K-3 Wife left behind

[Queeya 0]

Lucky Duck,

I think you are probably right and that is a sensible approach. I'm just leaving this up here for awhile in case someone shows up with first hand knowledge I'm looking for or can cite some actual cases.

Thanks,

Q.

YGandMAT,

You and I would not have a problem had you understood what I was saying, or perhaps you read it too quickly. I"m not really sure. Obviously I can only repeat that we need to determine her options BEFORE we can determine which route she can take. I'm sorry if you're upset. But again what I'm really looking for here are some concrete cases like this (abandoned K-3 Wife) sourced to actual judicial opinions HERE in the USA. I don't know why you don't get it. If I don't find it here, I'm sure it will eventually be found in legal research.

Q.

Edited October 3, 2008 by Queeya

[Steve Y Jessica 1]

Lucky Duck,

I think you are probably right and that is a sensible approach. I'm just leaving this up here for awhile in case someone shows up with first hand knowledge I'm looking for or can cite some actual cases.

Thanks,

Q.

YGandMAT,

You and I would not have a problem had you understood what I was saying, or perhaps you read it too quickly. I"m not really sure. Obviously I can only repeat that we need to determine her options BEFORE we can determine which route she can take. I'm sorry if you're upset. But again what I'm really looking for here are some concrete cases like this (abandoned K-3 Wife) sourced to actual judicial opinions HERE in the USA. I don't know why you don't get it. If I don't find it here, I'm sure it will eventually be found in legal research.

Q.

There is nothing legally that can be done in the US.

The husband has not continued with the K3, so she does not have the visa. She is not entitled to anything in the US.

The only option she has is to try and get an annulment in PI and move on. SHE HAS NO LEGAL RIGHTS IN THE US!!!!!!

This is what everyone keeps trying to tell you. Good luck!

[Eric-Pris 1,607]

I think we all know what she is seeking. It's not "legal" options, avenues, or an annulment. She wants to see if there are any "monetary" options. $$$

Edited October 3, 2008 by kid brooklyn

[john_and_marlene 162]

Pushbark,

As should be abundantly clear, she is in a DILEMMA. She doesn't know what to do. We are trying to help her out of that dilemma by finding out what her options might be. Then she can think it over and decide. It's all part of the decison making process, understand? The only thing I"m finding out about most of the suggested options is that so far we haven't heard from anyone with real knowledge in this type of case. I appreciate the effort but we need some hard information from some experienced or just knowledgeable people who can cite actual cases. If you don't have that, that's fine; there is really no need to respond.

Q.

AND BACK TO SQUARE ONE.............(Pushbrk, we tried)....

You aren't hearing options besides do nothing or an annulment because there really aren't any. As crappy as the situation is, she has no monetary claim. She can't force the husband to obtain a divorce, which wouldn't be recognized in the PI anyway.

A bit of clarification is in order here regarding the recognition of divorce in the PI.

If the foreign spouse files for the divorce and it is granted, the Philippines will recognize the divorce and the Philippine citizen can regain the capacity to remarry.

If the Philippine citizen files for the divorce, it is not recognized in the Philippines.

So, if she can get her USC husband to file the divorce or can get a copy of a divorce decree that he may have obtained, it would be recognized.

[wowswift 3]

Yeah, she doesn't have many options. She isn't even a K-3 wife if nothing was ever sent. Many things could've happened since she hasn't had contact with him, it seems. He could've already divorced her in the US. Since they haven't lived together, there is no way to get anything from him since the whole reason people get alimony is because they wish to maintain the status of live they've gotten used to while living with the husband. Unless they had a child, then of course there are child support options, but it doesn't look like that is the case either. Is there no way to contact this guy? If I were her, I'd just file for annulment and move on with my life.

[tedjen 0]

Pushbark,

As should be abundantly clear, she is in a DILEMMA. She doesn't know what to do. We are trying to help her out of that dilemma by finding out what her options might be. Then she can think it over and decide. It's all part of the decison making process, understand? The only thing I"m finding out about most of the suggested options is that so far we haven't heard from anyone with real knowledge in this type of case. I appreciate the effort but we need some hard information from some experienced or just knowledgeable people who can cite actual cases. If you don't have that, that's fine; there is really no need to respond.

Q.

AND BACK TO SQUARE ONE.............(Pushbrk, we tried)....

You aren't hearing options besides do nothing or an annulment because there really aren't any. As crappy as the situation is, she has no monetary claim. She can't force the husband to obtain a divorce, which wouldn't be recognized in the PI anyway.

A bit of clarification is in order here regarding the recognition of divorce in the PI.

If the foreign spouse files for the divorce and it is granted, the Philippines will recognize the divorce and the Philippine citizen can regain the capacity to remarry.

If the Philippine citizen files for the divorce, it is not recognized in the Philippines.

So, if she can get her USC husband to file the divorce or can get a copy of a divorce decree that he may have obtained, it would be recognized.

Yes, I agree. Here's what Family Code of the Philippines states:

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)

[tedjen 0]

^^ But the problem is she doesn't know where her husband resides now. If she knows someone in the US, and maybe she knows what state and city her husband last resides, she maybe can ask that person to know for her if there's a divorce filed. Otherwise, she can file here in PI a declaration to nullify marriage or an annulment. As I've said from my earlier posts, she can hire a lawyer for free (Public Attorneys Office).