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Filed: Timeline
Posted

Is there anybody out there that is familiar with annulments in the Phil's? My fiancée is trying to get an annulment and having a difficult time doing so. She started her annulment about a year ago and her husband has refused to sign the papers and never shows up for his court dates. I’m looking for someone that can fill me in on what we can do and what power she has to force this threw. I’m not real familiar with the annulment process and my fiancée is not ether...she just follows what her lawyer tells her. Can anybody educate me a little here on how to handle this? Is it impossible for her to get an annulment when her husband won’t sign?

Thanks

Posted
Is there anybody out there that is familiar with annulments in the Phil's? My fiancée is trying to get an annulment and having a difficult time doing so. She started her annulment about a year ago and her husband has refused to sign the papers and never shows up for his court dates. I’m looking for someone that can fill me in on what we can do and what power she has to force this threw. I’m not real familiar with the annulment process and my fiancée is not ether...she just follows what her lawyer tells her. Can anybody educate me a little here on how to handle this? Is it impossible for her to get an annulment when her husband won’t sign?

Thanks

im sorry to hear that things are getting difficult for you and your fiance. I had the same situation before with my annulment but honestly if the other party wont cooporating with your fiance there is no way your girlfriend will get her annulment specially if the husband wont sign.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

She can easily get a signature from her ex husband if she has proof that her husband has abandoned her or maltreat her. Police records if possible. Evidence of her ex cheating on her and stuff like that.

OUR JOURNEY

K-1/K-2

04-04-2006 - NOA1

09-04-2006 - NOA2

09-16-2006 - NVC received

09-26-2006 - Received in MANILA EMBASSY

01-18-2007 - INTERVIEW - -APPROVED

02-02-2007 Zeraline and Zeahne Arrived in Hawaii

AOS

09-18-2008 - Sent AOS Application

09-25-2008 - NOA Received

Filed: Timeline
Posted (edited)

She has not been abused physically but mentally she defiantly has because there was a total lack of caring for her and the kids. He was just there and not part of the family. He cheated on her and that was the last straw. She found this out when she came across a letter from his lover so she left him and that was about three years ago. She has three kids and she left with the two younger ones and left the oldest with the father because that is where he wanted to stay. She didn’t want to force him to leave. Since then her husband has wanted her to come back but she does not want to go back to him...she was married for 14 years and was taken total granted of and getting nothing in return. He doesn’t really care about her....its more like he doesn’t want to loose what he owns is all. He doesn’t even care about his kids...he never calls or visits them.

She has been told by the lawyers she has talked to that she has a good case for an annulment but my lack of knowledge leaves me feeling unsure of where this is heading. I would hate to think that we are heading nowhere because she cannot be free of him!

Edited by ISDE450
Posted
She has not been abused physically but mentally she defiantly has because there was a total lack of caring for her and the kids. He was just there and not part of the family. He cheated on her and that was the last straw. She found this out when she came across a letter from his lover so she left him and that was about three years ago. She has three kids and she left with the two younger ones and left the oldest with the father because that is where he wanted to stay. She didn’t want to force him to leave. Since then her husband has wanted her to come back but she does not want to go back to him...she was married for 14 years and was taken total granted of and getting nothing in return. He doesn’t really care about her....its more like he doesn’t want to loose what he owns is all. He doesn’t even care about his kids...he never calls or visits them.

She has been told by the lawyers she has talked to that she has a good case for an annulment but my lack of knowledge leaves me feeling unsure of where this is heading. I would hate to think that we are heading nowhere because she cannot be free of him!

Hopefully some of the members here that have gone through this process can help you. The way I understand what you have said, she left her husband and he did not abandoned her? She may want to go the route of his infidelities and non-support of the youngest 2 kids. Unfortunately this is a very common theme in the PI. It is a long and expensive process when everyone cooperates, be patient and good luck. Payato

"Better to be hated for who you are than to be loved for who you are not!"

