my wife is in us and her kids are in philippines

[Deputy Purple 1,294]

Now would this be different if just my wife took the children by herself without me going to the CFO with them? They would consider her as their mother with a US greencard. If they sre still considering her maried to her x she would have in her hands a document stating he gave his consent for his children to permenantly immigrate to the USA. Would the childrens Visa's state that they are for step children? Or would it help if my wife and her x went together to the CFO because the Philippines still recognizes them as married because they will not acnowledge their US divorce?

I wasn't with my wife so it would be the same situation.

The children's Visa will list you as the petitioner and CFO will ask who that person is. What will she answer?

[shockazulu 0]

I wasn't with my wife so it would be the same situation.

The children's Visa will list you as the petitioner and CFO will ask who that person is. What will she answer?

If she answered that I am her husband in the USA would that cause them to deny giving her her CFO stamp? I thought there job at the CFO was to educate immigrants on their rights and the customs of the country they are immigrating to? They were created to encurage immigration not prevent it... How do they suddenly have the job to force Philippine born citicens to not be allowed to leave their country?

[skiptex 225]

the wife has been in USA for 4 years.. and has a 4 yr old kid.. wow.. must have been hard to leave a newborn

Edited January 17, 2012 by skiptex

[Deputy Purple 1,294]

If she answered that I am her husband in the USA would that cause them to deny giving her her CFO stamp? I thought there job at the CFO was to educate immigrants on their rights and the customs of the country they are immigrating to? They were created to encurage immigration not prevent it... How do they suddenly have the job to force Philippine born citicens to not be allowed to leave their country?

The Philippine Government has total control of their Citizens' ability to leave the country.

As a Government Agency wouldn't you expect them to follow Government regulations?

Right or wrong your wife has basically done and end-run around the requirements of her Government to marry you. As A Filipino the proper procedure would have been to get an Annulment in the Philippines but she chose to not do that.

The Philippine Government will NOT recognize your marriage so I wouldn't expect them to issue CFO stickers to the kids based on you being their step-father as the Philippine Government doesn't see that relationship.

It's just like they wouldn't issue a CFO sticker for a K-1 Visa holder who is still married in the Philippines despite having a Hong Kong divorce from her Filipino husband (a real thread on VJ from the last 2 years). To the Philippine Government your wife's current marriage is bigamist and therefore invalid.

She may get lucky but do you really want to depend on Luck?

[shockazulu 0]

the wife has been in USA for 4 years.. and has a 4 yr old kid.. wow.. must have been hard to leave a newborn

Yes it was and is hard for her. I believe it went like this. She got her tourist visa 5 or 6 years ago. She visited a few months to the USA then went back. She came back to the USA a 2nd time with a work permit and worked sending all her money home. She got the permit to work right after the 4 year old was born. While working in the USA for her family she found out her x had cheated on her and had moved his girlfriend into her house with her kids. Her family went and got her kids and moved them with one of her sisters in the Philippines. This is where the girls have lived for the past 3 to 4 years while my wife continued to work in the USA to send the money home now to her sister though. She went with her sister who lives here in the USA 2 years ago to get them and bring them here to the USA. But it was a botched plan with her sister thinking she knew what she was doing. After they got there they found out that it wasn't going to be possible to get whatever papers they needed within 1 month. So now this time when me and my wife go to get the girls I want to be sure we have all the papers we need ready before we even get on a plane to pick them up.

This is why I am here, to learn everything I can to have everything ready. I don't want to have any un expected problems to happen. And I want to do everything I can do now to speed up the process or at least not miss something now that could slow down the process later.

[shockazulu 0]

The Philippine Government has total control of their Citizens' ability to leave the country.

As a Government Agency wouldn't you expect them to follow Government regulations?

Right or wrong your wife has basically done and end-run around the requirements of her Government to marry you. As A Filipino the proper procedure would have been to get an Annulment in the Philippines but she chose to not do that.

The Philippine Government will NOT recognize your marriage so I wouldn't expect them to issue CFO stickers to the kids based on you being their step-father as the Philippine Government doesn't see that relationship.

