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Philippines Annulment and Lawyer Help!

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Filed: Timeline

Need Help!

My pinay girlfriend has been fighting an ongoing battle with the Philippines courts for an uncontested annulment for some time now. We obviously cannot proceed with any efforts for her to come here without some resolution on this. After a few roadblocks, such as a bogus lawyer delaying and not filing appropriately, etc, she made it through a year-long court proceeding to get annulled. Result returned last week as denied, sadly. We are at an impasse as to what our next move is.

Options we are considering are the following, but we are certainly wide open to other suggestions:

1. Wait a few weeks, and refile with another jurisdiction. Start over and hope for a better result. Her current lawyer estimates that costs for doing this will run somewhere in the neighborhood of 200,000php for his services, but additional costs would be 100,000php+ (psychiatrist, witnesses, bribe/padulas money, etc). This total of 300,000 seemed a bit high to me---is this a reasonable amount, or should I be looking for a different lawyer? If so, I'd love to hear recommendations....we are in the ilocos/luzon area, so lawyers in this vicinity with good reputations for results would be appreciated and warmly welcomed.

2. File an immediate appeal. This would cost a relatively paltry 50,000php. The ominous downside seems to be that it is uncertain how long an appeal would take. The lawyer has cautioned that an appeal can be mired in the court system for years, without result, and impeding any other options.

3. I'd love to find a third option that is more effective at obtaining a proper annulment, but any option that provides a better chance would be most welcome.

I would be grateful for any and all input or suggestions. We are at our wits' end on what our best and wisest move would be. Thanks in advance for any help and advice.

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Filed: Timeline

Fly her to Mexico and have her file for a divorce there, the US honors their divorce

as long as its legit, so you have to get a credible divorce there, I really don't

know if theres prior resident requirements, but you can call their consulate to ask,

also she'd get a vacation & a chance for you both to be together....seem cheaper

than to re-do the process there with probably another denial

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The original poster in this thread (http://www.visajourney.com/forums/topic/539787-filipina-wife-now-usc;-hkg-divorce;-risk-in-traveling-to-phils/) filed for divorce in Hong Kong and was able to go through the K-1 visa process after at the US Embassy Manila.

She's now a US CItizen. Read through the thread and maybe contact the OP to she what she did and note the things I and others are pointing out.

Mexico is way too damn far away.

"Ad Astra Per Aspera"

"Audentes Fortuna Adiuvat"

==========

Dec 11, 2014 - Filed I-130 via DCF @ US Embassy Manila (...and we're on the clock...) - Read about my experience filing DCF here > http://www.visajourney.com/forums/topic/527064-filed-dcf-i-130-for-ir-1-at-us-embassy-manila-aar/

Dec 11, 2014 - NOA1: Not sure what to put here, Dec 11, 2014, Dec 24, 2014 or something in between.

Dec 24, 2014 - NOA2: I called USCIS @ USEM on Jan 5, 2015 and was told the I-130 was approved on Christmas Eve. Thank you Santa!

Jan 13, 2015 - MNL Case Number & Packet 3 Received via email (I emailed the IV Unit-Manila requesting these on Jan 5, 2015 and Jan 12, 2015)

Jan 21, 2015 - NOA2: Mailed (via PhilPost!) paper/hard copy delivered to our place here in Manila.

Jan 22, 2015 - Packet 3: Mailed (again via PhilPost!) paper/hard copy delivered to out place here in Manila.

Feb 24 & 25, 2015 - Day 1 & Day 2 of Medical @ SLEC. Immunizations given on Day 2, thankfully

Mar 5, 2015 - USEM Interview Appointment - IR-1 Visa Approved! (CEAC Status updated to ISSUED afternoon of interview day)

Mar 10, 2015 - 3pm - Received SMS saying IV Package ready for pickup at 2GO MoA. Picked up at 5pm. (Shipped/Picked Up/In Hand on 3rd Business Day post interview)

Mar 13, 2015 - CFO Manila - Done

==========

Now disposing/selling/giving away/shipping to the US stuff from 14 years in the PHL and 4 years together before heading to POE.

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Filed: AOS (pnd) Country: Philippines
Timeline

Fly her to Mexico and have her file for a divorce there, the US honors their divorce

as long as its legit, so you have to get a credible divorce there, I really don't

know if theres prior resident requirements, but you can call their consulate to ask,

also she'd get a vacation & a chance for you both to be together....seem cheaper

than to re-do the process there with probably another denial

I doubt she can get a Visa to Mexico. If people from Philippines were able to go to Mexico they would just pay a few thousand dollars and get a coyote to bring some USA City

She can get a into Brazil without a visa just using her Philippines passport, but then she still with have to deal with getting a clear CENOMAR

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Filed: AOS (pnd) Country: Philippines
Timeline

Nope, don't need a clear CENOMAR, just need a divorce.

So you if can't get a CENOMAR you can show a divorce decree and the US Embassy will accept that if you are Citizen Of PHilippines.......

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Filed: Other Country: Philippines
Timeline

So you if can't get a CENOMAR you can show a divorce decree and the US Embassy will accept that if you are Citizen Of PHilippines.......

