termination of previous marriage

[lovey07 0]

has anyone here used pressumption of death documents as a proof of termination of previous marriage?

will these be acceptable at the interview?did anyone experience any problem at the usem?thanks..

[Dakine 26]

has anyone here used pressumption of death documents as a proof of termination of previous marriage?

oops.

Edited October 1, 2008 by Haole

[sunandmoon 450]

I guess the question is will presumptive death documents be accepted by the Embassy in place of annulment or death certificate.

I've seen this issue in the past. I do not remember the outcome.

Edited October 1, 2008 by Roy and Yazi

[sunandmoon 450]

if I remember the Family code right. with presumptive death, subsequent marriages will be declared void if the proir spouse reappears. maybe should contact an immigration attorney who is familar with the process in Manila.

[sunandmoon 450]

sorry, I do not have a definative answer. hopefully someone will come along who is knowlegable with this situation.

[jom 4]

When you use presumptive death to terminate the marriage, you will be declared a widow when your petition is granted by the court. This process is actually shorter than an anullment, however the court is strict when it comes to the proofs of evidence to be presented . There is a certain period of time. . 4 years under ordinary circumstances and 2 years under extra-ordinary circumstances that you have not heard or seen your husband before you can file the petition. Also, you must prove to the court that you exerted due diligence in trying to contact or locate your husband before you file the petition. If you meet these requirements, go see a lawyer and file the petition.

Presumptive death is one of the ways to terminate the marriage under our laws and as long as it is annotated in your Marriage Certificate, I am sure it will be recognized by the US embassy.

If and if, your husband reappears and you are already here in the US , I believe his reappearence wouldn't matter.

Goodluck to you.

Edited October 1, 2008 by jom

[raquel_1208 1]

I am not sure but I have read long ago from someone who used presumptive death as the reason for termination of marriage and US embassy did not look too kindly on that. They also do their own investigation. My advice is consult a lawyer who have successful annulment cases. Its better to go through lengthy process that will surely terminate the marriage than go through the presumptive death reason that you are not even sure if it will be accepted by US embassy.

[HappyDancer 7]

and remember: USE A LAWYER THAT DOESN'T RIP YOU OFF!!! My friend had tyo spend for so much because she had a scumbag for a lawyer. Good grief!

I am not sure but I have read long ago from someone who used presumptive death as the reason for termination of marriage and US embassy did not look too kindly on that. They also do their own investigation. My advice is consult a lawyer who have successful annulment cases. Its better to go through lengthy process that will surely terminate the marriage than go through the presumptive death reason that you are not even sure if it will be accepted by US embassy.

[Pinay Wife 47]

Many Filipinas now use Presumptive Death as ground to terminate their marriages even if the husband is still alive as it is quicker and less expensive than a regular annulment. The US Embassy now views Presumptive Death as suspicious due to the high number of ladies showing up at interviews with Presumptive Death declarations. I've heard of one who was successful but only because her husband could not be located and also her American fiance was a lawyer so he knew how to handle the situation. She was in AR for weeks and weeks. The others were put in AR and then we never heard from them again.

If a visa applicant is in good faith that her husband is really deceased, she will not have any problems except maybe a few weeks in AR while the embassy investigates. However, if she knows deep in her heart that her husband is still alive, regular annulment is the only way to go. The embassy will definitely do a field investigation. It's not worth risking being accused of fraud and misrepresentation as that would entail a visa denial and a possible lifetime ban.

[ez2007 1]

For me, it is safer to file an annulment. Even with annulment, the people at the embassy can be so nosy about it just like in my case.

[Rocky_nBullwinkle 6]

Presumptive death can be used only as a ground for termination of marriage when the spouse has knowledge that his/her husband is dead, e.g., if the spouse killed in a ship wreck or plane crash and the period in which to file is two years from the time the spouse found out about his/her spouse death. If there is no prior knowledge of death, like when the spouse left the conjugal home and never came back, presumptive death does not apply in this case. The prescriptive period in which to file a case for termination of marriage due to spouse disappeance under ordinary circumstances is four years from the time the spouse left the conjugal home. I hope this will help. -- Marie

[STEPHnRIA 2]

I know someone from here also (VJ) who used presumptive death as grounds for annulment. She filed K1 January 2008, was interviewed June or July 2008 and is now in the US.

[nickoftime 0]

I knew someone who was denied of a K1 visa because she opted to have her hubby declared presumptively dead instead of filing for the nullity of her marriage. Worse, she was found to have committed fraud by the USEM.

Moral lesson: Go for annulment. It's costly but it's worth it.

[ladyinpink 1]

has anyone here used pressumption of death documents as a proof of termination of previous marriage?

will these be acceptable at the interview?did anyone experience any problem at the usem?thanks..

I HAVE FRIEND THEY SAME CASE TO YOU BUT SHE IS DINED THE CONSUL TOLD HER SHE IS LAIR

AND HER CASE IN AR ITS BETTER TO TO FILE ANNULMENT BECAUSE MY FRIEND SHE HIRE THE ATTORNEY

I TOLD HER DON'T BELIEVE IT... HE SCAMBUG TRYING TO GET MORE MONEY TO YOU SHE NEVER LISTEN

NOW WHAT HAPPEN SHE IS DINED TO BE SAFE FILE THE ANNULMENT

[STEPHnRIA 2]

Ok, if you will use "presumptive death" as grounds for annulment, you will also be asked for the death certificate of your ex-spouse. You have to be prepared to give that and it must also be in NSO security paper.