my wife is in us and her kids are in philippines

[Deputy Purple 1,294]

The only other option is if somehow you can gain legal custody minus adoption fees to go yourself to Philippines and leave your wife in USA or Hong Kong. They will not keep you as an American. They will mess with their own kind and at minimum cost you a lot of money to get out.

O.K. how would I go about doing this option?

I was told earlier in this thread that the addoption route would not be possible.

That isn't going to happen.

Best case if you try that and it goes sideways is the kids aren't allowed past immigration but you are...

Worst case is you end up in a Philippine prison for attempted trafficking of the kids.

Honestly you guys are in this mess because your wife already made on end run around the Philippine Government's rules, the more you try the deeper you can dig the hole and eventually you can get into a situation where the PH gov't may just drop a truckload of dirt on your heads to fill-in the hole (with you still in it).

This is a good time to just stop, catch your breath and start playing by the rules before you make it any worse.

Edited January 20, 2012 by Bob 4 Anna

[shockazulu 0]

Now how about my wifes x who lives in the Philippines with his girlfriend who he wants to marry. He can file for the Philippines to recognize the US divorce right? Him and his girlfriend do not want the children. The children have been living at my wifes sisters for the past 4 years. Her x wants my wife to bring the children to the US also. He will also sign to give the children permission to immigrate to the USA.

Who files for this recognition of the divorce when my wife was the petitioner who filed for the divorce to begin with?

I don't think my wife is the one who can file this petition?

If they recognize the US divorce for him to remarry his girlfriend then my wife should be able to file for the philippines to recognize our marrage.

[Deputy Purple 1,294]

Now how about my wifes x who lives in the Philippines with his girlfriend who he wants to marry. He can file for the Philippines to recognize the US divorce right? Him and his girlfriend do not want the children. The children have been living at my wifes sisters for the past 4 years. Her x wants my wife to bring the children to the US also. He will also sign to give the children permission to immigrate to the USA.

Who files for this recognition of the divorce when my wife was the petitioner who filed for the divorce to begin with?

I don't think my wife is the one who can file this petition?

If they recognize the US divorce for him to remarry his girlfriend then my wife should be able to file for the philippines to recognize our marrage.

The Philippines WILL NOT EVER recognize the US divorce.

If he wants to marry his girlfriend he needs an annulment. Even with that the Philippines won't recognize your marriage to her until she's a US Citizen.

Edited January 20, 2012 by Bob 4 Anna

[pepper 34]

Now how about my wifes x who lives in the Philippines with his girlfriend who he wants to marry. He can file for the Philippines to recognize the US divorce right? Him and his girlfriend do not want the children. The children have been living at my wifes sisters for the past 4 years. Her x wants my wife to bring the children to the US also. He will also sign to give the children permission to immigrate to the USA.

Who files for this recognition of the divorce when my wife was the petitioner who filed for the divorce to begin with?

I don't think my wife is the one who can file this petition?

If they recognize the US divorce for him to remarry his girlfriend then my wife should be able to file for the philippines to recognize our marrage.

A divorce filed by a Philippine national in a foreign country,in this case the USA, will not be recognized in the Philippines. The existence of a valid divorce decree does not automatically entitle the Filipino to remarry in the Philippines. Since divorce is not allowed there they made it a point that for purposes of re-marriage, the divorce validly secured abroad is not automatically recognized.The foreign divorce decree must be judicially recognized and a proper action or petition must be filed in Philippine court. Which means neither your wife and her ex can remarry there. She is considered a bigamist in the Philippines. Excuse my word.

Now about the kids' petition. Though that problem wont affect the petition as a stepfather is considered a 'parent', I agree with Bob4Anna that the problem you might face is to obtain permission for the kids to leave the Philippines based on your petition as their stepfather.

The reason: The Philippines doesn't recognize your current marriage.

Just my two cents. Goodluck!

Edited January 20, 2012 by pepper

[sunandmoon 450]

Now how about my wifes x who lives in the Philippines with his girlfriend who he wants to marry. He can file for the Philippines to recognize the US divorce right? Him and his girlfriend do not want the children. The children have been living at my wifes sisters for the past 4 years. Her x wants my wife to bring the children to the US also. He will also sign to give the children permission to immigrate to the USA.

Who files for this recognition of the divorce when my wife was the petitioner who filed for the divorce to begin with?

I don't think my wife is the one who can file this petition?

If they recognize the US divorce for him to remarry his girlfriend then my wife should be able to file for the philippines to recognize our marrage.

The judicial recognition of foreign divorce does not apply to your wife's situation. if she had been a USC when she divorced her Filipino husband, then it would apply. the Philippine Govt. does not recognize a divorce between Filipino Citizens. your wife received some bad advise from her sister. now you both have to pay the consquences, in regards to the children.