Timeline:

22 Jul 06 - Received NOA-1

18 Sep 06 - Received NOA2 in mail

11 Oct 06 - Case MNL783xxx received by Manila Embassy... guess NVC lied

26 Dec 06 - Received Packet 4

18-19 Jan 07 - Medical complete early, scheduled 8 Feb

19 Jan - CFO completed after SLE shots... have to go back for the stamp after visa approval

15 Feb 07 - Interview Approved

24 Feb 07 - Arrive at Honolulu POE

2 Apr 07 - Married, civil ceremony, mailed AOS

17 Apr 07 - Checks cashed for AOS & AP

22 Apr 07 - Filed Expedite for AP

8 May 07 - Biometrics Appt

8 May 07 - Filed complaint with local USCIS for no action on Expedite request

9 May 07 - AP Expedite approved via email

14 May 07 - received AP I-512L documents in the mail

25 Jun 07 - AOS Interview scheduled but cancelled due to deployment and family emergency

29 Nov 07 - Visited local USCIS to reschedule AOS interview

15 Jan 08 - Local USCIS finally forwards reschedule request after formal complaint

8 Feb 08 - Received new Interview date

28 Mar 08 - AOS Interview ..investigation reopened due to incorrect birthdate that was identified 05/07

16 Apr 08 - CRIS Notice of GC approval and welcome notice via email

25 Apr 08 - GC received finally!

15 Jan 10 - Mailed Lifting of Conditions Package

19 Jan 10 - Package received at VT USCIS

22 Jan 10 - Checked cashed by USCIS

26 Jan 10 - Received NOA dated 20 Jan 10

29 Jan 10 - Received NOA for Biometrics

Posted
Is there anybody out there that is familiar with annulments in the Phil's? My fiancée is trying to get an annulment and having a difficult time doing so. She started her annulment about a year ago and her husband has refused to sign the papers and never shows up for his court dates. I’m looking for someone that can fill me in on what we can do and what power she has to force this threw. I’m not real familiar with the annulment process and my fiancée is not ether...she just follows what her lawyer tells her. Can anybody educate me a little here on how to handle this? Is it impossible for her to get an annulment when her husband won’t sign?

I went through an annulment and my husband never cooperated. It is better to have a non-cooperative ex-husband than a spouse who fights it out in court as this can drag the case for years.

An uncooperative ex do not need to sign anything for your fiancee to get an annulment. Court papers that are served may be received and signed for by any family members who live with him. Or if they too refuse to receive the court papers, the sheriff can state "refused to receive and sign" and just leave the documents in the mailbox. After the court gives the ex ample time to file an answer or rebuttal and he does not respond, the case will be deemed ready for resolution after a period of time. Your fiancee's lawyer should have told her that an uncooperative ex is not a problem. A case can be won if one party is in default or the ex can be declared in contempt of court. There are many ways to win a case if her lawyer is smart. If the basis for annulment is psychological incapacity, a psychologist needs to interview the ex but if he refuses the interview, the psychologist can interview family members or mutual friends of the couple in lieu of the ex-husband. That's what my lawyer and psychologist did. My marriage is now annulled.

Filed: Timeline
Posted

Is there anybody out there that is familiar with annulments in the Phil's? My fiancée is trying to get an annulment and having a difficult time doing so. She started her annulment about a year ago and her husband has refused to sign the papers and never shows up for his court dates. I’m looking for someone that can fill me in on what we can do and what power she has to force this threw. I’m not real familiar with the annulment process and my fiancée is not ether...she just follows what her lawyer tells her. Can anybody educate me a little here on how to handle this? Is it impossible for her to get an annulment when her husband won’t sign?

I went through an annulment and my husband never cooperated. It is better to have a non-cooperative ex-husband than a spouse who fights it out in court as this can drag the case for years.

