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GENERAL GUIDE QUESTIONS - FIANCEE VISA


GENERAL GUIDE QUESTIONS - FIANCEE VISA

THESE ARE GUIDE QUESTIONS FOR YOU TO PREPARE FOR YOUR UPCOMING SPOUSE VISA INTERVIEW. SELECT THOSE QUESTIONS THAT MAY APPLY TO YOU. SPECIFIC LEGAL CONCERNS WILL BE DISCUSSED WITH YOU BY YOUR ATTORNEY DURING YOUR INTERVIEW COACHING SESSION (e.g. financial capacity issues, criminal history, medical concerns, etc.)

About the Petitioner
1. Complete name. Other names used? Please check USCIS forms to confirm. 
2. Name of Parents? Siblings? Children? Take note of birthdates, residences, ages. 
3. Describe your relationship with your fiancee /fiance’s family? 
4. How old is your fiancée/fiancé? When is his/her birthdate? 5. Does your age/generation gap affect your relationship? Why or why not?

About the Relationship
6. How did you meet? 
7. How many times did your fiancé/fiancée visit you? 
8. Where did you go? 
9. Did you have companions during your trips? 
10.What was the most memorable experience you have during your fiancée/fiancé’s visit? 
11.Give one reason why you love your fiancée/fiancé? 
12.Give one thing that you don’t like about your fiancé/fiancée? 
13.Give one specific thing that your fiancée/fiancée do that made you decide that he/she is the one? 
14.How frequent do you talk? In what manner? 
15.How do you call your fiancée/fiancé (e.g. love, cupcake, cheesecake, etc.)? 16.If you have children, describe the relationship of your children and your fiancee/fiancé (e.g. how frequent do they talk)? 

About the Marriage Proposal 
1. How did your fiancée/fiancé propose? 
2. Where did your fiancée/fiancé propose? 
3. Who were present during this event? 
4. Did your fiancée/fiancé give you a ring or any engagement gift?

Wedding Plans 
1. When do you intend to come to America? Check your DS-160 answer. 
2. Is your child, if any, coming with you? 
3. When do you plan to marry (e.g. church, civil, garden, etc.)? 
4. Who planned the event? 
5. Who will be your special guests?

Previous Marriages 
1. Does your fiancée/fiancée have previous marriages? 
2. How did those marriages end (e.g. divorce, annulment, death, etc.)? 
3. What is the reason of their divorce/annulment, if any? Read the court order.
4. Do you have previous marriages? 
5. How those marriages end? 
6. What is the reason of your annulment/divorce? 

Future Plans as Husband and Wife 
1. What are your plans in the future (e.g. buy a house, having kids, travel, etc.)? 
2. Do you plan to work in the US (note: only after issuance of ss# and work permit)? 
3. Where do you intend to live in the US?

Finances 
1. How much does your fiancée/fiancé earn? Check latest income tax or earning statements 
2. Where does he/she work? Know employer’s name, address, job title. 
3. Employment history of your fiancée/fiancé? Check G-35A or USCIS forms 
4. Do you have a co-sponsor? If yes, Know employer’s name, address, job title. Check form I-134. 
5. Who will pay for your trip? 
6. How much money does your fiancée/fiancé have in the bank? Check bank statement

Do you or your fiancée/fiancé have criminal records? 
1. Tell me more about your criminal history? 
2. Do you have certified or original copies of court orders?

Your Travels Abroad 
1. Have you work abroad for six months or more? If yes, do you have the required police certificates? Check DS-160 answers, Check G-325A and other USCIS Forms

Travels Abroad 
1. Have you been refused a US visa? 
2. Have you been refused entry to the US (e.g. airport to airport)?

NOTE: 
BE PREPARED TO BE ASKED ABOUT YOUR SEXUAL ACTIVITIES. WHEN THE OFFICER HAS DOUBTS WITH YOUR ANSWERS, HE/SHE MAY DECIDE TO PLACE YOU IN SEPARATES ROOMS AND ASKED THE SAME QUESTIONS.

More tips on the interview below……

1. Speak slow, and answer questions in detail. Stick to the question and don’t veer off the subject. Respond clear, and descriptive. Should not be longer than one minute to answer, but be sure to explain yourself.

2. If you do not know the answer to a question, do not lie. Say, "I don't know the answer to that at this time." or "I don't remember." 