[shockazulu 0]

After my wife becomes a US citizen, would that change things and make it any easier for her x, who lives in the Philippines, to file for the Philippines to recognize the US divorce?

[sunandmoon 450]

After my wife becomes a US citizen, would that change things and make it any easier for her x, who lives in the Philippines, to file for the Philippines to recognize the US divorce?

I could be wrong, even then ex-husband could not use the judicial recognition of foreign divorce...

The Court held further that:

“The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.

http://www.abogadomo.com/archives/971

[Deputy Purple 1,294]

I could be wrong, even then ex-husband could not use the judicial recognition of foreign divorce...

The Court held further that:

"The reckoning point is not the citizenship of the parties at the time of the celebration of the marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.

http://www.abogadomo.com/archives/971

Which is why I recommended they scrap the current petitions and the wife file petitions for the kids. Once she's a USC at CFO there would be no questioning of the marriage to the USC as she's the petitioner. Additionally the kids would become US Citizens upon POE as they'd be in the US on immigrant visas and the biological child of a USC.

[Mountain Climber 186]

Which is why I recommended they scrap the current petitions and the wife file petitions for the kids. Once she's a USC at CFO there would be no questioning of the marriage to the USC as she's the petitioner. Additionally the kids would become US Citizens upon POE as they'd be in the US on immigrant visas and the biological child of a USC.

It is my understanding that unless the children are already LPR in the US at the time their mother is granted her citizenship they will not automatically be US citizens. My wife just got her citizenship. Her two children already here also became US citizens automatically. She still has one child in her homeland. USCIS stated when her child comes here she will have to be a LPR for five years and then she will be eligible to apply for citizenship. Had she come with her mother she would have been a US citizen automatically along with the other children, when her mom received her citizenship. Her mom was eligible in 3 years based on marriage to a US citizen.

Edited January 21, 2012 by Mountain Climber

[Mellow 8]

It is my understanding that unless the children are already LPR in the US at the time their mother is granted her citizenship they will not automatically be US citizens. My wife just got her citizenship. Her two children already here also became US citizens automatically. She still has one child in her homeland. USCIS stated when her child comes here she will have to be a LPR for five years and then she will be eligible to apply for citizenship. Had she come with her mother she would have been a US citizen automatically along with the other children, when her mom received her citizenship. Her mom was eligible in 3 years based on marriage to a US citizen.

The automatic citizenship of the child depends on the child's age (before 21 y.o.) at the time the mother got her citizenship and not on whether the child migrated with the mother or not.

[Deputy Purple 1,294]

She still has one child in her homeland. USCIS stated when her child comes here she will have to be a LPR for five years and then she will be eligible to apply for citizenship. Had she come with her mother she would have been a US citizen automatically along with the other children, when her mom received her citizenship.

How old is the remaining child?

As I understand it the requirement is simply that they are a minor, have a parent who is a US Citizen and are in the us on an Immigrant Visa (therefore a LPR). For example once I adopt Carlo & Gabby they will automatically get Citizenship because they are in the US as LPRs and are minors.

[Brother Hesekiel 2,236]

If the mother is a U.S. citizen, and the children have been "admitted" to the United States via an immigrant visa and become LPRs at the time of admission, they become U.S. citizens a nanosecond later based on the Child Citizenship Act of 2000.

[Deputy Purple 1,294]

If the mother is a U.S. citizen, and the children have been "admitted" to the United States via an immigrant visa and become LPRs at the time of admission, they become U.S. citizens a nanosecond later based on the Child Citizenship Act of 2000.

All you're missing is the requirement that the children of the USC must be a minor (under 18).

[superpotsky 13]

This case is similar withmy father 10 years ago. My father had a tourist visa when he entered US. He divorced my mother in the Philippines (although Philippines does not recognize divorce he went ahead and done it.) My mother signed the divorce paper and sent back to my father. The divorce paper was finalized and he married a US citizen and then he got his green card. In the Philippines they are still considered married since divorce is not recognize however, in USA they are divorced already. My stepmother is USC and she petitioned me when I was 16 now I am in US for 8 years.

[Mango & Peach 0]

I don't have an answer to your question but I do have a question of my own. I have been told that tourist visa for Filipinos is next to imposable. How did she get one?

You'll get one if you have a stable job in the Philippines with good salary and position, meaning you won't dare to find a job in US. Second, you have some properties i.e. car, real estate, which proves that you are established in the Philippines and that you'll definitely return after temporary visit in US.

Singles with no stable/good income/job and family ties usually are denied.