An uncooperative ex do not need to sign anything for your fiancee to get an annulment. Court papers that are served may be received and signed for by any family members who live with him. Or if they too refuse to receive the court papers, the sheriff can state "refused to receive and sign" and just leave the documents in the mailbox. After the court gives the ex ample time to file an answer or rebuttal and he does not respond, the case will be deemed ready for resolution after a period of time. Your fiancee's lawyer should have told her that an uncooperative ex is not a problem. A case can be won if one party is in default or the ex can be declared in contempt of court. There are many ways to win a case if her lawyer is smart. If the basis for annulment is psychological incapacity, a psychologist needs to interview the ex but if he refuses the interview, the psychologist can interview family members or mutual friends of the couple in lieu of the ex-husband. That's what my lawyer and psychologist did. My marriage is now annulled.

Thanks that is good news! May I ask how long your annulment took and were there kids involved?

Posted (edited)

Can you get child/spousal support with an annulment? Just curious. I imagine the annulment is due to religious reasons? Or is it easier than divorce?

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Posted
Can you get child/spousal support with an annulment? Just curious. I imagine the annulment is due to religious reasons? Or is it easier than divorce?

There is no divorce in the Philippines

You can find me on FBI

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Detailed Review USCIS Alien Security Checks

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View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

Posted

lol, ok, i had no idea.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

Posted
Thanks that is good news! May I ask how long your annulment took and were there kids involved?

Since I was not in a hurry then to have my marriage annulled, I let it take its normal course and it took 2 years 3 months from start to finish. Annulment in the Philippines can take anywhere from 6 months to 2 years average.

A son was involved and I asked the court for custody which was granted. If there is a child involved in your fiancee’s case, make sure that she is awarded custody otherwise, it would be very difficult to bring the child to the US with her.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

IN OUR CASE RELYN AND I.....THE ANNULMENT WAS BEGUN IN JANUARY 2006. ITS PAINFULLY SLOW. THE MAN THAT RELYN MARRIED 7 YEARS AGO LEFT THEM ABOUT 6.5 YEARS AGO AND HAS NOT BEEN PART OF THE FAMILY SINCE THEN. HER SON DOESNT EVEN KNOW HIM. HE HASNT BEEN PART OF THIS PROCESS OF ANNULMENT. YES ITS POSSIBLE TO GET ANNULMENT WITHOUT SPOUSE SIGNING OFF ON IT. IN RELYNS CASE HE HASNT BEEN PART OF ANNULMENT (SIGNED OR SHOWN UP TO ANSWER PETITION OF ANNULMENT).

AS IM TYPING THIS RELYN WAS TODAY AT "PRETRIAL CONFERENCE" WITH PROSECUTOR, JUDGE AND OUR ATTORNEY. THERE WERE OTHER PEOPLE AND SHE WAS A BIT INTIMIDATED BUT ALL WENT WELL.........BEST PART IS THE JUDGE AND PROSECUTOR ARE WOMEN AND LIKELY TO BE SYMPATHETIC TO OUR CASE. ALSO SOLICITOR GENERAL IS A WOMAN. AS I UNDERSTAND IT WHEN ANNULMENT IS APPROVED BY JUDGE IT THEN GOES TO SOLICITOR GENERAL WHO CAN DENY. I LIKE THAT WOMEN ARE ALL OVER OUR CASE.

WE HAVE DATES FOR REST OF PROCESS........SHE HAS HEARING MARCH 12,19,26. BY GOD I HOPE THAT DOES IT.....IT WILL BE 15 MONTHS BY THEN. ITS ACTUALLY IN THE BALLPARK OF HOW LONG IT TAKES.

AS FAR AS COST. WE TALKED TO ATTORNEY WHO WANTED 250,000 PESO. THEN ANOTHER ATTORNEY WHO IS ASSOCIATED WITH RELYN'S FATHERS EMPLOYER. HE WANTED 160,000. AFTER TALKING WITH HIM WE DECIDED HE ALSO WOULD BE BEST FOR US. 160,000 IS ABOUT $3200.00

4 september 2005.....relyn and patrick chat on filipina heart for first time

19 december 2005....patrick flies to meet relyn and m'r (son) for first time

24 decemeber 2005.....we are ENGAGED!

25 december 2005....we fly to boracay. patrick and relyn exchange wedding rings on plane....lol but true

3 january 2006....we meet with attorney to discuss annulment of relyn marriage.

