need help on this [Archive]

honeyb

05-09-2007, 05:26 AM

Hi i am a newbie here wud like to seek ur attention and a bit of advise. I am a filipino married to a filipino green card holder in San Francisco. He hasnt given support to our 5 year old son telling me that he doesnt have work but gets support from SSAdmnistration. He have my passport and ID's because he filed me as his dependent for IRS purposes using the W7 form.

Question:

(1) Id like to visit US and try my luck and seeking for a job and at the same time and see my husban who somewhat abandoned us already.
FOr info, I am presently working.

2) there's this friend of ours whos in the US whod like to help me get an employer so i can go there using the HB visa.

3.)Did my husband commit any fraudaulent acts against the US govenment?

Pls enlighten me. your utmost help is highly appreciated on this..
If there are experts who would like to help .. thank you.

More power..Honeyb

anniefromessex

05-09-2007, 06:34 AM

Hi Honeyb,

Sorry I cannot help with your plight, but I am sure there is somebody on here who can.

Welcome, and I hope things work out for you.

Love Anniexxxx

Munish

05-09-2007, 08:01 AM

:welcome: ooh dear Honeyb! Do hope someone here can provide you with some practical advice.

Has he atleast sponsored you for immigration as a family-based F2A petition or he is unwilling to do that?

If so what is your priority date, and where are you in the queue at the moment?

honeyb

05-09-2007, 09:14 AM

HI munich,

No plans of petitioning us. All he wanted is to go back to our country and spend his dollars to waste. That's why i thought of going to the US and start new life.( if that is possible) or even find a way so government of US will do something for people like him.

Munish

05-09-2007, 09:39 AM

Really sorry for you situation. As for your husband's actions I hope someone can be specific about your rights as this is something I know very little about. Are you in the USA of Phillipines?

Do you have any form of ID whatosover (birth certificate, etc.), in which case can you not get replacement passports and IDs?

honeyb

05-09-2007, 10:58 AM

i can replace my ID and file it lost. my son and i are still here in the Philippines. thanks

SHEILA 13

05-09-2007, 11:02 AM

Hi Honey,Welcome to the Site.
Sorry to read your Story.
Cant you go and see a Lawyer for advice ???
I think this would be the best solution in your case.
Good Luck for your Future.
Sheila

honeyb

05-09-2007, 11:07 AM

kirtida8

05-09-2007, 11:53 AM

Have you tried the US embassy in the Philippines and asked for their advice? They may at least be able to get your husband to pay child support as he is claiming you as a Dependant on his tax returns. I am sure that they will not look favorably on what is actually tax fraud as far as I can see as you are not living with him in the US. You have my utmost sympathy at your predicament - my sister was "married" to a US citizen who committed bigamy - and it has ruined her life. Good luck and screw the b*******d

peter gold

05-09-2007, 02:09 PM

If you are still married to a green card holder, then you are entitled to derivative green card status. Probably when he filed he included you in the application and your green card was sent to him, and he has kept them with your passport etc.
Your next problem is getting a passport to travel and id papers. When you have those then you need to trace his application for LPR status get the A No check he included you in the application then seek a replacement card.
I suggest a visit to the US Embassy/ Consul in the Phillipines before you travel.
Do not enter on a visa waiver program as that is an admission you have abandoned your status as an LPR
Final and probably most devestating problem is that you have clearly not travelled to the US within 12 months of the issue of lpr and that makes the status void.

byjove

05-09-2007, 05:32 PM

I do think dependent have to be living in the USA to "claim" on their behalf. But please do as suggested, Go to the US Embassy in phillipines. And good luck.

Susie

05-09-2007, 05:52 PM

wish i could Sheila, i tried already and they said that laws from the Philippines and USA is quiet different. ANd getting a lawyer will costs me that much. Thats why id like to know if going to the US with tourist visa can help me file a case besides, i think i have been filed as dependent of green card holder by husbadn already.

Thanks for taking ur time

Hi and :welcome:

I am so sorry to hear of your situation and scratching my head trying to think of what can be dome in your situation

You really do need legal advice and can contact www.cliniclegal.org they are a not for profit organization and you do not have to be Catholic for them to provide assistance.

As you state your husband is the one that can petition you to follow to join him in the USA and you need to establish if he has filed an I 824 for you. If so what is the receipt date and what is the priority date?

