Marriage Requirements (for Peter)

[Ray]

Peter,

Here’s what you need for a civil wedding in the Philippines:

Before you go, obtain the following documents:

1. Certified copies (2) of your birth certificate or Naturalization Certificate

2. Certified copies (2) of complete divorce judgements for any previous marriages

3. Download or obtain from INS: INS Forms I-130, G-325A (4), I-129F, I-134

4. Passport

5. Visa if you will stay over 21 days

What to bring:

1. Passport plus several photocopies

2. Proof of citizenship: Certified copy of your birth certificate plus several photocopies. If naturalized, get original plus several copies of Naturalization Certificate.

3. Certified copy plus 1 photocopy of complete divorce judgements for any previous marriages

4. 2 sets of Form G-325A (Biographic Information)

Arrive at least 2 weeks before the wedding date, 3 weeks if possible. After arrival, obtain ‘Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage’ from U.S. embassy, then apply for marriage license at the local civil registrar or a courthouse where you will be married. You will have to wait 10 days for the license, which could mean anywhere up to 2 weeks because some local jurisdictions only count workdays, so check ahead of time. If you absolutely have to get a waiver of the 10-day waiting period, your fiancée should talk to a judge at the local courthouse ahead of time to see if this can be legally arranged. You will probably be required to attend a pre-marriage seminar and possibly a population control class before you get the license.

Help your wife complete 2 sets (8 pages) of the G-325A and date and sign them with her original signature on each page. Obtain color ¾ frontal photos of your wife (4 copies) and yourself (2 copies), I recommend you use a Florofoto Store. Also, bring back an original certified copy of your marriage certificate.

If you haven’t read this yet, here’s some valuable info from the U.S. Consulate in Manila:

http://usembassy.state.gov/posts/rp1/wwwh3220.html

http://usembassy.state.gov/posts/rp1/wwwh3225.html

http://usembassy.state.gov/posts/rp1/wwwh3317.html

http://usembassy.state.gov/posts/rp1/wwwh3318.html

If you will be married in the church, there are going to be additional requirements. First, I need to ask a couple of questions. Is she Catholic? Will the wedding be in her home parish? Are you Catholic? Baptized Christian? Practicing? Would you consider converting to a Catholic?

Ray

[Peter Lee]

... in response to Marriage Requirements (for Peter), posted by Ray on Feb 17, 2003

Wow Ray your really good!!   T H A N K S

I got some of the information in bits and pieces but you have it all step by step and will help me a lot!

I would like to marry in a church with her family and a her in a white dress, with a modest fee.  Yes she is Catholic and the wedding will be in Mindanao in Lanao her home town.  I am not Catholic and have never been baptized.  I am not a practicing christan but as I told her family, I was born Lutheran.  I really don't care what religion i am on paper.   I don't mind Catholics coz of their srticknes in the marriage laws.  I think that is a plus for me. I was visiting her at her Aunt in Cebu every day and courted her at her home for about 18 days before I left.  I talked to her about a church wedding later when I chatted with her in Yahoo and on the phone.   Although she is a born Catholic I noticed a very laid back approach to religion in the family.   I am lucky your helping me and I have till June 15th [my next planned visit] to get it together.  I plan a July wedding and honey moon afterwards.  I will apply for a 60+ day visa.   When back in the US i plan to process the paper work for K3 by Sep 03.  I will look up the web sites you gave me and study some more.   Your equiping me with lots of ammo to get the job done.   Meanwhile, I am continueing to court her and get a better base on our relationship and as you guys said slowing it down and thinking with the big head.

[Esiang]

... in response to Re: Marriage Requirements (for Peter), posted by Peter Lee on Feb 17, 2003

I see your getting married in Lanao, enjoy a Filipino traditional wedding.

[Peter Lee]

... in response to Marriage Requirements (for Peter), posted by Ray on Feb 17, 2003

Wow Ray your really good!!   T H A N K S

I got some of the information in bits and pieces but you have it all step by step and will help me a lot!

I would like to marry in a church with her family and her in a white dress. [With a modest fee].  Yes she is Catholic and the wedding should be in Mindanao in Lanao her home town when I ask her.  I am not Catholic and have never been baptized.  I am not a practicing christen but as I told her family, I was born Lutheran.  I really don't care what religion I am on paper.   I’m not sure if is a plus for me that she is catholic. I was visiting her at her Aunt in Cebu every day and courted her at her home for about 18 days before I left.  I talked to her about a church wedding later when I chatted with her in Yahoo and on the phone.   Although she is a born Catholic I noticed a much laid back approach to religion in the family.  I hear her when she says it is not that important to her.   She knows I am not rich and doesn’t want me to spend a lot of money.   But I told her that years from now we will regret it coz it is suppose to be a once in a life time thing.   I am lucky you’re helping me and I have till June 15th [my next planned visit] to get it together.  I plan a July wedding and honey moon afterwards.  I will apply for a 60+ day visa.   When back in the US I plan to process the paper work by End of Aug 1st Sep 03 for K3.  I will look up the web sites you gave me and study some more.   You’re equipping me with lots of ammo to get the job done.   Meanwhile, I am continuing to court her and get a better base on our relationship and as you guys said slowing it down and thinking with the big head.  
I do have a bigger problem!  My personal income tax returns for the last 3 years which I read I need are about $7,000 per year.   I own my own business and try to show as little as possible.   I think I did a good job, too good I think.   But I get a retirement pay from the USAF for $1200 bucks per month.    I hope that would qualify my.   The only proof I have of the retirement pay is my bank statements.   So if they count that it will put my just above $20,000.    Now I just put a down payment on a house for $50,000 I know the equity can be counted, the question is it will also put me in $1000 per month debt.   What do I have to do to make this work?   I hear horror stories of guys married that can’t bring the wife coz they don’t qualify with their income.    I don’t really have a co sponsor except my Mom and she is retired, I don’t think that would help much.   Any input would be appreciated.

