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    Romeo1975's Avatar
    Romeo1975 Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 2, 2009, 08:51 PM
    Foreign Property Inheritance
    Hi.

    I am a 33 yr. oldPhilippino with an American husband (legally married in Ottawa, Canada).

    Yes, it's same-sex marriage.

    Aaanyway, my husband already made the will & stated that I will be the sole beneficiary of his properties.

    BUT.

    I do not have a US Visa. And yes, I have tried millions, well, 5 times (but it felt like a million times already!) & the US Embassy still hasn't granted me yet.

    I have my own properties, own business & decent amount of cash in banks which showed in every interview at the US Embassy but still, they haven't granted me a visa.

    Why?

    Their reason is because I have 3 sisters in the US & 2 of which are citizens already.

    Now, our problem is, how will I be able to claim the inheritance (ex. House, valuables etc.) if the US won't even grant me a visa?

    And I
    Ever plan not to sell that house in NY (or probably live there if I have the guts), how is that possible, given that the US Embassy keeps on denying my application.

    Please help.. .
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Feb 2, 2009, 09:25 PM

    One can hire an attoreny to represent you in all of the dealings.

    And I would assume a application to do this for a limited time, may be different if you applied
    Romeo1975's Avatar
    Romeo1975 Posts: 2, Reputation: 1
    New Member
     
    #3

    Feb 2, 2009, 09:45 PM
    Quote Originally Posted by Fr_Chuck View Post
    one can hire an attoreny to represent you in all of the dealings.

    And I would assume a application to do this for a limited time, may be different if you applied
    Quote Originally Posted by Fr_Chuck View Post
    one can hire an attoreny to represent you in all of the dealings.

    And I would assume a application to do this for a limited time, may be different if you applied
    Thank you for the reply but I quite don't get what you mean especially on your second sentence. Limited time? Applcation?

    May I also add, my husband has already contacted a lawyer/friend & unfortunately this lawyer is discouraging my husband from transferring the properties to me, thus not answering our queries to him at all.

    Is there a link as to where I can find the legalities of foreign property inheritance?

    My husband & I just wants to know how will I be able to claim the house when the US Embassy is not granting my visa application. Not even a B1/B2.

    What's the use of inheriting a property when you can't even touch it, worse see it?

    Plkease help.. .
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #4

    Feb 2, 2009, 10:06 PM

    You are not eligible for visitor's visa because your sisters are US citizens. If you want to pursuit immigrant visa, either one of your sister or both must sponsor immigrant visa for you. It's not going to be immediate.. The Philippines has the longest backlog, it takes approx 24 years for petition filed by sibling.

    You are not eligible for marriage based immigrant visa. Immigration is federal law and US immigration does not recognize same sex marriage as yet.

    However, you may be able to obtain temporary visa based on necessity but you need an experienced immigration attorney to assist you in this matter.. it's not easy and can be done only upon conditions such as you need to do anything with the property that transactions online or by mail are not accepted, etc.

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