The main difficulty you will have is husband is saying he is not working and claiming benefits. One of the forms he will need to fill in if Your I 824 is approved is an affidavid of support, this is where you will have difficulties as unless his situation changes then your application will not be approved, or unless he can find another person to co agree to file an affidavid of support

I hate to suggest or ask, but does he really want you to be with him in the US or is all this a ploy to distance himself from you? Please do not answer this as all I am trying to do is make you think over your whole situation and maybe come to the conclusion you may need to find an alternative way to live in the USA

Should you decide to find an alternative way to live in the usa there are options that may be available to you depeding on your qualifications or financial well being .

Sharon

05-09-2007, 08:44 PM

Hello Honeyb

I am so sorry for you to be left out on a limb, not sure what you can do but if you have good qualifications you may wish to search for a job sponser and try www.monster.com . There must be loads of web sites to help people find a job and maybe others can share with us all

honeyb

05-10-2007, 05:43 AM

Hi and :welcome:

thank you so much Sue. After 8 long years it all appears to me that he doesnt want me to go to US probably because i fight back n i know my rights the only difference is the distance and the jurisdiction that the laws applies. My conclusion is that he doesnt want alimony n child support. doesnt want to have respobsibilities. My god !! hes almost 40 years old still on the pajamas of his old bitchy mom who never cares about the welfare of her grandson.

thats why i thought of 2 things here: either wait for a friend who will get me a working visa and the other one is to get a tourist visa and eventually from there look and see if i can get a job afterwards.

Pls let me know if u know of other ways to help me though
I appreciate your concern thank you.

I am so sorry to hear of your situation and scratching my head trying to think of what can be dome in your situation

You really do need legal advice and can contact www.cliniclegal.org they are a not for profit organization and you do not have to be Catholic for them to provide assistance.

As you state your husband is the one that can petition you to follow to join him in the USA and you need to establish if he has filed an I 824 for you. If so what is the receipt date and what is the priority date?

The main difficulty you will have is husband is saying he is not working and claiming benefits. One of the forms he will need to fill in if Your I 824 is approved is an affidavid of support, this is where you will have difficulties as unless his situation changes then your application will not be approved, or unless he can find another person to co agree to file an affidavid of support

I hate to suggest or ask, but does he really want you to be with him in the US or is all this a ploy to distance himself from you? Please do not answer this as all I am trying to do is make you think over your whole situation and maybe come to the conclusion you may need to find an alternative way to live in the USA

Should you decide to find an alternative way to live in the usa there are options that may be available to you depeding on your qualifications or financial well being .

Susie

05-10-2007, 05:51 AM

Hi

As I said in my previous post it may be possible to either purchase a business subject to visa approval or start up a new business from scratch

Either way you will need to invest a substaintial sum of money in the US to quailify

On a start up biz I have know people do a lease on a shop (subject to visa approval) and have a cash investment of $60,000, is this something that may work for you?

Kriz1

05-10-2007, 02:16 PM

It seems very sad...my son became a dad at 17...and has looked after baby on and off for the last 2 years when he is not working a full day.....he worked went to school...and did baby care for the first year...men miss out so much not looking after their child....my grandson is a real daddies boy they are really close...

Sharon

05-10-2007, 03:52 PM

This is very sad but the dad is the looser in more ways than one! He is bahaving so badly and does not deserve the love of a child or of a good woman, seems your better off without him

kirtida8

05-10-2007, 05:54 PM

Just checked out the US passport office site and it states that anyone in breach of child support payments cannot be issued with a passport from them! I know you say that your husband is only a green card holder - but get to the embassy and inform of his lack of child support and I am sure you will get some help with that if nothing else. Remember to take your child's birth certificate and any other docs you may have showing his status.
Good luck

honeyb

05-11-2007, 05:00 AM

kirtida8

05-11-2007, 08:25 AM

You are very welcome. Good luck and keep us posted on how you get on.:)

honeyb

05-15-2007, 04:01 AM

i wrote and inquire on cliniclegal last week. im not sure if they have received my email. im just worried . what shud i do now? thnanks

Hi and :welcome:

I am so sorry to hear of your situation and scratching my head trying to think of what can be dome in your situation

You really do need legal advice and can contact www.cliniclegal.org they are a not for profit organization and you do not have to be Catholic for them to provide assistance.

As you state your husband is the one that can petition you to follow to join him in the USA and you need to establish if he has filed an I 824 for you. If so what is the receipt date and what is the priority date?