It's just like they wouldn't issue a CFO sticker for a K-1 Visa holder who is still married in the Philippines despite having a Hong Kong divorce from her Filipino husband (a real thread on VJ from the last 2 years). To the Philippine Government your wife's current marriage is bigamist and therefore invalid.

She may get lucky but do you really want to depend on Luck?

Can she still get a unnalment done while she is here in the USA? How long would a annulment take? After that it would be easy for us to get married again. I just hope an annulment wouldn't take very long....

[Deputy Purple 1,294]

Can she still get a unnalment done while she is here in the USA? How long would a annulment take? After that it would be easy for us to get married again. I just hope an annulment wouldn't take very long....

How would you get married again? Neither of you is free to legally marry...

FWIW, $ can make the annulment process faster but I do believe she'll have to appear in person. Maybe she could get her Filipino husband to file for the annulment and it can be processed in her absence. Of course you would be expected to cover the cost of the Annulment.

[sunandmoon 450]

Yes it was and is hard for her. I believe it went like this. She got her tourist visa 5 or 6 years ago. She visited a few months to the USA then went back. She came back to the USA a 2nd time with a work permit and worked sending all her money home. She got the permit to work right after the 4 year old was born. While working in the USA for her family she found out her x had cheated on her and had moved his girlfriend into her house with her kids. Her family went and got her kids and moved them with one of her sisters in the Philippines. This is where the girls have lived for the past 3 to 4 years while my wife continued to work in the USA to send the money home now to her sister though. She went with her sister who lives here in the USA 2 years ago to get them and bring them here to the USA. But it was a botched plan with her sister thinking she knew what she was doing. After they got there they found out that it wasn't going to be possible to get whatever papers they needed within 1 month. So now this time when me and my wife go to get the girls I want to be sure we have all the papers we need ready before we even get on a plane to pick them up.

This is why I am here, to learn everything I can to have everything ready. I don't want to have any un expected problems to happen. And I want to do everything I can do now to speed up the process or at least not miss something now that could slow down the process later.

Can she still get a unnalment done while she is here in the USA? How long would a annulment take? After that it would be easy for us to get married again. I just hope an annulment wouldn't take very long....

I believe she would have to return at least once to the Philippines for an annulment. I think she would need to appear at a pre-trial conference and at least once to give testimony.

with her situation, this is where some people get into trouble. having a relative who knows how to do it. from the beginning, she should of had an immigration attorney who also is knowledgeable in Philippine laws and procedures. at this point, you might want to consult such an attorney who can advise you and give you your best options.

Edited January 17, 2012 by sunandmoon

[shockazulu 0]

I believe she would have to return at least once to the Philippines for an annulment. I think she would need to appear at a pre-trial conference and at least once to give testimony.

with her situation, this is where some people get into trouble. having a relative who knows how to do it. from the beginning, she should of had an immigration attorney who also is knowledgeable in Philippine laws and procedures. at this point, you might want to consult such an attorney who can advise you and give you your best options.

How about if I adopt the children wouldent that be a much faster process? I know normaly it is quicker to bring the children as a step children. But in this case maybe that is the best choice for speed since the other route looks like a longer and more complicated process due to the factors we now face.

[Deputy Purple 1,294]

How about if I adopt the children wouldent that be a much faster process? I know normaly it is quicker to bring the children as a step children. But in this case maybe that is the best choice for speed since the other route looks like a longer and more complicated process due to the factors we now face.

Nope, the adoption for immigration won't work as they're not orphans.

The normal process would be they come on CR/IR-2 Visas, then you do a step-parent adoption and they become US Citizens as a result of the adoption.

The bottom line is that by doing the end-run around Philippine Law you guys have created a cluster%$ of potential issues with getting the kids here.

[aaron2020 11,651]

How about if I adopt the children wouldent that be a much faster process? I know normaly it is quicker to bring the children as a step children. But in this case maybe that is the best choice for speed since the other route looks like a longer and more complicated process due to the factors we now face.

