again, the US family would have to assist. USCitz friend’s Physical presence in US for five years prior to birth, two of those years after the age of 14. While it takes very little evidence to prove presence (i.e. employment, school, tax, military records), gathering a few of these documents may require the assistance of the US family. Here is the problem. You need to meet one of these three: 1. A written acknowledgement of paternity, signed under oath. 2. Legitimation of the child under the laws where the child has resided. I’m no PH lawyer, but as far as I know, PH law only allows legitimation where a marriage was involved or when a child was conceived thru artificial insemination. OR 3. Paternity established by competent court. I have no idea how this is done there, or if the US Embassy would accept a Ph court paternity decision. “Competent” is not a word used often to describe these courts. Well, there it is. A tough job, but if the requirements can be satisfied, citizenship is possible.
  12. Who are your friends?

    This forum continues to amaze me with the thought provoking questions and the frequent diverse and heartfelt answers. I have hundreds of filipino acquaintances from all walks of life, both in the PI and US, but none I would ever label as more than a casual friend. Substantive or even ‘thoughtful’ conversations seem impossible. A long-term expat I once asked about this said it is because we have nothing in common to discuss beyond banalities. Perhaps he was right, but I wonder.. Anyway, I didn’t really need to read this thread to learn that for many of you, your common living situations and honest communications have transformed the members of THIS FORUM in to your extended family.
  13. You raise a good point about disputed land owned by multiple heirs. Often the heirs cannot agree on disposition, or, I think even more common, the family in the house sell the property without telling the missing/overseas siblings! Several times I have been brought into consultations between the families and their lawyers when property is to be sold without proper notification and consent of all of the heirs. Each time the lawyer advises to don’t tell the hier, just sell it, and if the omitted brother/sister shows up later, deal with it then. Pretty shoddy legal advice by my western standards, but pretty much on par with all of the legal encounters I’ve seen here. The dysfunctional Philippine legal system is the underlying cause of many the problems in the country, but that’s best for a different thread!
  14. The Fiance form is easy enough to do on your own (despite now being 13 pages long!) but it never hurts to first talk to a lawyer to explain not only the process, but the true legal requirements that apply to your specific situation. A good question might be if, since you are already in the PH, whether it is better to just get married there and do a spouse petition. It takes a couple of months longer, but saves some money. In your case, it sounds as if you are going to have to come up with a plan to deal with the later affidavit of support. Living as an expat with irregular foreign income, as many do, can create a few hurdles to jump. Here’s the basic issues some people must face in such a situation. With a few exceptions, the petitioner MUST always file an affidavit of support, no matter what their income. If the petitioner does not meet the financial requirements, they can have someone else in the US file a 2nd affidavit, but the petitioner must still file a complete affidavit. The petitioner must list on their affidavit his gross income for the last three years as shown on the US tax returns, or provide a written reason why they were not required to file a tax return. ‘Ay, there’s the rub’ for some expats who failed to file their taxes, or if they did file, didn’t claim the self-employment income and pay ss taxes. There’s one other glitch with expats and Affidavits of Support. The affidavit is a binding contract between the signer and the US government. In order for a US court to have jurisdiction to enforce the contract, the signer must be ‘domiciled’ in the United States. This is normally only a problem with a spouse visa, sometimes causing the US citizen to return to the US first to establish ‘domicile’. However, often it is enough to just show that you have a place in the US to stay, opened a bank account and have a job offer. I think I may have rambled, veered off topic, and definitely put myself at risk of banishment for being boring.
  15. An affidavit of support is no longer required for a Fiance visa, but the consul does need some indication that you have sufficient income or assets to support your fiance. The affidavit of support based on certain poverty calculations you mentioned is filed when your lady applies to become a permanent resident. For a household of just two, you have to meet 125% of the 2017 poverty level, or US$20,300 for all states except Alaska and Hawaii). Also, the US$23,000 refers to "current income". If you are just using assets, the minimum would be $69,000. They make this way more complicated then need be.