Presumptive Death-Philippines

[kirk and Jenny 0]

It seems the presumptive death route to end marriage has been used for convienance and individuals in contact with their spuses have used it in the Philippines. It seems like the embassy views presumptive death with a presumption of fraud. Jenny was called back for a second interview, where they kept making promises that she could come to the USA is she would just admit that she had contact with her husband. The trouble was is Jenny has had no contact with him in years. He literally disappeared. They said they would contact her in one to two months, so we are hoping. Annulment I believe is out of the question because I believe, if he is alive, that we would have to serve him which is difficult when someone has dropped off the face of the earth.

If you can find your spouse, annullment might work especially if he is not supporting you and/or your child. (Emotional immaturity). When I researched this out as I was trying to find Jenny's husband when I first met her, a Gaum divorce was a possibility. At that time in Guam if 2 individuals agreed, neither have to show up for the divorce. I think that has changed. If you have gone the presumptive death route, what I think helps you is a showing that you and your spouse had a good relationship until he disappeared. Pictures of them and letters are things that should be brought to the embassy.

I hope this helps.

The good news she gave was that everyone who had not been married before seemed to get approved.

Off hand does anyone have the phone number for the embassy, that can be called from the USA. I plan to give the embassy a call later this week.

[Pinay Wife 47]

The number to call if calling from the US is 011-63-2-528-6300 ext. 5184

I'm sorry to hear about your situation Kirk. We wondered about you and Jenny in our Manila thread. I seldom venture out of our thread so I did not see your earlier post in the K1 forum.

I hope the embassy gives her the visa soon.

I wish you both the best of everything.

[Pinay Wife 47]

Annulment I believe is out of the question because I believe, if he is alive, that we would have to serve him which is difficult when someone has dropped off the face of the earth.

Kirk, anulment is still possible. Summons can be served by publishing in widely circulated newspapers according to the Philippines' Rules of Civil Procedure.

SEC. 19. Proof of service by publication. — If the service has been made by publication, service may be proved by the affidavit of the printer, his foreman or principal clerk, or of the editor, business or advertising manager, to which affidavit a copy of the publication shall be attached, and by an affidavit showing the deposit of a copy of the summons and order for publication in the post office, postage prepaid, directed to the defendant by registered mail to his last known address. (21)

Click here for more info http://elibrary.supremecourt.gov.ph/index6...58fee316e39#sam

[kirk and Jenny 0]

Thanks for the information. I appreciate it.

[Dean iWait 0]

Oh man Kirk. I don't know what to say. This is such a difficult situation. I hope everything works out for you and Jenny. Sheryl and I have talked about worst case scenarios. And our plan C would be me immigrating to the Phils. If this is the route you take and you feel like sharing about your experiences I know I and maybe someother members would benefit or at least learn something from it. I hope somehow you can get the annulment completed and then you two could choose which country you wanted to live in. Good luck and God Bless you and Jenny.

[kirk and Jenny 0]

Patiently Waiting, I just looked at your time line and it seems like you have been through quite the ordeal. I wish you good luck.

Dean i Wait-I will keep everyone up on the process here and what happens if I emmigrate. It is so sad that they keep people in love away from each other. I wonder how this centers on the general scheme of life.

[wioombeen 0]

Hello Kirk and jen! Im new to this site. I been reading your forum and I can feel the pain that you went through. We haven't started yet our K-1 visa since I'm still waiting of the Court Decree. I think you can file an annulment using the different reason "psychologically incapacitated". That's the reason I used in filing an annulment to my ex husband. My annulment took only 9 months before I got the decision.

Don't give up!

Donna