US Notary Service for Filipina

[ITGeek]

Hello,

I have a few questions.

I'm rolling over my 401k into an IRA, but the plan administrator rejected my asawa's Philippine's (foreign) notarized signature.  The administrator requires my foreigner spouse signature be notarized by US notary.  I know as a US citizen I can get documents notarized at USEM-ACS.  However, can my Filipina spouse use that same service at USEM-ACS?

We are already planing trip to USEM when I return in September so that I can file Consular Report of Birth Abroad and apply for US passport/SSN for my son (just born June 2nd).  I was told by Jim Boyd that my son must accompany me to my appointment at the USEM.  Has anyone been through this process?  If so, what are the steps I need to do for him have dual citizenship since I'll be living here.

Finally, last September, I applied for CR-1's for my wife and step-daughter.  However, those plans changed when I found out my asawa was pregnant in October.  Instead, now I want them to get US tourist visas instead.  She legally owns property (since as foreigner I can't), BDO/RCBC bank accounts (history of at least 100k PHP balances) and I'll be residing here.  Does anyone anticipate any problems with them getting tourist visas approved so we can visit my family in US?

Now I know why the say, "It's more fun in the Philippines".  Nothing is easy when it comes to legal matters. 

[chris49]

I am going to go out on a limb and say that ACS would notarize such documents if she is your legal wife.

But keep in mind that each transaction at the ACS window requires an on line appointment. There are detailed instructions on the Embassy Web Site eg for a Consular Report of Birth Abroad you must send in all the documents by courier, wait for them to issue you an appointment, and you can request a certain date. You need a separate appointment for notarization, which will be in the afternoon. Citizenship appointments are in the morning. You might get it on the same day if you co-ordinate it properly.

Dual Citizenship: that is not an issue, your son has a Philippines Birth Certificate, he may apply for a Philippines Passport at any time.

US Citizenship/Passport: yes, physical presence is required.  They are going to look for a legal marriage. And they are going to look at your presence in the Philippines to make sure in matches her dates of conception. They need the Labour Room delivery record from the hospital. They would like to see some anti natal records, ultrasound reports, family pictures and etc. If you are not legally married the procedure for out of wedlock children of US Citizens is similar,  but the Embassy is much stricter on that.

Does anyone anticipate problems getting a tourist visa: her assets and her status might be helpful, but the main focus will be on your ability to provide support during the trip. Your age and are you currently employed. I don't have experience with this one, just what I have heard and read.

[OnMyWay]

11 hours ago, ITGeek said:

If so, what are the steps I need to do for him have dual citizenship since I'll be living here.

I don't think there are any official steps.  When my daughter was born here in PH we got her a Philippine passport first, then attended a U.S. embassy outreach to apply for her CRBA and U.S. passport.  So she is dual with two passports.  Reminds me that I have to start on my new daughter's docs soon.

Agree with what Chris said but I don't remember giving a labour room delivery report, and I don't see that on my checklist.  Download the CRBA checklist and get the latest info.

We were not married then so I had to get section b of the DS 2029 notarized at the outreach for $50.  We are married now so I will not have to do that this next time.

I highly recommend using an outreach if possible.  One stop shopping.  Your appointment is made by signing in on a sign up sheet, so if you have 3 or 4 things to do, you sign up on 4 sheets.  Get there early.  The problem is that they don't announce them very far in advance, so it is hard to plan.  I'm hoping they will have one here in Subic in September.  Outreach schedules are updated here but only a few weeks before they happen:

http://manila.usembassy.gov/wwwha008.html

I would e-mail the embassy about the document your wife needs notarized.  They have always gotten back to me but it sometimes takes a few days.  I think they will notarize it as long as she has good IDs.  If she doesn't have good IDs, get that done first.

If you don't mind me asking, are you making your wife a beneficiary on your IRA?  I have thought about that but I am worried about the tax ramifications if my bene is my foreign spouse.  I heard that the IRS will sink their teeth into it before she gets anything.  Have you looked into that?  Honestly I don't know if it is true but I still worry about it.