[Ray]

... in response to Re: Marriage Requirements (for Peter), posted by Peter Lee on Feb 17, 2003

Peter,

You guys should make the decision soon whether or not you want to marry in the church. It usually takes at least 3 months to plan everything without rushing it. Your fiancee should start by going to her parish church and getting a list of requirements for marriage. Some parishes will waive some of the requirements because you are coming from overseas. She should also talk to her parish priest and see what the local policy is regarding marriage to a non-Catholic. Some parishes/diocese have different policies, depending mostly on the local bishop. Some will insist that you be baptized Catholic first and some will only encourage it. If the bishop approves of the “mixed” marriage, she will have to promise to try to raise your children as Catholics and keep practicing her faith. The key here is advance planning to prevent those last-minute surprises. If her family isn’t very religious, then maybe she will be O.K. with a civil ceremony, but I would try to leave that decision up to her as much as possible. If the local church has a liberal policy on marriage to non-Catholics, then it would be a great experience to do the traditional Filipino wedding, or kasalan, in the church. I highly recommend it if at all possible!

What do you mean the only proof of your retired pay is your bank statements? Doesn’t the Air Force send you retired pay statements and 1099’s annually? Don’t you claim your retired pay on your tax returns??? As long as you exceed the cutoff income, you’re O.K. You can count assets toward annual income if necessary at a 20% rate. Social security won’t cut it for a co-sponsor’s income; it should be from regular employment. They will only count income as listed on your tax returns/payroll stubs when qualifying you. They don’t count your mortgage payment or any other expenditures. If worse comes to worse, you could always get a part-time job to bring up your income level.

Ray

[Peter Lee]

... in response to Re: Re: Marriage Requirements, posted by Ray on Feb 17, 2003

Hi Ray thanks again,

I will talk to her Wed night and rely your information on the church details.  She is already primed so it should be easy.  

No I get no statements from the USAF.   It is deposited into my savings account on the first of each month.  It is disability retired pay no tax is taken out and it does not appear in my individual tax return.   Part time job would be fine except they look at the last 3 years right?  I read that any corporate returns won't count either.  All my assets are in an irrevocable trust with my mom as the trustee.  Over half million in property value, two rental houses and my Karate school.   I don't think I can claim any of this.   I had to do this years ago coz my job was vulnerable to law suits.  Without proof of income for the last 3 years I think I am in hot water.   I might need professional help on this one.  I have to some how show the USAF disability retired pay as income along with the small personal income or I am cooked.   But I was far into the paperwork of fiancé visa and proof of meeting and all that and didn't think about the income details till now.

1999 shows personal taxable income           16,982
1999 USAF DISABILITY RETIRED PAY 12x $1095   13,140

2000 shows personal income                      305
2000 USAF DISABILITY RETIRED PAY  12x $1121  13,452

2001 shows personal taxable income            7,775
2001 USAF DISABILITY RETIRED PAY  12x $1160  13,920

The Peter Lee irrevocable trust has a federal ID number not my soc sec number but is shows the same as my personal income tax.

The bank statement for the retired account states
mth day $amount AUTOMATED CREDIT DFAS-CLEVLAND RET NET
                             CO.ID 304xxxxxxxxxxxxx PPD
                             MISC 061xxxxxx    [my SOS number]
I have these bank statements as far back as 1996

I think I hid my assets too good and I am in deep doo doo The year 2000 doesn’t get me in the grove   14,925 is my 125% poverty line for one of the 48 states
I wonder if I can not show them 2000 and show 2003 instead that 2000 really hurts me.
My only hope is that they will count my USAF disability retired pay as income
I am pretty sure that they won’t count any of the assets owned by the irrevocable trust.   I will have to consult legal advice on if it is possible for the trust to co-sign for me.   I doubt it but I will try.

OH WELL !   Looks like I’ll be single for longer than I thought

[Ray]

... in response to Re: Re: Re: Marriage Requirements, posted by Peter Lee on Feb 17, 2003

Now calm down Peter! :-)

First you need an I-134 with one year’s tax return to get her over here on a K-1 or K-3. You will then need to file the I-864 Affidavit of Support to keep her here.

You may have a problem with reported income, but before you get all excited, keep in mind that you don’t use taxable income, but “total unadjusted income” (1040 line 22) from your tax returns. For the I-864, you will likely be using tax years 2000, 2001, & 2002 and need to submit a copy of the COMPLETE return. CURRENT income or income from the MOST RECENT tax year (2002) will be the amount you use to calculate if you make enough to exceed the 125% figure.

You should contact DFAS Cleveland (1-800-321-1080) if you’re not receiving a statement. I get a Retiree Account Statement every year AND whenever there is a change to the payment amounts. You should be able to include your retired pay as income.

Do you have any other household members or dependents? Their income can possibly also be added to yours. If you need a joint sponsor, you can’t use a corporation. Joint sponsors must be individuals and citizens or permanent residents.

Assets can be used to make up the difference between your current income and the 125% level but assets must be available for support of you wife and can be readily converted to cash within 1 year. You can usually include stocks, bonds, savings, real estate, life insurance cash value, etc.

You should go to the INS Web site and download the I-134 & I-864 with all instructions and study them. You can start rounding up the support documents now but won’t need them for some time yet.

Ray