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13 A Conversion to Non-Quota Immigrant by Marriage - Quick Help


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Monsoon

Well...starting the beginning of this year, any foreign bank wishing to be tied to other banks internationally must report any US citizens with more than $10,000 US (or the local currency equivalent) to the IRS. At that point the IRS will cause you grief by auditing you more frequently. You how those people with foreign accounts are. They MUST be cheating on their taxes. That said, 100k PHP equals $2,500 US, which isn't enough to fall under this rule.

And they are putting microchips in people to track them...

 

Ive been filling an FBAR since 2011 covering 2010 activity. No men in black suits habe come knocking on my door. No audits.

Most Americans in my social circle file an FBAR not only for their personal accounts abroad but because they are signatories on corporate accounts abroad as well.

 

The post by skyman recommended against putting $2500 in a bank account here and daid it would cause problems with DHS and IRS. and I, in a nice way, called absolute bullshit.

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I found this somewhere else....     "Sample spouse letter for 13 (a) Resident Visa – Philippines immigration." 18 October 2012 RICARDO A DAVID JR Commissioner Bureau of Immigration Intramuros, Ma

From what I have heard you need the Quarantine thing done only if your applying from abroad, so shouldn't apply here, didn't for me.   Yes, the above template is what I used also and was fine. Reme

Well...starting the beginning of this year, any foreign bank wishing to be tied to other banks internationally must report any US citizens with more than $10,000 US (or the local currency equivalent) 

JohnSurrey

Hmmm... does anyone have a copy of a suitable Affidavit ?

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SkyMan

 

The post by skyman recommended against putting $2500 in a bank account here and daid it would cause problems with DHS and IRS. and I, in a nice way, called absolute bullshit.

If he has foreign interests, stocks, business dealings, etc. valued over $7500 and he adds another $2500 that puts him over the total $10K limit so I double absolute bullshit you!
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  • 2 weeks later...
futuredude

Hmmm... does anyone have a copy of a suitable Affidavit ?

 

 

JOINT SWORN AFFIDAVIT OF AUTHENTICITY
 
We, “YOUR FULL NAME”, Citizen of “your country” and, Spouses of legal ages and with address at
“Full address in Philippines”,
After having been duly sworn to in accordance with the law does hereby depose and say:
 
That we filed petition for Residence Visa in favor of the undersigned husband at the Bureau of Immigration and complied with all the requirements;
 
That we are very eager to attend the required hearing/interview that will be conducted by the hearing officer at the Bureau of Immigration and all the documents we have submitted are all true, correct, genuine, authentic and in order;
 
That we further attest that all said documents we submitted were legally and regularly obtained from corresponding government agencies and entities;
 
IN WITNESS WHEREOF, We have hereunto signed this joint sworn certification on this “Date” at the city of Manila, Philippines.
 
 
 
               “YOUR FULL NAME”             “YOUR WIFES FULL NAME”     
Affiant – applicant husband                Affiant – Filipina wife
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CebuKano

Do you have some copies of pension payments or whatever income you get? I wouldn't put p100K in a Phil bank and doing so could give you a lot of grief with HomeLand Security and the IRS if you're American depending on what other financial interests you have here.

 

 

 

I think he's going back to Leyte? If so, why don't you do the 13A in Cebu? Or Tacloban?

I'm just curious. How will him depositing 100K in a Philippines bank bring grief from HLS in the US? As for IRS, I'm totally confused there... All one has to do is declare the interest received in the account during the tax year to the IRS and they are happy. I just deposited roughly 5M pesos (converted) last week. I'm a US citizen and I do this same thing about once a year and I've never had a problem with anything.

 

I'm curious if anyone else has had a problem doing this same thing?

Edited by Motörhead
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CebuKano

 

If he has foreign interests, stocks, business dealings, etc. valued over $7500 and he adds another $2500 that puts him over the total $10K limit so I double absolute bullshit you!

10K limit of/to what? Seriously, have I missed something here?

Edited by Motörhead
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CebuKano

Well...starting the beginning of this year, any foreign bank wishing to be tied to other banks internationally must report any US citizens with more than $10,000 US (or the local currency equivalent) to the IRS. At that point the IRS will cause you grief by auditing you more frequently. You how those people with foreign accounts are. They MUST be cheating on their taxes. That said, 100k PHP equals $2,500 US, which isn't enough to fall under this rule.

Ah, OK. Right. I understand what he was trying to say now. There is no LIMIT to how much $$ one can transfer to a "foreign" bank account. But it's still not something anyone should be affraid of doing if they want to.

 

You will be "reported"... ewwwww.... very scary.... remember, it's YOUR MONEY! Don't be intimitated.

 

I'm pretty sure if anyone in the US these days tried to transfer over 10K to another DOMESTIC account they would be reported also. It keeps the money laundering competition conflicts down for the big boy banks, that's all :D

 

I've been doing this for a long time and I have yet to be audited. There is no basis for saying one will be more likely to be audited. Pure speculation. And I could care less if I am audited. I've done nothing wrong and I welcome any audit. Bring it on.

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CebuKano

 

But the IRS wants to know about your total foreign investments which is why I added the "depending on what other financial interests you have here." And I should have probably been more correct to say "depending on what other foreign interests you have." period With more than $10K in foreign investments, you have to file an extra form disclosing all.

