Divorce question

[Skeeter 1]

Good luck with that. Is there a reason you haven't attempted to call? I would think a USA call would be easier to make, and certainly cheaper. Or is it just trying to keep a third party out of it as much as possible?

Well, ya, the third party thing but also try to imagine the awkwardness on my part. Also, try to imagine that this guy would remain on the line for 10 more seconds after he learned what this was about. Here's the type of guy I'm learning that he is. I can trace him back to a now defunct business which was an accoustical ceiling tile business. It's been inactive since 2010. The business address listed for that business is tracable to a hotel room. Yup, you heard it here, a hotel room. Wanna go a step further? That same hotel room address is what he listed as his United States address on the Philippine marriage certificate. I contacted that hotel. They told me, "No sir. No one uses our rooms as a business. We are a typical hotel with people in and people out. Surely no one long enough to list us as their business address or to put our address on their marriage papers". I've found his name spelled with a good variety of variations like the first and middle name spelled with no space. His middle name reversed with his first name. I found he reverses his name as well, using his last first and first last. I also found two instances where he had used an ex-wifes name as his own alias. Ya, he was an alias Cathy Scott. However, any and all searches of all types are not showing me anything beyond that defunct business from the earlier 2000's. This is what I'm up against.

Mike

[icebryker 21]

...and the plot thickens!

[Merrytooth 5,748]

Well, ya, the third party thing but also try to imagine the awkwardness on my part. Also, try to imagine that this guy would remain on the line for 10 more seconds after he learned what this was about. Here's the type of guy I'm learning that he is. I can trace him back to a now defunct business which was an accoustical ceiling tile business. It's been inactive since 2010. The business address listed for that business is tracable to a hotel room. Yup, you heard it here, a hotel room. Wanna go a step further? That same hotel room address is what he listed as his United States address on the Philippine marriage certificate. I contacted that hotel. They told me, "No sir. No one uses our rooms as a business. We are a typical hotel with people in and people out. Surely no one long enough to list us as their business address or to put our address on their marriage papers". I've found his name spelled with a good variety of variations like the first and middle name spelled with no space. His middle name reversed with his first name. I found he reverses his name as well, using his last first and first last. I also found two instances where he had used an ex-wifes name as his own alias. Ya, he was an alias Cathy Scott. However, any and all searches of all types are not showing me anything beyond that defunct business from the earlier 2000's. This is what I'm up against.

Mike

Are you same person here?

http://www.visajourney.com/forums/topic/477092-consulate-wants-something-that-is-impossible/

[icebryker 21]

Are you same person here?

http://www.visajourney.com/forums/topic/477092-consulate-wants-something-that-is-impossible/

I think he is. Posted the same court document.

[Merrytooth 5,748]

So the former husband is not actually dead but OP's fiancee had filed for "Presumpitve Death" and presented the court order to the US consulate during K-1 visa interview.. will that constitute a misrepresentation?

[icebryker 21]

"PRESUMPTIVE DEATH" ANNULMENT COULD RESULT IN PRESUMPTIVE DENIAL OF VISA

By: Michael J. Gurfinkel, Esq.

Dear Attorney Gurfinkel:

I was married several years ago, but my husband went to work abroad, and we really haven't communicated that much since then.

I met and fell in love with an American citizen in the Philippines, and we want to get married. I know that I must get my first marriage annulled before I can marry my American boyfriend, and some of my friends are suggesting that I get an annulment based on "presumptive death" of my husband. Do you think it is a good idea to get a presumptive death annulment, and will I encounter problems at the U.S. Embassy once I marry my boyfriend and am petitioned for an immigrant visa?

Very truly yours,

AS

Dear AS:

A presumptive death annulment is where one spouse effectively "disappears," and the spouse left behind does not have any contact nor has any idea of the whereabouts of that missing spouse for at least 4 years. That surviving spouse must go to court and obtain an annulment based on the presumption that the missing spouse is "dead." However, the U.S. Embassy is concerned or suspicious about presumptive death annulments, because in many cases, the spouse who obtained that annulment knows very well that the "dearly departed" spouse is very much alive. Therefore, the supposed legal basis for the annulment is untrue. In such a case, the presumptive death annulment was improperly obtained, and the U.S. Embassy may not give legal recognition to that annulment for purposes of issuing a U.S. visa based on a subsequent marriage to a different spouse.

I had one case where a Filipina was "caught" by the U.S. Embassy with a bogus presumptive death annulment. Like you, she met a U.S. citizen, whom she wanted to marry. She then went to court and obtained an annulment based on the presumptive death of her first husband, whom she had supposedly not seen in several years.

The problem was, that with a court decree declaring the husband "dead," some relatives thought that this might entitle them to some form of inheritance. Other relatives, knowing that the first husband was very much alive, filed papers in court (including a currently dated, notarized affidavit by the "deceased," and pictures of him), challenging the presumptive death annulment.

The Embassy was somehow able to obtain information and documentation that the deceased first husband was alive. (They may have obtained records from the courthouse, the relatives who challenged the annulment may have written a letter to the Embassy, along with a copy of the affidavits, or the Embassy may have contacted relatives of the "deceased" spouse). Accordingly, the Embassy would not issue the visa to that Filipina based on her marriage to her second husband, because she was still married to the first husband, as he was still alive.

Therefore, if you truly know that your current spouse is alive, you should NOT obtain an annulment based on presumptive death, as the Embassy will investigate.