The main difficulty you will have is husband is saying he is not working and claiming benefits. One of the forms he will need to fill in if Your I 824 is approved is an affidavid of support, this is where you will have difficulties as unless his situation changes then your application will not be approved, or unless he can find another person to co agree to file an affidavid of support

I hate to suggest or ask, but does he really want you to be with him in the US or is all this a ploy to distance himself from you? Please do not answer this as all I am trying to do is make you think over your whole situation and maybe come to the conclusion you may need to find an alternative way to live in the USA

Should you decide to find an alternative way to live in the usa there are options that may be available to you depeding on your qualifications or financial well being .

Sharon

05-15-2007, 04:45 AM

Thanks Kirtida8. I will try to do that. meanwhile, thanks for uplifiting my spirit. thought, this is the end of everything for me and my son.

I am trying so hard for both me and my son to survive and provide a better education. I hope the US government though he is not yet a citizen of the US will understand what my son and I been getting thru right now.

God bless.

Hi

It very sad to say but the us government do not care less about anyone who is not a citizen. I do hope you can get some sort of resolution and peace of mind soon. Have you contacted the newspapers to tell your story

honeyb

05-15-2007, 05:34 AM

Hi

nope. thats why i kept looking and asking questions or post them here on the internet so somehow someone who knows of my situation might help me. just trying my luck i guess. although i really find it stupid looking for answers which i really dont know if i can find answer.

thanks

It very sad to say but the us government do not care less about anyone who is not a citizen. I do hope you can get some sort of resolution and peace of mind soon. Have you contacted the newspapers to tell your story

v2002

05-15-2007, 07:27 AM

Hi honeyb Sorry to know your situation... may be this information might give u a direction.......

I am a filipino married to a filipino green card holder in San Francisco. He hasnt given support to our 5 year old son telling me that he doesnt have work but gets support from SSAdmnistration.

** As a greencard holder YOUR husband CANNOT CLAIM ANY SUPPORT FROM SSADMINISTRATION if he is found to be misusing the system he can loose his greencard.

He have my passport and ID's because he filed me as his dependent for IRS purposes using the W7 form.

**As a greencard holder he can claim his wife and child for tax purpose ONLY WHEN THE WIFE AND CHILD IS PRESENT HERE IN USA... ITS a FRAUD to claim depenmdents who reside overseas for tax& he can loose his greencard......
If you want to complian about this go to IRS website and send them an email giving them details about your husband/ child and your situation.

Regarding your passport .... immidiately report it stolen and get a new one for your self and your child. If you go to consulate along with a local social worker from redcross or unicef they will help you to get a visitor visa to visit USa .. once here they can help you find an attorney and file a claim with your husband........

As per your child support .... No one can help you on this unless and untill you come here in USA and claim for child support in court. Outside USA one is not bound to follow the US laws if one is not a USC.

3.)Did my husband commit any fraudaulent acts against the US govenment?
** If the above first two points are correct information YES your husband committed Fraud.

Good luck.

honeyb

05-16-2007, 05:40 AM

thank you so much. i will do what u have said. by the way are u american citizen? seems to me that u know US laws.

For info, thats what my husband told me. That he filed me as his dependent attached to it are my passport(philippine), ID's and the W7 form. He enven told me that I already have my temporary TIN number there since i am not allowed to have SSS# due to the fact that i am not living there in the US with him.

But how can i go there and live with him if he hasnt filed any petition yet? dont u find it stupid that all he wants is to jerk off and fool me and our son?

that's why i thought of posting in this site to shed some light on my burden. and gain justice for making our lives miserable.

thnak you so much. God bless you.

Hi honeyb Sorry to know your situation... may be this information might give u a direction.......

I am a filipino married to a filipino green card holder in San Francisco. He hasnt given support to our 5 year old son telling me that he doesnt have work but gets support from SSAdmnistration.

** As a greencard holder YOUR husband CANNOT CLAIM ANY SUPPORT FROM SSADMINISTRATION if he is found to be misusing the system he can loose his greencard.

He have my passport and ID's because he filed me as his dependent for IRS purposes using the W7 form.

**As a greencard holder he can claim his wife and child for tax purpose ONLY WHEN THE WIFE AND CHILD IS PRESENT HERE IN USA... ITS a FRAUD to claim depenmdents who reside overseas for tax& he can loose his greencard......
If you want to complian about this go to IRS website and send them an email giving them details about your husband/ child and your situation.

Regarding your passport .... immidiately report it stolen and get a new one for your self and your child. If you go to consulate along with a local social worker from redcross or unicef they will help you to get a visitor visa to visit USa .. once here they can help you find an attorney and file a claim with your husband........

