Fiance Married before

[ssgtam08 0]

Yeah her annulement is not actually an anullement its a presumptive death only took 2 months we filed they had to have had no contact for at least 2 years. She had to find the right lawyer since most lawyers want to do annulement which takes longer and costs more.

[john_and_marlene 162]

If the divorce papers are originated in USA, then a Divorce can be granted by a US court and recognized by the Philippines.

Only if the divorce is initiated by the non-Filipino spouse. If the Fililpino petitions for the divorce, it will not be recognized by the Philippines.

[*JG* 2]

How would they even know if you put single on the 129?

Please don't ever suggest something like that again. That is visa fraud from the very beginning.

[barenaked 0]

i have just been annulled and it's not easy. It took me almost 2 and a half years to finally be free and file for i-129f.

there are lots of time that my hearings were postponed or re scheduled.

plus, it's really expensive.

my ex husband is also there in US and he never attended any of the hearings.

i suggest you would opt for "presumptive death"

Presumptive Death for Purposes of Remarriage

Art. 41 of the Family Code, provides that:

A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead.

But if you have doubts as to his existence, the Family Court provides another remedy. It is called a petition for presumptive death for purposes of remarriage. This is only applicable when you haven't heard of your spouse for four consecutive years and that under existing conditions, you believe that he or she is already dead. Only two years is required in case of disappearance where there is a danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, like when the spouse is on board a missing airplane or vessel.

For the purpose of contracting the subsequent marriage, the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.

[ssgtam08 0]

Yes I know its fraud I got yelled at by my fiancee when it came up too!! Like when we were first doing it all I thought it was going to be easy cause she thought she was divorced in america (He sent her bogus papers 2 years before). So when we figured that out, I was so mad I was like screw it lets just chance it. Well my fiancee straightened me out and we submit everything that was legit! NEVER EVER LIE ON THE PAPERS. NEVER EVER!

When I said that before I was just curious if anyone tried it so I could rub it in my fiancees face that it would of worked......But I was wrong (she makes me say that) She was right!

[baxxy 0]

Yeah her annulement is not actually an anullement its a presumptive death only took 2 months we filed they had to have had no contact for at least 2 years. She had to find the right lawyer since most lawyers want to do annulement which takes longer and costs more.

How do you do a presumptive death? Wouldnt you have to prove he was dead?

[baxxy 0]

Yes I know its fraud I got yelled at by my fiancee when it came up too!! Like when we were first doing it all I thought it was going to be easy cause she thought she was divorced in america (He sent her bogus papers 2 years before). So when we figured that out, I was so mad I was like screw it lets just chance it. Well my fiancee straightened me out and we submit everything that was legit! NEVER EVER LIE ON THE PAPERS. NEVER EVER!

When I said that before I was just curious if anyone tried it so I could rub it in my fiancees face that it would of worked......But I was wrong (she makes me say that) She was right!

How'd you end up finding out it was bogus?

[baxxy 0]

How would they even know if you put single on the 129?

Not advisable -- read the thread by member "cranky" he was one unlucky guy or maybe he wasnt if she lied about that she probably lied about a lot of stuff, so hes probably better off without her anyway.

[baxxy 0]

The divorce would of been the way to go if you are dealing with a rationale person. But getting some guy to file a divorce that he is under no obligation to do is not that easy. Like for example this guy might of gotten remarried to someone else so getting a divorce from the 1st marriage is going to screw up his current marriage so there is no incentive for him to file it. We figured annulement was the way to go cause then we didnt have to deal with the guy. It was expensive but it actuality only took like 2 months from start to finish.

How much are we talking about here?

[ssgtam08 0]

Well to do a presumptive death they sent a notice to his last known address and she had to do a statement or something that said she hasnt heard from him in over 2 years and what not. The judge was very nice and was like she shouldnt have to pay for the mistakes like this, if you get a good enough lawyer and stuff the court period only takes like a month then it takes like a month or so to get them to update the database. I think that would of took longer if my fiancess didnt bug the heck out of them. But the lawyer and everything ran about 1200.

Yes I know its fraud I got yelled at by my fiancee when it came up too!! Like when we were first doing it all I thought it was going to be easy cause she thought she was divorced in america (He sent her bogus papers 2 years before). So when we figured that out, I was so mad I was like screw it lets just chance it. Well my fiancee straightened me out and we submit everything that was legit! NEVER EVER LIE ON THE PAPERS. NEVER EVER!

When I said that before I was just curious if anyone tried it so I could rub it in my fiancees face that it would of worked......But I was wrong (she makes me say that) She was right!

How'd you end up finding out it was bogus?

When she showed me them they werent even signed by a lawyer and not notarized.

[baxxy 0]

Well to do a presumptive death they sent a notice to his last known address and she had to do a statement or something that said she hasnt heard from him in over 2 years and what not. The judge was very nice and was like she shouldnt have to pay for the mistakes like this, if you get a good enough lawyer and stuff the court period only takes like a month then it takes like a month or so to get them to update the database. I think that would of took longer if my fiancess didnt bug the heck out of them. But the lawyer and everything ran about 1200.

Way to go man! Thats good to know and 1200 isnt bad. So did she get her visa yet?

[ssgtam08 0]

Ok for my own curiousity. Ok Divorce is illegal in the philippines I got that. Lets say a filipina was married before to an american and he divorces her in the states.

What date would be put on the 129F and 325?

Would it be the date of divorce in America or the date it got certified or whatever in the Phils?

[ssgtam08 0]

Well to do a presumptive death they sent a notice to his last known address and she had to do a statement or something that said she hasnt heard from him in over 2 years and what not. The judge was very nice and was like she shouldnt have to pay for the mistakes like this, if you get a good enough lawyer and stuff the court period only takes like a month then it takes like a month or so to get them to update the database. I think that would of took longer if my fiancess didnt bug the heck out of them. But the lawyer and everything ran about 1200.

Way to go man! Thats good to know and 1200 isnt bad. So did she get her visa yet?

No I am waiting to file to see if i am going to deploy again I dont want to screw up the timing stuff cause of that.

[STEPHnRIA 2]

I had two annulments, ( Im not proud of it and Im not embarassed about it eitheer. Sh!t happens.) One is annulment in the ground of psychologically incapacitated which took 4 months and the other one is in the ground of fraud which took 2 months. I guess my lawyer is ok, but the best of all, I provided good evidence. I really think that if I get to be an annulment lawyer, I will be so damn good! Hahaha!

My fiancee was married before to an american, it was a long time ago (4yrs). They never officially got divorced and he returned to the US. She has been unable to find where he is, now this is holding up our application. She is looking into annullment, does anyone have any experience with this and if so, how much more difficult does this make our application. Will they hold her first marriage against us? Will it look like she is just trying to get into the US seeing that her first husband also was American?

[ManilaIdaho 2]

My friend who's also a vj member got her annulment within 6-8mos and it cost her 130thousand pesos.she was able to obtain her freedom even her ex didnt attend any single hearing.it just consist of a pre-trial and a trial and now she's happily married to her american husband