3. The answer to many questions will be in the papers that were sent in the petitions. Questions like, "what are your FIANCE/FIANCEE's parent's names". They will expect you to know the information given in your petitions. Review everything in your paperwork with your husband before his interview, and do a mock interview to see how the information may be applied. 

4. Avoid saying "I think . . .". Women do this a lot. The examiner will expect you to know not be unsure, of your answers. Avoid adding "umm", "you know" and "ahh" type fillers to your speech. 

5. When applicable, don't just state, demonstrate. If the examiner asks a question that can be answered with a document or photograph(s), provide it along with your answer. 

For example, if the examiner asks, "What does your family think of your FIANCE/FIANCEE?", give them a picture or two with your answer; "They like her very much. Here is a picture of her with my mother at my home." 

Or, "How many attended your wedding?" Answer, "(give a number, then say) We have wedding photos of our guests having fun. Here are a few that I can show you."

6. Give American answers for dates and times MM/DD/YYYY. Example, say 12/24/07, not 24/12/07. 

7. Dress well, but not overdressed. 

8. Try to appear calm, well organized, and friendly. Nervousness raises suspicions. 

9. Remain focused. If the examiner makes jokes, smile and enjoy, but do not make jokes too. 

10. Make proper eye contact when conversing with the examiner, and try to control your own facial expressions assure that your face remains pleasant and cordial.

11. Be audible (means speak up) your examiner doesn't have to ask you to repeat your answers. 

12. Organize your papers in a way that will allow you to retrieve them easily and quickly. Examiners appreciate order and someone who doesn't waste their time. 

13. When the interview is over, always ask for the results. "What should I now tell my FIANCE/FIANCEE about my visa status after our interview?" Before you leave, have them explain any papers they give to you and/or any procedures they will be taking to complete your case. Try to get the examiner's name for future reference, if needed. Write it down. Remember to verify the phone number so they can contact you to pick up the VISA.!@! hurray@@!!! 

14. Arrive early to the consulate, but always be prepared to wait for a time past your scheduled interview appointment time. Be careful of thieves around the consulate if you have to carry cash. Bring ID; you cannot enter without it. 

CONFIDENCE IS THE KEY TO ANYTHING!




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Sharia Law Divorces in the Philippines: Will they pass US Immigration requirements?


US Immigration Basic Principle on marriages

“The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls” – 9 FAM 102.3.  This means, that marriages lawfully entered in the Philippines are deemed valid for US immigration purposes.

 

Termination of Marriages in the Philippines

Marriages under the Civil Code of the Philippines may only be terminated through:

  1. Annulment
  2. Declared Ab Initio or Declaration of Nullity of Marriage
  3. Death or Legal presumption of Death of a Spouse
  4. Recognition of foreign divorces, and
  5. To some extent, Sharia court divorces

It is widely known that, generally, legal termination of marriages in the Philippines is a lengthy and costly process. Some people resort to Sharia divorces hoping and believing that it is the solution to these concerns (e.g. cost and processing time).

The Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. The pertinent part of Art 13 of the MPL states:

(1)  The provisions of this Title shall apply to marriages and divorces

  1. Wherein both parties are Muslims or
  2. Wherein only the male party is a Muslim, the marriage is solemnized in accordance with the Muslim law or this Code (MPL)
  3. Solemnized in any part of the Philippines

(2)  In case of marriage between a Muslim and a non-Muslim, not solemnized in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply (refer to the first part of this section).

 

Sharia Divorces: Problem area in the Philippines

Here’s the two most common scenarios that you see in US spouse or fiancée visa petitions:

  1. Most of the applicant-beneficiaries, who availed of Sharia divorces, are female Muslims married to or being petitioned by non-Muslim US citizens
  2. Male Muslims married to non-Muslim spouses whose marriage is solemnized not in accordance with the Muslim law
  3. One or both parties convert to Muslim, after the non-Muslim marriage, then apply for divorce

If one’s case falls in any of the above-scenarios, then clearly, the MPL does not apply and the Civil Code of the Philippines governs. Meaning, the Sharia court divorce will not pass US Immigration requirements.

 

Does US Immigration law impose upon Philippine family laws?

No. As a matter of fact, the US immigration law re-enforces the law of the land, specifically the pertinent provisions of the Civil Code of the Philippines and the Code of Muslim Personal Laws of the Philippines.

 

CONCLUSION:

To some limited extent, Sharia divorces in the Philippines may pass US immigration for as long as the requirements of the Code of Muslim Personal Laws of the Philippines are observed. To reiterate – The pertinent part of Art 13 of the Code of Muslim Personal Laws of the Philippines (MPL) states that the MPL shall apply to marriages and divorces

  1. Wherein both parties are Muslims or
  2. Wherein only the male party is a Muslim, the marriage is solemnized in accordance with the Muslim law or this Code (MPL)
  3. Solemnized in any part of the Philippines

If the MPL requirements are not fully complied with, then only termination of marriages under the Civil Code of the Philippines will be recognized for US immigration purposes (e.g. annulment, being declared ab initio, death or presumption of death or recognition of foreign divorces).

Consult a seasoned Sharia divorce attorney in the Philippines to ensure compliance with the MPL Once this is cleared, talk to an experienced US immigration attorney to represent you on your spouse or fiancé visa petitions.

 

 

 

DISCLAIMER:

The above article is a mere opinion of the author and does not tantamount to a specific legal advice.

US Immigration Basic Principle on marriages

“The underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls” – 9 FAM 102.3.  This means, that marriages lawfully entered in the Philippines are deemed valid for US immigration purposes.

 

Termination of Marriages in the Philippines

Marriages under the Civil Code of the Philippines may only be terminated through:

  1. Annulment
  2. Declared Ab Initio or Declaration of Nullity of Marriage
  3. Death or Legal presumption of Death of a Spouse
  4. Recognition of foreign divorces, and
  5. To some extent, Sharia court divorces

It is widely known that, generally, legal termination of marriages in the Philippines is a lengthy and costly process. Some people resort to Sharia divorces hoping and believing that it is the solution to these concerns (e.g. cost and processing time).

The Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. The pertinent part of Art 13 of the MPL states:

(1)  The provisions of this Title shall apply to marriages and divorces

  1. Wherein both parties are Muslims or
  2. Wherein only the male party is a Muslim, the marriage is solemnized in accordance with the Muslim law or this Code (MPL)
  3. Solemnized in any part of the Philippines

(2)  In case of marriage between a Muslim and a non-Muslim, not solemnized in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply (refer to the first part of this section).

 

Sharia Divorces: Problem area in the Philippines

Here’s the two most common scenarios that you see in US spouse or fiancée visa petitions:

  1. Most of the applicant-beneficiaries, who availed of Sharia divorces, are female Muslims married to or being petitioned by non-Muslim US citizens
  2. Male Muslims married to non-Muslim spouses whose marriage is solemnized not in accordance with the Muslim law
  3. One or both parties convert to Muslim, after the non-Muslim marriage, then apply for divorce

If one’s case falls in any of the above-scenarios, then clearly, the MPL does not apply and the Civil Code of the Philippines governs. Meaning, the Sharia court divorce will not pass US Immigration requirements.

 

Does US Immigration law impose upon Philippine family laws?

No. As a matter of fact, the US immigration law re-enforces the law of the land, specifically the pertinent provisions of the Civil Code of the Philippines and the Code of Muslim Personal Laws of the Philippines.

 

CONCLUSION:

To some limited extent, Sharia divorces in the Philippines may pass US immigration for as long as the requirements of the Code of Muslim Personal Laws of the Philippines are observed. To reiterate – The pertinent part of Art 13 of the Code of Muslim Personal Laws of the Philippines (MPL) states that the MPL shall apply to marriages and divorces

  1. Wherein both parties are Muslims or
  2. Wherein only the male party is a Muslim, the marriage is solemnized in accordance with the Muslim law or this Code (MPL)
  3. Solemnized in any part of the Philippines

If the MPL requirements are not fully complied with, then only termination of marriages under the Civil Code of the Philippines will be recognized for US immigration purposes (e.g. annulment, being declared ab initio, death or presumption of death or recognition of foreign divorces).

Consult a seasoned Sharia divorce attorney in the Philippines to ensure compliance with the MPL Once this is cleared, talk to an experienced US immigration attorney to represent you on your spouse or fiancé visa petitions.

 

 

 

DISCLAIMER:

The above article is a mere opinion of the author and does not tantamount to a specific legal advice.


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