As per your child support .... No one can help you on this unless and untill you come here in USA and claim for child support in court. Outside USA one is not bound to follow the US laws if one is not a USC.

3.)Did my husband commit any fraudaulent acts against the US govenment?
** If the above first two points are correct information YES your husband committed Fraud.

Good luck.

Kriz1

05-16-2007, 01:18 PM

Kriz1

05-16-2007, 01:27 PM

v2002

05-17-2007, 05:02 AM

I think he can claim if on a greencard...

I know people claim here on greencards...and hubby had a letter a few years ago telling him what SS benfits he can now claim...

Looking on the SS website...it looks like he has every right to claim benfits on a greencard...
He could also have the right to claim for you and your son while you live in another country..does he have to send you the money if he can claim.. is the next question...
First thing first No one on greencard can claim a wife or children not living with him in USA... period.Its FRAUD/FELONY.

The reason I know this for fact is that I am a greencard holder ... My family is here except for a minor child back home ... who we cannot claim on TAXES at all despite sending regular dollers for the care of the child ... just waiting for child to be 12 than we plan to get GC for the kid.

The SS benifits dont start till one holds Gc for atleast 5 years...... and have atleast 28 minimum points for some benifites and 40 points for full benifits in SSA from the employment contribution..which takes many years to accumulate as you cannot get more than 4 points in a year depending on your income 4 is the maximum points.. I will not go in detail about that... but evan when one can claim benifit for self ( if one qualifies) one CANNOT claim benifits for a family member who is not here and WHO DO NOT HOLD A GC.
I hope this clears......

Regarding Tin number .....TIN number is for the filing for taxes for people who ARE present IN USA but do not have or cannot get SSN........ To have a TIN number for a family member abroad is IRS FRAUD.

v2002

05-17-2007, 05:09 AM

If you are still married to a green card holder, then you are entitled to derivative green card status. Probably when he filed he included you in the application and your green card was sent to him, and he has kept them with your passport etc.
Peter I dont see this as possibility as she have never travelled to USA and if she was not here he cannot file for her GC from here and get GC ... all he could do was to file for I-130 with CP processing .... She will get the GC in her own country..

Your next problem is getting a passport to travel and id papers. When you have those then you need to trace his application for LPR status get the A No check he included you in the application then seek a replacement card.
I suggest a visit to the US Embassy/ Consul in the Phillipines before you travel.
This again for lack of her physically present here voids the possibility of GC issued to her at all.

I dont think In this case there was EVER a I485 filed at all.
So she can travel on visitor visa to meet her husband.

honeyb

05-17-2007, 05:20 AM

I think he can claim if on a greencard...

nope. thats why its clear to me wether he receives a big or small amount, he has the obligation to support his legal family here.

in fact i am very hesistant if somebody wud ask me to give the details of my husband including his werabouts if the US govenment will just listen and take proper action on this.

I was also thinking that if there;s a fraudaulent act his US greencard can be revoke if proven guilty right?

thanks for the support.

I know people claim here on greencards...and hubby had a letter a few years ago telling him what SS benfits he can now claim...

Looking on the SS website...it looks like he has every right to claim benfits on a greencard...
He could also have the right to claim for you and your son while you live in another country..does he have to send you the money if he can claim.. is the next question...

v2002

05-17-2007, 08:20 AM

I think he can claim if on a greencard...

I know people claim here on greencards...and hubby had a letter a few years ago telling him what SS benfits he can now claim...
the letter you are Ref. to is the letter you get every year to know about your SS benifite ... your husband must have got 28 points... telling about his SSB.

Looking on the SS website...it looks like he has every right to claim benfits on a greencard...
The website does not give specific information its just general information on benifite for GC holders ...... one must have atleast 5 years time holding gc to start getting any SSA benifits.

He could also have the right to claim for you and your son while you live in another country..does he have to send you the money if he can claim.. is the next question...
NO HE CANNOT CLAIM family members living abroad.
To claim any dependent they must be living with you in usa with you for atleast last two years.... temp travel abroad does not deprieve you to claim them.
More over people in other country cannot get SSA benifits at all.

Kriz1

05-17-2007, 02:14 PM

First thing first No one on greencard can claim a wife or children not living with him in USA... period.Its FRAUD/FELONY.

The reason I know this for fact is that I am a greencard holder ... My family is here except for a minor child back home ... who we cannot claim on TAXES at all despite sending regular dollers for the care of the child ... just waiting for child to be 12 than we plan to get GC for the kid.

