petitioner cancelled the interview

[anonymous08 0]

i have a friend who lives in Butuan. Her husband is a USC but working in Canada.They have a 2-year-old son.theyve been married for 4 years already. Her IR-1 interview will be on feb.5.

Dec. 2007, she found out that her husband was cheating on her. The guy has a vietnamese girlfriend that also works in canada. Until now the relationship is still going on. And the vietnamese gf called the wife confirming that the relationship is still going on.

Few days ago, they had a serious arguement that led the guy to cancel everything, the medical and interview appointments and the guy told her that he will only support his son and she should only wait whenever he sends the financial support.

As of this moment, the wife is so depress and very confuse and dont even know what to do. She wants to know what else she can do for herself and her son. She wants to ask help from the US embassy.

I, as a friend, wants to help her but im not good about this problem, so i decided to bring this situation here in the forum. i Hope members here can give ideas so i can share it to her.

Tnx,

Jeramie

Edited January 26, 2008 by lawrence_jeramie

[Sand 5]

first of all. it's really sad to hear about ur gf. but if he cancelled all her papers. that she will not be able to come here. i mean to usa. so but she has the right to ask support for her child. so my opinion's to her to go get a good attorney if she can afford it, and go to the US. embassy gives some information about her husband, and to tell them she need child support. and for her too.

and i think i am not sure, if the husband cant afford to support his child, i think i am not sure US. Gov. will support him, qz he's American,

anybody out to correct me ?

Sorry again.

Sand.

Edited January 26, 2008 by Sand

[anonymous08 0]

thanks for the input.

i have some additional information. My friend wants annulment coz theres no divorce here in the phlippines but her husband dont want an annulment becoz he cant afford either. My friend is confuse because how can she move on with her life if her husband just wants everything hanging on a cliff.

tnx again

[Roserick 0]

thanks for the input.

i have some additional information. My friend wants annulment coz theres no divorce here in the phlippines but her husband dont want an annulment becoz he cant afford either. My friend is confuse because how can she move on with her life if her husband just wants everything hanging on a cliff.

tnx again

I thought your friend was from Bhutan?

I don't thing your friend could do anything about it... She's screwed...

But I think the child can do something, when he/she turns 18 he can do something about it..

[Passing.star 0]

thanks for the input.

i have some additional information. My friend wants annulment coz theres no divorce here in the phlippines but her husband dont want an annulment becoz he cant afford either. My friend is confuse because how can she move on with her life if her husband just wants everything hanging on a cliff.

tnx again

I thought your friend was from Bhutan?

I don't thing your friend could do anything about it... She's screwed...

But I think the child can do something, when he/she turns 18 he can do something about it..

Roserick I think she meant, BUTUAN, a town in Mindanao not BHUTAN (Vietnam) .

I feel sorry for your friend, its a heartbreaking love story that tests the long-distance relationship. I think she should seek an attorney. Good luck to your friend. There might be others who will give a sensible answer for your questions.

[Credzba 0]

If I was her, I would file for divorce in a US court.

She can claim half of his property (usually), can possibly get spousal support, and can definately get child support (I pay it to my ex )

The way child support is collected (if you ask the courts to do it) is the company he works for takes his child support payment, mails it to the government agency.

The government then mails the ex-wife the money.

If he falls behind on his payment, the government goes after him.

Divorce in america, this frees up her life in Philipines, and gets her the US government to collect her child support payments.

Personally, som man who does this to his wife, and refuses to be responsible for his child needs a visit from some thugs in the night.

I am fairly certain with some accidents, he will see the benefits of being a responsible parent!

[j.debonis 0]

i have a friend who lives in Butuan. Her husband is a USC but working in Canada.They have a 2-year-old son.theyve been married for 4 years already. Her IR-1 interview will be on feb.5.

Dec. 2007, she found out that her husband was cheating on her. The guy has a vietnamese girlfriend that also works in canada. Until now the relationship is still going on. And the vietnamese gf called the wife confirming that the relationship is still going on.

Few days ago, they had a serious arguement that led the guy to cancel everything, the medical and interview appointments and the guy told her that he will only support his son and she should only wait whenever he sends the financial support.

As of this moment, the wife is so depress and very confuse and dont even know what to do. She wants to know what else she can do for herself and her son. She wants to ask help from the US embassy.

I, as a friend, wants to help her but im not good about this problem, so i decided to bring this situation here in the forum. i Hope members here can give ideas so i can share it to her.

Tnx,

Jeramie

just for clarity...where was your friend married? I'm assuming she was married in the Philippines, but if she worked and then subsequently met and married her husband abroad, then according to article 26 of the Family Code......All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5) and (6), 3637 and 38. (17a). Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Admittedly, this doesn't answer the financial obligations of her (ex)husband nor how she can obtain such. I'll look around a little more for more specific steps to take.

