Denied bec of failed to establish evidence that the two of us have met

[MayaLar 0]

This is what I read in my research for presumptive death versus annulment:

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.

Upon the other hand, Article 41 of the Family Code, upon which the trial court anchored its grant of the petition for the declaration of presumptive death of the absent spouse, provides:

Presumptive Death was advised by my lawyer since I haven't heard from him since 1998. After he went home he sent me a divorce papers but he wanted me to pay for it , I don't have resources and money at that time. That was the last time I heard from him and I also didn't response as it was painful for me nor I didn't try to reply since then.

Annulment if I am not mistaken both parties should be in the Philippines and I also asked my lawyer is it better to file presumptive death rather than annulment said that it would be easier and quicker. I really am confuse at this time I am thinking of resuming my petition for annulment rather than presumptive death. Probably because I was confident that this won't be an issue as I paid my lawyer $1200 (P50k in pesos)....

[FCH 1]

this is just strange. you probably met the requirements of presumptive death but still they werent satisfied with it.

as for your title -- denied because of failure to establish that the two of us have met -- i think the whole presumptive death holds the bigger part rather than the establishment of meeting.

its just wierd. you have all it takes to be approved. sorry to hear.

[Cuchita 1]

So get married and apply for a different type of visa, maybe that's what they want you to do to proove is bonafide.

[MayaLar 0]

I am pretty anxious too as which is which.....nevertheless we were still denied. We are still looking on our options...whether to appeal, seek assistance from lawyer or apply another type of visa.

This was really depressing for both of us but I hope that this will make our relationship stronger.

Thank you su much for all of your comment this will be of big help for our next step.

[MayaLar 0]

USCIS does make mistakes and do lose documents. I would suggest that you appeal the decision and in your request to appeal include the list of documents itemized that were submitted with your application. Now, the other question that comes to mind is that you need to prove you have met within the last 2 years. If your meetings were more than 2 years prior to submitting the application then that would lead to a denial. The solution would be to meet and then immediately refile using the proof of this meeting. If your meeting evidence was within the last two years, then definitely appeal the decision.

My fiance visited me March 08, 2008 and stayed here for 2weeks.....

Edited February 13, 2009 by MayaLar

[Deputy Purple 1,294]

Presumptive Death was advised by my lawyer since I haven't heard from him since 1998. After he went home he sent me a divorce papers but he wanted me to pay for it , I don't have resources and money at that time. That was the last time I heard from him and I also didn't response as it was painful for me nor I didn't try to reply since then.

I assume your first marriage was in the Philippines. So he returned home and changed his mind then sent you divorce papers? Ouch!

I could swear I read somewhere that if he files for divorce in UK then the PH Gov't will recgonize the divorce but not if the PH national files.

If the embassy contacted UK and found him alive then they might have doubts about your 'presumptive death' issue.