Correct. I know of a fair number that have done this. CENOMAR (CEMAR) showed the person to be married, but they provided a divorce decree and all went well.

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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If that poster I linked to that's worried about getting charged with bigamy is for real, looks like they would if it's real divorce.

"Ad Astra Per Aspera"

"Audentes Fortuna Adiuvat"

==========

Dec 11, 2014 - Filed I-130 via DCF @ US Embassy Manila (...and we're on the clock...) - Read about my experience filing DCF here > http://www.visajourney.com/forums/topic/527064-filed-dcf-i-130-for-ir-1-at-us-embassy-manila-aar/

Dec 11, 2014 - NOA1: Not sure what to put here, Dec 11, 2014, Dec 24, 2014 or something in between.

Dec 24, 2014 - NOA2: I called USCIS @ USEM on Jan 5, 2015 and was told the I-130 was approved on Christmas Eve. Thank you Santa!

Jan 13, 2015 - MNL Case Number & Packet 3 Received via email (I emailed the IV Unit-Manila requesting these on Jan 5, 2015 and Jan 12, 2015)

Jan 21, 2015 - NOA2: Mailed (via PhilPost!) paper/hard copy delivered to our place here in Manila.

Jan 22, 2015 - Packet 3: Mailed (again via PhilPost!) paper/hard copy delivered to out place here in Manila.

Feb 24 & 25, 2015 - Day 1 & Day 2 of Medical @ SLEC. Immunizations given on Day 2, thankfully

Mar 5, 2015 - USEM Interview Appointment - IR-1 Visa Approved! (CEAC Status updated to ISSUED afternoon of interview day)

Mar 10, 2015 - 3pm - Received SMS saying IV Package ready for pickup at 2GO MoA. Picked up at 5pm. (Shipped/Picked Up/In Hand on 3rd Business Day post interview)

Mar 13, 2015 - CFO Manila - Done

==========

Now disposing/selling/giving away/shipping to the US stuff from 14 years in the PHL and 4 years together before heading to POE.

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Filed: AOS (pnd) Country: Philippines
Timeline

Correct. I know of a fair number that have done this. CENOMAR (CEMAR) showed the person to be married, but they provided a divorce decree and all went well.

:thumbs:

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Filed: Timeline

Manilaraf, thx for turning me to that poster about hong kong. Sounds promising, I've pm'ed and hopefully he will give me some advice and heads up about how that worked for them.

Thanks everyone for the ideas and suggestions. Yall are helping to "get the wheels turning" for me!

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Manilaraf, thx for turning me to that poster about hong kong. Sounds promising, I've pm'ed and hopefully he will give me some advice and heads up about how that worked for them.

Thanks everyone for the ideas and suggestions. Yall are helping to "get the wheels turning" for me!

We ask that you return and give us your findings so we can learn and others who will follow. Good Luck

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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  • 1 month later...
Filed: Country: Virgin Islands
Timeline
I am looking for an Attorney,
Thank you for your help
I am a US citizen. I was married in the Philippines and I brought my ex wife to US.
I got a divorce in the US 5 years ago.
Can you please help me get an annulment in the Philippines?
I am disabled and I have a limited income.
Could I please get a discount?
Do I have to go to Philippines to get an annulment?
How about recognition of my divorce in US by the Philippines?
Does my ex wife have to go back to the Philippines to do this?
How long does it take to get an annulment ?
thank you
cleardot.gif
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I am looking for an Attorney,
Thank you for your help
I am a US citizen. I was married in the Philippines and I brought my ex wife to US.
I got a divorce in the US 5 years ago.
Can you please help me get an annulment in the Philippines? You do not need an annulment as you are a USC. Only Filipino's must avail themselves to annulments (or Muslim divorce)
I am disabled and I have a limited income.
Could I please get a discount?
Do I have to go to Philippines to get an annulment? No, as you are free to marry another Filipino if you so desire and do not require an annulment to remarry.
How about recognition of my divorce in US by the Philippines? Will you remarry in the Philippines? Maybe. If you marry in the US then no recognition of your divorce need to be filed.
Does my ex wife have to go back to the Philippines to do this? If you filed against her then she needs to complete the necessary paperwork and pass it through the proper judicial channels in the Philippines. She does not need to be present but she should have a family member help her.
How long does it take to get an annulment ? Who needs an annulment?
thank you
cleardot.gif
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Other Country: Philippines
Timeline
I am looking for an Attorney,
Thank you for your help
I am a US citizen. I was married in the Philippines and I brought my ex wife to US.
I got a divorce in the US 5 years ago.
Can you please help me get an annulment in the Philippines?
I am disabled and I have a limited income.
Could I please get a discount?
Do I have to go to Philippines to get an annulment?
How about recognition of my divorce in US by the Philippines?
Does my ex wife have to go back to the Philippines to do this?
How long does it take to get an annulment ?
thank you
cleardot.gif

As said already, as a USC you do not need to pursue an annulment, the divorce decree is all that you need. Save your money and move on... you are done.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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