Adoption in the Philippines is not easy. The US has very strict rules about adoption and gaining an immigration benefit. Generally, no immigration rights can be granted if both biological parents are alive. In addition, it would cut off the biological father's legal relationship with his kids - how is he going to react if you tell him that the adoption will prevent his kids from petitioning him because legally he will no longer be their father and can never make any decisions for them?

[sunandmoon 450]

How about if I adopt the children wouldent that be a much faster process? I know normaly it is quicker to bring the children as a step children. But in this case maybe that is the best choice for speed since the other route looks like a longer and more complicated process due to the factors we now face.

not an option....

Intercountry Adoption of a Child from the Philippines

The Immigration and Nationality Act, section 101(b)(1)(G), in part, defines "child”as:

4.Adoption abroad or custody abroad for U.S. adoption must be by the U.S. citizen and spouse jointly, or an unmarried U.S. citizen at least 25 years old as of the filing date of the petition.

5.The child's natural parents (or parent, in the case of a child who has one sole or surviving parent because of the death, disappearance, abandonment, or desertion by the other parent), or other persons or institutions that retain legal custody of the child, have freely given their written irrevocable consent to the termination of their legal relationship with the child and to the child's emigration and adoption.

6.If a child has two living natural parents, the natural parents are incapable of providing proper care for the child.

7.The purpose of the adoption is to form a bona fide parent-child relationship; the child’s relationship with the natural parents has been terminated

Domestic Adoptions

U.S. citizens residing in the Philippines who are interested in adopting a Filipino child through the Philippine Courts must meet the following conditions pursuant to Philippine adoption law:

•Be resident in the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the adoption decree is entered by the Philippine court.

•Possess a certification of legal capacity to adopt issued by the appropriate government agency from your state of residence.

The Philippines government may waive these requirements in the following cases:

•A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity, as defined under Philippines law; or

•A person who seeks to adopt the legitimate son/daughter of his/her Filipino spouse

( you would not be recognized as her spouse.)

http://manila.usembassy.gov/wwwhadop.html

[shockazulu 0]

I may be wrong but I'm not sure this will be an issue. My husband does not have a CFO sticker in his passport because we did not go through the Manila embassy when he got his visa. He has returned to the Philippines multiple times with his greencard and he has had no issues when trying to leave because of a lack of CFO sticker. I think her actually having a greencard versus a visa in her passport makes the CFO sticker irrelevant. Tell me if I'm missing something that makes these situations different.

Since our biggest issue now looks like it may be getting the CFO stickers for the passport and visa for our children. I am going back and looking at this reply from beejay.

Maybe our situation is like this where we also dont need the CFO sticker?

Am I understanding correctly that the CFO sticker is the system for the Philippines to say that they are or are not approving and allowing one of their citizens to leave their country?

[sunandmoon 450]

Since our biggest issue now looks like it may be getting the CFO stickers for the passport and visa for our children. I am going back and looking at this reply from beejay.

Maybe our situation is like this where we also dont need the CFO sticker?

Am I understanding correctly that the CFO sticker is the system for the Philippines to say that they are or are not approving and allowing one of their citizens to leave their country?

beejays situation is different. the visa was received from the Embassy in UAE. he might have entered the USA directly from UAE. ( i noticed POE was JFK) therefore, since he didn't depart to USA from Philippines, he wouldn't have a CFO sticker in his passport.

The children will need the CFO sticker.

[shockazulu 0]

beejays situation is different. the visa was received from the Embassy in UAE. he might have entered the USA directly from UAE. ( i noticed POE was JFK) therefore, since he didn't depart to USA from Philippines, he wouldn't have a CFO sticker in his passport.

The children will need the CFO sticker.

I see.. Beejay was in the UAE when he started his process to come to the USA just he was born in the Philippines. Now maybe that would make it easier for us to pick up the children from the UAE or Japan instead of picking them up from their home country. This is all sounding just way to complicated. We pay for her x to take the kids on one last family vacation where we all meet and then part ways. Or we pay the x to file an annulment that my wife will not show up for. Her not showing up will actually speed up the process strangely. She also wouldn't want to show up for fear the judge may refuse the annulment and order her to stay with her x. Am I in the twilight zone. Is it also this hard for a USA citizen to leave their own country?