Going to US to divorce my husband. HELP!

[Tahoma 2,292]

I don't believe that you will find a state in which you meet the residency requirements for divorce in the U.S.  Your only alternative may be to get an annulment in the Philippines.  Abandonment is grounds for an annulment in the Philippines.

 

Keep in mind that you will be required to list your marital status as part of your next petition packet.  If you are still married at that time, you must divulge that fact.  Failure to do so could lead to a ban from the U.S.

 

[Boiler 45,292]

As I understand it you do not have to be physically present, you do have to be resident.

 

Annulment in PI seems the way to go.

[Ontarkie 14,190]

~~Multiple hijacked posts in other member's threads have been removed. Please do not post your question in other members threads.~~

[Greenbaum 12,259]

On 5/20/2017 at 7:44 AM, Pixierich30 said:

NuestraUnion,

 

Thank you for your reply, reason why I'm here is to seek for  information, I don't want to be fraud or anything. I just need an advice on what to do.

So you're saying I am married, but the thing is I don't have a record here, and set that aside, I know I am married in the states, that's why I wanted to go back and divorce him there, I tried to file for divorce but it required me to be a resident In that state for at least 90 days, before I can file.

 That's why I don't know what to do. I might get denied if I apply for tourist since I don't have money or income, my ex took all of it. My only ties in the Philippines are my family.

First things first. You are married whether you are in front of a Filipino CO or a US CO. For you to return back to the US to divorce him, doesn't solve your problem because you are still married in the eyes of the Filipino government.  He (your despondent husband) has to file and divorce against you, you cannot file against him in hopes that the Filipino government will recognize that divorce.

 

You may have to wait him out since he will have to get a divorce to be free to marry again but you will need to know where it is that he filed the divorce so you can get the divorce decree. You can try annulment, but it is going to take you 2-3 years and $2,500 to $3,000 and in the end you may not get the annulment.  Abandonment is not grounds for an annulment.  Read Article 45 of the family code for all circumstances that you can be granted an annulment.

 

http://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

 

Here is a simple article that sumerizes annulments for filipino citizens: http://info.legalzoom.com/philippine-laws-divorce-separation-annulment-20694.html

 

Some how you must get your husband to divorce you to make this simple.  You may need to fine a competent private investigator to locate him. Once located you then have to convince him to divorce you. But, to do that it's best that you present it to him in such a way that would be beneficial for him. Offer to pay for it and that it would be in his best interest because it will free him to marry whomever he wants to without creating bigamy. 

[Pixierich30 0]

How would I file an annulment when I didn't have a record of being married here in the Philippines? I guess my ex forgot to report our marriage in the states cuz when I applied for CENOMAR the other day, it came out negative.

 

Thank you all, by the way.

[dynb 17]

Even if you're showing as single in your cenomar, you still have to DECLARE being married during any visa application. That's the lawful thing to do. It's not the embassy's fault nor the PH government for the "neglect".

 

Best to consult an immigration attorney who specializes in complicated matters like yours. Then come back to the forums for opinions about your legal counsel's course of action.

Edited May 22, 2017 by dynm

[Greenbaum 12,259]

1 hour ago, dynm said:

Even if you're showing as single in your cenomar, you still have to DECLARE being married during any visa application. That's the lawful thing to do. It's not the embassy's fault nor the PH government for the "neglect".

 

Best to consult an immigration attorney who specializes in complicated matters like yours. Then come back to the forums for opinions about your legal counsel's course of action.

This is not a immigration problem. It's a family law problem. She doesn't need a lawyer as her options are limited. She needs to locate and convince her husband to file the divorce against her. That would be the easiest solution. Baring that, she can try the annulment process, but she really doesn't meet the law, but some do not meet the law but in the end, they get their annulment approved (cash is king). It's touch and go as to what the Judge will rule. 

[dynb 17]

Cash is king doesn't mean commiting fraud I hope. Bottom line is she needs LEGAL counsel from a professional.

Edited May 22, 2017 by dynm

[Hank_ 9,174]

On 5/20/2017 at 7:44 PM, Pixierich30 said:

NuestraUnion,

 

Thank you for your reply, reason why I'm here is to seek for  information, I don't want to be fraud or anything. I just need an advice on what to do.

So you're saying I am married, but the thing is I don't have a record here, and set that aside, I know I am married in the states, that's why I wanted to go back and divorce him there, I tried to file for divorce but it required me to be a resident In that state for at least 90 days, before I can file.