[ITGeek]

9 hours ago, OnMyWay said:

If you don't mind me asking, are you making your wife a beneficiary on your IRA?  I have thought about that but I am worried about the tax ramifications if my bene is my foreign spouse.  I heard that the IRS will sink their teeth into it before she gets anything.  Have you looked into that?  Honestly I don't know if it is true but I still worry about it.

Unfortunately, it's a requirement by the 401k plan administrator that since I'm married, it requires my spouses agreement to rollover into an IRA.  Doesn't matter the citizenship status of the spouse apparently.

I'm the only person listed on IRA, but we all know about the IRS death tax on any US citizen's assets.  Even if made my newly born son (once he gets US citizenship) the beneficiary, they would still assess taxes on any of my assets.  However at least my family would receive my Social Security benefits.

Speaking of IRS, they rejected the W-7 ITIN forms for my wife/step-daughter that I sent with my 1040 tax return.  Apparently they require their original passports to approve.  Fortunately, I can meet with Jim Boyd in Angeles City next month with them to obtain their ITIN's.  He is an approved IRS agent for processing W-7's here in Philippines.  Thank god I get automatic extensions with IRS and state returns, since I'm owed money.

[OnMyWay]

48 minutes ago, ITGeek said:

I'm the only person listed on IRA, but we all know about the IRS death tax on any US citizen's assets.  Even if made my newly born son (once he gets US citizenship) the beneficiary, they would still assess taxes on any of my assets.

I think that depends on the size of your estate.  If you are under a certain threshold, I don't think there are taxes.  What I was worried about is if there is some hidden rule for foreign spouses.  I need to do some estate planning one of these days.

 

51 minutes ago, ITGeek said:

Thank god I get automatic extensions with IRS and state returns, since I'm owed money.

Are you sure about your state?  Years ago, California hit me with a penalty for late filing even though I had a refund coming.

[Tukaram (Tim)]

Seems odd they require a US notary.  In the US everyone and their dog can be a notary.  It means virtually nothing.

Here the only notaries I have found are attorneys - and cost too damn much just for a signature ha ha. 

[Jack Peterson]

14 hours ago, Tukaram (Tim) said:

Seems odd they require a US notary.  In the US everyone and their dog can be a notary.  It means virtually nothing.

Here the only notaries I have found are attorneys - and cost too damn much just for a signature ha ha. 

We have had this type of thing come up recently, the DFA have what is called RED RIBBON Service and is accepted usually by all Counties.

http://www.dfa.gov.ph/consular-services/authentication-information

This under the 1963 Vienna Convention and is accepted by the UN as it should be by the US

Jack

Morning All

[AlwaysRt]

I just ran into this setting up a mailbox in Texas. For them to legally accept my mail the US Post Office requires a notarized form, and only accept a US notary. So, my options are to go from Bacong to Cebu or Manila OR go to http://www.notarycam.com who can nortarize the document by video chat. Their fee is $25 in the US or $79 overseas. I plan on trying this in the next couple days, as soon as I get over being pissed off about being location discriminated. Since the transaction is online what *%#@ difference does it make what state or country I am in. At $50 for the embassy to notarize plus trave $79 is still cheaper, but dang.

[davewe]

On 6/12/2016 at 7:52 PM, OnMyWay said:

I think that depends on the size of your estate.  If you are under a certain threshold, I don't think there are taxes.  What I was worried about is if there is some hidden rule for foreign spouses.  I need to do some estate planning one of these days.

 

Are you sure about your state?  Years ago, California hit me with a penalty for late filing even though I had a refund coming.

Your estate has to be over $5 million before estate taxes kick in. If it is - let's be friends :)

As to a traditional IRA being inherited by your spouse, kids etc. the problem is that while she can roll it over to her own IRA the distribution rules still apply - that is withdrawals from an IRA before the age of 59 1/2 carry a penalty. I am trying to figure out the exact same thing for my wife. It might still be worth it for her to pay the penalty. I am trying to determine if there are any other options, and would love to know if guys have other strategies.

If, OTOH, you have a Roth IRA (after tax money) it's much easier for her to tap into and potentially with no tax or penalties.