James

[anonymous08 0]

i just want to thank you all for the ideas and advices.

They were married in the philippines year 2005. And its final that the guy dont want an annulment for some reason. The wife was just assuming that maybe He cant afford to file for one.

And as i was talking to my friend about this ideas the members gave me, she added more information that her HUSBAND WAS STILL MARRIED (or still in a divorce process, no decree yet)WITH A CHINESE LADY WHEN HER HUSBAND WENT TO THE PHILIPPINES TO MARRY HER. . but months after their wedding here in the philippines, the divorce decree with the chinese lady was finalized.

how did that happen? i mean, how can the guy marry her if he was still married to a chinese lady and the marriage took place in the US?

My friend is planning to go to US embassy and report the situation. Will it help if she will do that?

and now, the guy has no plan of supporting her but the son only. Normally, the guy sends atleast $700 monthly since the child was born. She got a 6000pesos house/monthly, internet bills, electric bills, water bills,milk, diapers and food especially for the baby. But the guy told her just few days ago that he will never send that amount of money anymore.

I really do appreciate all the ideas and especially the time for reading my post. All inputs will be given to her right away.

Thank you.

Jeramie

[j.debonis 0]

http://www.gov.ph/faqs/familycode.asp

The above link is to the Philippine Government website that displays the Family Code. It's lengthy but may contain some information that may help. I notice that there is a small conflict with the information you have given. Your original post says your friend was married for four years but your last post indicates she got married in 2005....less than 4 years ago. I know, small error, but I just thought I'd point it out.

James

[hheaven67 2]

If he was still married when he married your friend, then their marriage can't be valid, can it? anyone? very sorry for your friend & her son mostly...I hope that she finds peace somewhere, probably better off without the jerk! her son definitely doesn't need a father like that in his life! best of luck!

jen

[diadromous mermaid 36]

If she can prove that he was unable to marry her when their marriage took place (she would need a copy of his divorce decree, and her marriage certificate) then this union would be invalid. Of course, if that is the case, she would not be eligible to immigrate.

[rjp44 1]

If she can prove that he was unable to marry her when their marriage took place (she would need a copy of his divorce decree, and her marriage certificate) then this union would be invalid. Of course, if that is the case, she would not be eligible to immigrate.

I agree with others that your friend really need's an attorney's help on this. To marry in the Philippines, he should have been required to obtain a certificate from the embassy in lieu of legal capacity to marry, so he may have lied to the embassy about not being married...possible criminal penalties. Also the child needs to be registered with the embassy so that he/she receivves legal rights as a USC. THe husband may also face criminal charges in the Philippins for polygamy and all the procedings should make sure he'll never be able to sponsor another iwfe into the US. Hopefully, the timing of the divorce not being final until after the m marriage will make that marriage null and void and your friend won't have to go thru the expense of an annulment.

[Nutty 2]

The only thing that she needs is to have child support...I don't know how the Embassy can help. Since she is outsidethe juridiction of the USA.

However, as for living in the USA...Believe me, I think your friend is better off in Bhutan. I would prefer to live in Bhutan to USA!!!!

Nutty

Formerly married to Tibetan

Lived in Himachal Pradesh and travelled Bhutan

Edited January 28, 2008 by Nutty

[#CHE4CH# 0]

If she can prove that he was unable to marry her when their marriage took place (she would need a copy of his divorce decree, and her marriage certificate) then this union would be invalid. Of course, if that is the case, she would not be eligible to immigrate.

I agree with others that your friend really need's an attorney's help on this. To marry in the Philippines, he should have been required to obtain a certificate from the embassy in lieu of legal capacity to marry, so he may have lied to the embassy about not being married...possible criminal penalties. Also the child needs to be registered with the embassy so that he/she receivves legal rights as a USC. THe husband may also face criminal charges in the Philippins for polygamy and all the procedings should make sure he'll never be able to sponsor another iwfe into the US. Hopefully, the timing of the divorce not being final until after the m marriage will make that marriage null and void and your friend won't have to go thru the expense of an annulment.

This is so terrbile story! I feel bad and sorry for her..Well, God is Good...He will find a solution to that problem!

[mikeandlani 0]

i'm sorry to hear about your friend's plight. since the guy had no capacity to marry at the time of her marriage to him, she could file for annulment until 2010. she should secure her husband's divorce records that would prove the husband's legal impediment to marry. however, for purposes of support, it would be better if it will be the US courts who decide on this, as it will be easier to enforce an order against one's citizen. did your friend have his son's birth registered in the US Embassy? the acknowledgment therein can be used as proof of one's right to support, in the event she files for child support. in the meantime, have your friend report her situation to a NGO specializing in women's rights so that they can notify the proper government agencies and possibly have her husband blacklisted from entering the Philippines, they might even have lawyer-volunteers in the US that can likewise help her cause.

Goodluck and God bless your friend.