 That's why I don't know what to do. I might get denied if I apply for tourist since I don't have money or income, my ex took all of it. My only ties in the Philippines are my family.

Your marriage may not of been recorded in the Philippines but you are married. 

 

As for divorce, IF you can get to the USA and complete the residency requirements for the state you will be in YOU can complete the divorce and it will be accepted by the embassy in regards to completing a visa application.  It is not necessary for your husband to initiate the divorce.

 

As for getting to the USA I have no easy answers.

 

Only option, and that is a big maybe, is an annulment, but don't know if that will happen as the marriage was never recorded in the Philippines.

 

 

 

You had a green card at one time so you did Adjust Status.. you lived in the USA 3 years ?

Edited May 22, 2017 by Hank_

[RO_AH 1,659]

12 hours ago, Pixierich30 said:

How would I file an annulment when I didn't have a record of being married here in the Philippines? I guess my ex forgot to report our marriage in the states cuz when I applied for CENOMAR the other day, it came out negative.

 

Thank you all, by the way.

The marriage is recorded in the US, but the CENOMAR comes from the Philippines government. The only way that they would know is if you report it to them, the state would not do that. But you are married regardless of what the CENOMAR says. A tourist visa is almost impossible to get so I would not even recommend trying. Like others have said, you should seek legal advice. It's unfortunate that your husband has left you in a very bad situation. If he has no plans to marry again then he has no incentive to go through the divorce process. You say you can't contact him, but you were married for several years, don't you have any way to contact anyone in his family? If so maybe you can work with them to try and encourage him to do the right thing. 

[Pixierich30 0]

Thank you all for your kind reply.

@Hank_, I did have a green card but since we came back here in the Philippines, it's been 5 years expired. 

@RO_AH yes, we've been married for 8 years, but I can't locate him anymore, I heard he's in Gensan,but the place is huge, I don't know where to begin and don't have the resources to find him, as for his family, I did contact his daughter back in Tucson,  but she's not much of help cuz her dad is not responding her messages either. 

(Sigh) I'm running out of option here. I surrender everything to God now. He knows what to do,

[RO_AH 1,659]

2 hours ago, Pixierich30 said:

Thank you all for your kind reply.

@Hank_, I did have a green card but since we came back here in the Philippines, it's been 5 years expired. 

@RO_AH yes, we've been married for 8 years, but I can't locate him anymore, I heard he's in Gensan,but the place is huge, I don't know where to begin and don't have the resources to find him, as for his family, I did contact his daughter back in Tucson,  but she's not much of help cuz her dad is not responding her messages either. 

(Sigh) I'm running out of option here. I surrender everything to God now. He knows what to do,

I feel really bad for your situation. I am no expert, but I would suggest maybe looking online and finding a divorce attorney in the city where you were married. Explain that you are in the Philippines and unable to get back to the USA and you would like to know how you could go about divorcing your husband who has abandoned you and you have no way to contact him. I am sure there must be a way to do it. Good luck  

[Hank_ 9,174]

3 hours ago, Pixierich30 said:

Thank you all for your kind reply.

@Hank_, I did have a green card but since we came back here in the Philippines, it's been 5 years expired. 

@RO_AH yes, we've been married for 8 years, but I can't locate him anymore, I heard he's in Gensan,but the place is huge, I don't know where to begin and don't have the resources to find him, as for his family, I did contact his daughter back in Tucson,  but she's not much of help cuz her dad is not responding her messages either. 

(Sigh) I'm running out of option here. I surrender everything to God now. He knows what to do,

One option is going to Bureau of Immigration.. he has to get a visa extension and report his address   How to get that information from BI is another question.

 

Of course the deadly option is ... he is committing adultery, Philippines police would find him for you.

[Hank_ 9,174]

47 minutes ago, RO_AH said:

I feel really bad for your situation. I am no expert, but I would suggest maybe looking online and finding a divorce attorney in the city where you were married. Explain that you are in the Philippines and unable to get back to the USA and you would like to know how you could go about divorcing your husband who has abandoned you and you have no way to contact him. I am sure there must be a way to do it. Good luck  

Need to meet the residency requirements for the state where the divorce would be filed... she is SOL in that regard.

 

There is a way to do it in the Philippines, annulment, but in her case that won't happen either as they NEVER reported the marriage, thus she still shows single on her CENOMAR.   

 

Tons of little things that were never done that have put her against the wall.  For sure not a pretty situation.