Sorry but I don't see what the big deal is for having to file the extra form. There are ways to avoid this whole mess if one uses their head. Think. The account here in the RP does not have to be in YOUR name (Primary), but rather have your name listed as secondary . ... let's just say that it makes a difference :D

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Thelandofku-an

I'm just curious. How will him depositing 100K in a Philippines bank bring grief from HLS in the US? As for IRS, I'm totally confused there... All one has to do is declare the interest received in the account during the tax year to the IRS and they are happy. I just deposited roughly 5M pesos (converted) last week. I'm a US citizen and I do this same thing about once a year and I've never had a problem with anything.

 

I'm curious if anyone else has had a problem doing this same thing?

When I last bought a US citizens property here in 2008, I was advised by HSBC UK to e-bank the money to the US in blocks of less than 10,000 UK pounds (converted to [email protected]) to avoid some "flag-up requiring some UK affidavit or other declaring the real purpose the money was being used for!

Edited by Thelandofku-an!
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Monsoon

If he has foreign interests, stocks, business dealings, etc. valued over $7500 and he adds another $2500 that puts him over the total $10K limit so I double absolute bullshit you!

 

Ok so you want to call bullshit on me then please talk specifics.

 

The $10k threshold applies to FBAR - see 31 U.S.C. § 5314 and 31 C.F.R. Part 103. Your mention of 'business dealings' tells me you have no clue about the relevant tax codes. And your mention of "homeland security" tells me you are very much misinformed.

 

Anyway - the guy just wants to get his 13A done and your trying to inject fear about a simple 100k PHP deposit.

 

I guess you also recommend nobody leaves their house in the morning?

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Monsoon

I'm just curious. How will him depositing 100K in a Philippines bank bring grief from HLS in the US? As for IRS, I'm totally confused there... All one has to do is declare the interest received in the account during the tax year to the IRS and they are happy. I just deposited roughly 5M pesos (converted) last week. I'm a US citizen and I do this same thing about once a year and I've never had a problem with anything.

 

I'm curious if anyone else has had a problem doing this same thing?

 

Just make sure you comply with FBAR reporting. You'll be fine. Don't listen to the conspiracy theory guys.

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Monsoon

Sorry but I don't see what the big deal is for having to file the extra form. There are ways to avoid this whole mess if one uses their head. Think. The account here in the RP does not have to be in YOUR name (Primary), but rather have your name listed as secondary . ... let's just say that it makes a difference :D

 

Actually, as the law is written, it applies to any account in which you have a financial interest or signatory authority over. Doesn't matter who is the primary account holder. If you want to trust some party other than yourself to hold that account in full then FBAR doesn't apply.

 

I have had to file FBARs because of business accounts that I have been signatory on just as an officer of a company. Its not a big deal.

 

There are some banks in other jurisdictions that will NOT accept American passport holders as customers because of all of this FBAR and FATCA mess.  

 

Rest assured that if you bank here, and they know your nationality, then the bank will comply with FATCA. Or at least try to. Most people don't have enough money for them to worry about, or haven't hit the lucky 'random' number yet to get called onto the magic carpet.

 

Just comply with the regs. I mean, come on, unless your talking about millions here, one must be a complete idiot for going to LINC seeking advice on financial situations such as FATCA and FBAR. If you don't have that kind of jack, then people need to find a hobby to spend their time with other than running around like chicken little on these topics.

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CebuKano

Exactly. Consult your banker and seek their advice. He/she will give you all the info you need.

 

No need to be afraid of anything. Stand up and be a man.

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  • 2 weeks later...
futuredude

I'm in Manila trying to get my 13A Form submitted...

 

 

On the Checklist you have to submit it asks for certain things like:

 

1. Letter request from the petitioner with a statement that all documents submitted were legally obtained from the corresponding government agencies

 

 

7. Joint Affidavit of applicant and petitioner attesting to the authenticity and genuineness of all documents sbmitted in support of the application.

 

Can anyone give me some examples of these to crib from ?

 

And also...

 

8. Proof of Financial of financial capacity of applicant and/or petitioner (in my case wife) during their permanent residence in the Phillipines...

 

I was told a deposit of at least 100,000 pesos in a Phil Bank would be ok - I'm trying to do this very quickly (like tomorrow) could I just transfer the cash as an advance from my VISA card ?

 

I don't currently have a Phil Bank account... etc

 

Lastly, has anyone used a lawyer (here in Manila) not too expensive to do this for them - I'm only here for a couple of days...?

 

 

Thanks...

 

 

PS. My Balikbayan visa (see old post) was ok ... didn't cost me a penny to update my passport, but had to come to Manila to sort it out...

Don't forget the new requirements to provide national police clearance documents from your country of origin as well as NBI clearance if you have been in the Philippines longer than 6 months. This one is proving quite the stickler for many applicants.

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lazydays

Don't forget the new requirements to provide national police clearance documents from your country of origin as well as NBI clearance if you have been in the Philippines longer than 6 months. This one is proving quite the stickler for many applicants.

 

 

Good point !

 

I think it would also be nice if John(OP) kept the forum members (especially newbies) updated with his progress. :)

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