The SS benifits dont start till one holds Gc for atleast 5 years...... and have atleast 28 minimum points for some benifites and 40 points for full benifits in SSA from the employment contribution..which takes many years to accumulate as you cannot get more than 4 points in a year depending on your income 4 is the maximum points.. I will not go in detail about that... but evan when one can claim benifit for self ( if one qualifies) one CANNOT claim benifits for a family member who is not here and WHO DO NOT HOLD A GC.
I hope this clears......

Regarding Tin number .....TIN number is for the filing for taxes for people who ARE present IN USA but do not have or cannot get SSN........ To have a TIN number for a family member abroad is IRS FRAUD.

You said ANY benfits..I quote.(As a greencard holder YOUR husband CANNOT CLAIM ANY SUPPORT FROM SSADMINISTRATION if he is found to be misusing the system he can loose his greencard...)

...which is different..so you should of said that he MAY NOT claim for a child or wife living out the country...you give me the idea that he would be breaking the law if he claimed anything....which is not true....and it worried me for a min because we may have to claim...

Kriz1

05-17-2007, 02:20 PM

:) the letter you are Ref. to is the letter you get every year to know about your SS benifite ... your husband must have got 28 points... telling about his SSB.

The website does not give specific information its just general information on benifite for GC holders ...... one must have atleast 5 years time holding gc to start getting any SSA benifits.

NO HE CANNOT CLAIM family members living abroad.
To claim any dependent they must be living with you in usa with you for atleast last two years.... temp travel abroad does not deprieve you to claim them.
More over people in other country cannot get SSA benifits at all.

This is why I always say 'could'...and never use bold letters to make a statement that may not be right..or could be read the wrong way...:)

Kriz1

05-17-2007, 02:43 PM

v2002

05-17-2007, 04:17 PM

Honeyb..I think the other poster put us at cross purposes...yes he can make a claim on a greencard for SS...but he maynot be able to claim for you and your child.. that I could find no real info about...which is why I say he maybe able too...I did look on a few other forums yesterday...and the advice there was all different...so you may have to get legal advice...

So that means very clearly that when you dont know for sure what is right and wrong advice ... you recomend legal advice ?
Just because you are not sure does not mean other posters dont know the rules.
Kirzi why dont you post all the replies yourself ? because looks like you dont like anyone else's reply that contradict yours.
Go to IRS site look who dependants are ..... and read .. it will take atleast few days to understand the entire system

For social security go to SSA site and see what are benifits and who qualify... and when do you qualify.

Before you put someone down check your facts ...Looks like you do have a BIG ego problem.

v2002

05-17-2007, 05:01 PM

You said ANY benfits..I quote.(As a greencard holder YOUR husband CANNOT CLAIM ANY SUPPORT FROM SSADMINISTRATION if he is found to be misusing the system he can loose his greencard...)
Yes I mean it he cannot claim any support from SSA for his wife and child who is not a GC holder or a UScitizen.

...which is different..so you should of said that he MAY NOT claim for a child or wife living out the country...you give me the idea that he would be breaking the law if he claimed anything....which is not true....and it worried me for a min because we may have to claim...
Yes I mean this too as the GC holder you can be eligible for SSB for retirement and other benifits for himself only after accumulating certain points............at certain age.
Social security benifits dont start from the day you get GC.

Also regarding W7...... as per the IRS W7 can be used for adopted kids of USC who do not have SSN yet ... they can claim them as dependant on W7 by getting a TIN number ... it cannot be used for anyone who is not present in USA.
And I did tell about my child who we have never been able to claim as child on our taxes because ITS TAX FRAUD to claim a child/spouse who is not living with you for atleast 6 months in a tax year.

In simple language I dont know what you are talking about BUT I do know what I am talking about. all you need is to look for information under right places.
Regarding benifits- I have a person who is in USA from long time married to a USC....... got gc ....... divorced...... got married to usc again ..... but he has not stayed with gc for 5 years ..( now here he has to be on GC basically because the first wife is divorced before he could apply for USC...... to his second wife he's been married since aug 2006 ) he needs medical treatment & a kidney but his american wife was told clearly he cannot be a public charge till 5 years on gc....... you have to wait for minimum 5 years before you can drain the american sysyem.So much for the SSA benifits..when you are a greencard holder...... poor man will die for lack of treatment before he completes that 5 years on GC........ may never have a chance to become a USC because he is recorded as alcoholic in hospital records which BARS a person to gain USC....ship.

Ofcourse if you are Illegal you can do that from day one.( beats me again )

:confused: