Marrying girlfriend who is in US and pending annulment

[asawahs4ever 0]

Hello everyone, this place is mind boggling with all the information and because of that I was hoping one of you guys could make it simple for me.

My fiancee is here on a J-1 VISA (teacher student exchange) and her last year of eligibility will be June of 2013. We've been together for over a year now and she lives with me here in Houston.

She is going to be working on getting an annullment from her husband starting next month back in the Phillipines so we can get married.

First of all, how does she get an annullment, and how long does it take?

Once we are free to marry how long will it take get her status so that she doesn't hve to go back to the Phillipines and can begin her process to becoming a US citizen.

I know she has to get an Adjustment of Status and then her Green Card, but will she have to get her K-1 visa before all of that, or since she's already here inthe US can she go straight to the Adjustment of Status procedure and then on to getting her Green Card?

And if possible, what is the approzimate timeframe for all that we need to do?

And finally, should we get an attorney to help us do all of this, or can we do it on our own?

Sorry for all the questions, it just that I want to make sure we do this right the first time because the last thing I want to do is jeopardize losing the love of my life due to beaurocracy.

Thanks in advance, I can't wait to post our success story on here like the rest of you lucky guys.

[Deputy Purple 1,294]

Annulment in the Philippines is a long drawn-out process. It involves court appearances and such so I doubt she'd be able to complete the process without returning home at least once.

One the other hand, she could file for a divorce here in the US and then marry you and Adjust Status. The only real issue is that the Philippines won't recognize her US divorce.

[LIFE'SJOURNEY 970]

So what happens if the father refuse to allow the kids to migrate?

[Deputy Purple 1,294]

So what happens if the father refuse to allow the kids to migrate?

What kids?

[asawahs4ever 0]

Annulment in the Philippines is a long drawn-out process. It involves court appearances and such so I doubt she'd be able to complete the process without returning home at least once.

One the other hand, she could file for a divorce here in the US and then marry you and Adjust Status. The only real issue is that the Philippines won't recognize her US divorce.

Awesome! And who cares about what the Philippines, she's not going back anyway.

And fortunately for us there aren't any kids.

[sunandmoon 450]

I know she has to get an Adjustment of Status and then her Green Card, but will she have to get her K-1 visa before all of that, or since she's already here inthe US can she go straight to the Adjustment of Status procedure and then on to getting her Green Card?

If she remains in USA and divorce's her husband here. you would not file a fiance petition, once you marry, you would file an I-130 petition and an I-485 (AOS).

And finally, should we get an attorney to help us do all of this, or can we do it on our own?

depends on how sure you are you can do it yourself. if any doubts, get an attorney.

[I AM NOT THAT GUY 5,715]

Different states have different residency requirements, and whether or not you can even get a divorce without mutual consent. Check your state, and shop around in other states as well.

[Deputy Purple 1,294]

Different states have different residency requirements, and whether or not you can even get a divorce without mutual consent. Check your state, and shop around in other states as well.

Most states have a provision for divorcing someone using service via publication if you can't have them served in person...

[rheanick 42]

Awesome! And who cares about what the Philippines, she's not going back anyway.

And fortunately for us there aren't any kids.

Just make sure that the husband does not have intelligent friends with good connections to make you and your wife to be sorry for not following the Philippines law.

[TiklingGuy 211]

So you are trying to marry a woman that is already married. What happens when she marries you and then meets someone else? If she is willing to leave her current husband, then she could do the same to you as well. Dont be surprised if it happens. Hopefully not but with a story like that-who knows.

[TiklingGuy 211]

Your story about your love reminded me of Madonna's story. When Madonna was 19 years old she moved to New York. It was a foreign land to her as she had a dream to find success. She would find a man to bunk up with, not having to pay any bills as she worked on her music. When she was starting to find some beginning success she would shift her lift and dump whoever was around her in order to achieve what she was seeking. When Madonna found her huge success she fired all her boyfriends, managers and screwed over everyone in order to keep her success. I remember reading that about her 5 years ago and after reading your story that was the first thing that came to mind.

[Tahoma 2,292]

So you are trying to marry a woman that is already married. What happens when she marries you and then meets someone else? If she is willing to leave her current husband, then she could do the same to you as well. Dont be surprised if it happens. Hopefully not but with a story like that-who knows.

Your story about your love reminded me of Madonna's story. When Madonna was 19 years old she moved to New York. It was a foreign land to her as she had a dream to find success. She would find a man to bunk up with, not having to pay any bills as she worked on her music. When she was starting to find some beginning success she would shift her lift and dump whoever was around her in order to achieve what she was seeking. When Madonna found her huge success she fired all her boyfriends, managers and screwed over everyone in order to keep her success. I remember reading that about her 5 years ago and after reading your story that was the first thing that came to mind.

Would you kindly point out to me where the OP asked for relationship advice instead of immigration advice?

Thank you in advance.

[sunandmoon 450]

Would you kindly point out to me where the OP asked for relationship advice instead of immigration advice?

Thank you in advance.

:star:

[VanessaTony 3,567]

Awesome! And who cares about what the Philippines, she's not going back anyway.

And fortunately for us there aren't any kids.

She may want to return to her home country at some stage. Failing to follow her home countries laws and returning married to you makes her a bigamist and she can be jailed. Don't be selfish and rush things. Take time to do things right and she will thank you in the end.

[mr and mrs 187]

So you are trying to marry a woman that is already married. What happens when she marries you and then meets someone else? If she is willing to leave her current husband, then she could do the same to you as well. Dont be surprised if it happens. Hopefully not but with a story like that-who knows.

Your story about your love reminded me of Madonna's story. When Madonna was 19 years old she moved to New York. It was a foreign land to her as she had a dream to find success. She would find a man to bunk up with, not having to pay any bills as she worked on her music. When she was starting to find some beginning success she would shift her lift and dump whoever was around her in order to achieve what she was seeking. When Madonna found her huge success she fired all her boyfriends, managers and screwed over everyone in order to keep her success. I remember reading that about her 5 years ago and after reading your story that was the first thing that came to mind.

think it was the second, actually.

ps is there a thread for 'really awesome VJ posts'? because the madonna gem is exactly that.