Instead, if you want to terminate your marriage, you should do so based on valid, proper, legal grounds, so that you will not run into problems if your intention is to marry another spouse (for love) and obtain U.S. immigration benefits through that second marriage.

[icebryker 21]

Well, ya, the third party thing but also try to imagine the awkwardness on my part. Also, try to imagine that this guy would remain on the line for 10 more seconds after he learned what this was about. Here's the type of guy I'm learning that he is. I can trace him back to a now defunct business which was an accoustical ceiling tile business. It's been inactive since 2010. The business address listed for that business is tracable to a hotel room. Yup, you heard it here, a hotel room. Wanna go a step further? That same hotel room address is what he listed as his United States address on the Philippine marriage certificate. I contacted that hotel. They told me, "No sir. No one uses our rooms as a business. We are a typical hotel with people in and people out. Surely no one long enough to list us as their business address or to put our address on their marriage papers". I've found his name spelled with a good variety of variations like the first and middle name spelled with no space. His middle name reversed with his first name. I found he reverses his name as well, using his last first and first last. I also found two instances where he had used an ex-wifes name as his own alias. Ya, he was an alias Cathy Scott. However, any and all searches of all types are not showing me anything beyond that defunct business from the earlier 2000's. This is what I'm up against.

Mike

Checked his address (from their marriage certificate).. it is a hotel - California Suites.

[ppihtr123 68]

I can only see 2 solutions.

1. Hire a US Private investigator to search for US records of him divorcing which he may have done without her knowledge. If PI finds divorce record, you are golden. If they do not find record but find the person...get your checkbook out and help him file!

2. file for annulment in PI. as the letter above shows, presumption of death grounds may not work. Look for other reasons to file.

[Skeeter 1]

Super duper news if anyone is still keeping up. We found him and got him to contact my fiance via Yahoo Messenger last night and said he is willing to go the United States divorce route. Agrees they should both be set free and allowed to move ahead with their own lives. This is what he wrote to her last night so they haven't actually spoke yet other than that. She wrote him back in order for them to set a time when then can get together on Messenger and discuss face to face how to go about it now.

So many of you here have been so helpful and supportive and I really appreciate that. Does anyone know where I can look to actually see how the divorce laws read when it comes to the US citizen divorcing a foreign wife. I want to make sure I'm able to tell this man exactly what the law says. I just can't seem to find exactly what I'm lookiing for. Some of you mentioned that this is possible without the foreign spouse ever coming to the states or without her even having to be notified. Is this something that divorce lawyers should be familiar with or do you think they're going to have to search that themselves. I don't know how common this is.

Thanks again for all of your help,

Mike

[Hank_ 9,174]

Divorce laws are state specific, so you should check with the state he resides in. Of course down, dirty, cheap and quick is best ...

[Caryh 5,206]

Super duper news if anyone is still keeping up. We found him and got him to contact my fiance via Yahoo Messenger last night and said he is willing to go the United States divorce route. Agrees they should both be set free and allowed to move ahead with their own lives. This is what he wrote to her last night so they haven't actually spoke yet other than that. She wrote him back in order for them to set a time when then can get together on Messenger and discuss face to face how to go about it now.

So many of you here have been so helpful and supportive and I really appreciate that. Does anyone know where I can look to actually see how the divorce laws read when it comes to the US citizen divorcing a foreign wife. I want to make sure I'm able to tell this man exactly what the law says. I just can't seem to find exactly what I'm lookiing for. Some of you mentioned that this is possible without the foreign spouse ever coming to the states or without her even having to be notified. Is this something that divorce lawyers should be familiar with or do you think they're going to have to search that themselves. I don't know how common this is.

Thanks again for all of your help,

Mike

That's great news!!!

Yep state specific. But many states have no fault divorces, where both parties sign the divorce papers and its done quick and fast. In my own state, unless there's children, there isn't even a court date. You file the papers, they send the results in a 1 to 4 weeks.

[Skeeter 1]

That's great news!!!

Yep state specific. But many states have no fault divorces, where both parties sign the divorce papers and its done quick and fast. In my own state, unless there's children, there isn't even a court date. You file the papers, they send the results in a 1 to 4 weeks.

Ya, Caryh. He is a Florida resident. (haha, so am I but far apart) And yes, we are also a no fault state. I'm wondering, if you might know, let's say, he obtains all the papers, takes them home and fills them out properly. Will he have to "serve" her? Will he have to obtain her signature anywhere? Or does he simply file and POOF, done? What do you think? I know you're not from FL but you do seem to know lots about my subject.

Mike

[Hank_ 9,174]

I see Florida does divorces on the cheap -

http://www.floridasimpledivorce.com/uncontested-divorce-in-florida.html?gclid=CNuNhaC-uLwCFepFMgode2gA9Q

[icebryker 21]

Glad you had a dose of good news Skeet. Keep it coming.

[Skeeter 1]

Glad you had a dose of good news Skeet. Keep it coming.

Thank you Icebryker. That was actually more than a mere dose. It was the whole bottle. It was totally unexpected for him to be so congenial with this.

From reading, I've learned that this divorce, once signed and filed, will be finalized between 20-30 days in Florida. There's a 20 day mandatory wait period after filing, then about 10 days, give or take, to get the papers back. Then of course we'll have to run that all over the place in the Philippines. I don't even know yet what we have to do once she gets her copy of the decree. I feel like I've heard that she then goes to get a lawyer so that they can drag it through the court system where the judge will accept the US divorce as being legitimate and final, or some such wording, and then it's a matter of the NSO after that. Correct?