Philippines - Presumptive death update

[kirk and Jenny 0]

I posted this in the embassy section but thought it might help here.

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. The one difficulty was a very large difference in age. (65 and 20)

[wioombeen 0]

I posted this in the embassy section but thought it might help here.

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. The one difficulty was a very large difference in age. (65 and 20)

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

[wioombeen 0]

Our prayers for both of you...Just keep waiting. Jenny doesn't have to admit that she had contact with her ex-husband. the Embassy sometimes do some tricks to deny your application. Be careful!