(husband absent for 6 years)

20 august 2006.......patrick returns to philippines

21 august 2006......patrick birthday

28 august 2006......we travel to baguio city till september 5

4 september2006....we celebrate in bagiou our 1st year anniversary of knowing each other.

10 september2006.....patrick back in u.s

19 april 2007....back together for another trip

21 april 2007....we travel to province relyn and family are from for a chance for me to meet extended

family. we are there for more than a week.

7 may 2007....return to the u.s.a.

JULY 2007.....annulment sent to judge desk awaiting decision

OCTOBER 2007.........JUDGE GRANTS ANNULMENT......YIPPEE GETTING CLOSE TO FILING I129F

31 december 2007 I29f sent via US postal priority mail

4 January 2008 NOA1

6 MAY 2008 NOA2 (GUESS THE TOUCH WAS A REALLY GOOD TOUCH)

10 MAY 2008 RECEIVE HARD COPY I-797 NOA2 IN SNAIL MAIL

22-23 may 2008-early medical(passed)

22-27 may 2008-son's medical....very long bcoz of tuberculin test

20 june 2008-my patrick visit me again for 4time

23 june 2008-interview u.s.embassy

27 june 2008-got my visa yipeee so quick!

2 july 2008- fly in tacoma wa, with my patrick and son

Posted
Is there anybody out there that is familiar with annulments in the Phil's? My fiancée is trying to get an annulment and having a difficult time doing so. She started her annulment about a year ago and her husband has refused to sign the papers and never shows up for his court dates. I’m looking for someone that can fill me in on what we can do and what power she has to force this threw. I’m not real familiar with the annulment process and my fiancée is not ether...she just follows what her lawyer tells her. Can anybody educate me a little here on how to handle this? Is it impossible for her to get an annulment when her husband won’t sign?

Thanks

My fiancee had to prove his psychological incapacity. This was done by our hiring a psychologist to prove her capacity and the husband was never interviewed. It was costly but worth it. She then had many court hearings but eventually received the anullment. It is totally backwards over there compared to what we are used to. None of it ever makes any sense but if you jump through all the hoops it can be done. Good luck!

Posted
Is there anybody out there that is familiar with annulments in the Phil's? My fiancée is trying to get an annulment and having a difficult time doing so. She started her annulment about a year ago and her husband has refused to sign the papers and never shows up for his court dates. I’m looking for someone that can fill me in on what we can do and what power she has to force this threw. I’m not real familiar with the annulment process and my fiancée is not ether...she just follows what her lawyer tells her. Can anybody educate me a little here on how to handle this? Is it impossible for her to get an annulment when her husband won’t sign?

Thanks

My fiancee had to prove his psychological incapacity. This was done by our hiring a psychologist to prove her capacity and the husband was never interviewed. It was costly but worth it. She then had many court hearings but eventually received the anullment. It is totally backwards over there compared to what we are used to. None of it ever makes any sense but if you jump through all the hoops it can be done. Good luck!

M fiance and husband had seperated for over 5 years. He claimed he didn't know if he wanted to be with a man or woman. She found an attorney through a friend at work in downtown Angeles City who processed her annulment in 5 months. It cost me 1500.00 US. In regards to the timeline and money(knowing it could well cost more and take much longer), I thought it was a great deal for the money involved. We filed for it in April this year. Her annulment was complete in August of this year. This was no sham. If anyone wants the name and number of the attorney just contact me here and I'll give it to you. Good luck.

I-129F Sent 6/20/06

I-129 Received and Sent to CSC 7/3/06

NOA1 7/15/06

IMBRA 9/12/06

RFE 10/1/06

NOA2 11/28/06

NOA2 Received 12/5/06 through snail mail FINALLY

waiting on NVC to receive docs from CSC

NVC received docs and sent to Manila embassy 12/12/06 MNL2006XXXXXX

US Embassy in MNL has case in database waiting for docs 12/15/06

US Embassy received case 12/19/06

April 4th Interview date

 
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