Any options for divorce?

[MiamiTraveler 0]

Hello all.

 

I'm a natural born US citizen living in the USA.  I'm dating a wonderful Filipina who is an OFW in Dubai.  She is still legally married, but hasn't been with her ex for many years.

 

I meet all of the requirements for income, marital status, etc., and she and I have seen each other in Dubai and traveled to other countries together.  

 

She can get an annulment, of course.  But, it will take a long time and be costly.  And, we are also aware that the Philippine Congress is working on legalizing divorce.  But, we are not too optimistic about the timetable of such a law.  We would like to speed the process so we can live together in the USA.

 

I'm reasonably convinced that she can get a divorce in Guam (or even Las Vegas, if we could get her here to the USA on a tourist VISA -- yes, I do understand that might be a violation of the intent of a tourist Visa).  Her Ex would be cooperative.  We understand that the divorce would not be valid in the Philippines, but we don't care much about that as a practical matter.  

 

What we would like to know is if she can obtain a VISA to the USA (either as a K-1 or CR-1) if we manage to get her a Guam divorce.  Of course, she holds a Philippine passport and it does have her married name.  

 

Alternatively, is there a foreign country (preferably in UAE, but we could travel anywhere a Filipino could normally go) in which we might marry with the Guam divorce papers, and have that marriage recognized as legitimate during the CR-1 application process?

 

We would apply for the K-1/CR-1 US Visa through the Dubai embassy, unless there is another method that someone might recommend.

 

Thanks for your thoughts and input.

Edited April 12, 2018 by MiamiTraveler
typo

[jskibo 588]

States require you to be a resident for a period of time to file a divorce.  Can't establish residency on a tourist visa.

[MiamiTraveler 0]

Thanks for the fast response, jskibo.  

 

My research indicates that both Nevada and Guam don't consider VISA status when determining residency.  While it might be a violation of US Federal Visa statues to obtain a divorce while on a tourist Visa, as a practical matter, Nevada and more importantly, Guam, would issue the divorce if you can meet the residency requirements (for Guam, being there for 7 days is all that is required as long as the other spouse signs a willingness to divorce).

 

 

[jskibo 588]

12 minutes ago, MiamiTraveler said:

Thanks for the fast response, jskibo.  

 

My research indicates that both Nevada and Guam don't consider VISA status when determining residency.  While it might be a violation of US Federal Visa statues to obtain a divorce while on a tourist Visa, as a practical matter, Nevada and more importantly, Guam, would issue the divorce if you can meet the residency requirements (for Guam, being there for 7 days is all that is required as long as the other spouse signs a willingness to divorce).

 

 

Well you're other problem would be getting a marriage age Filipina a tourist visa for the US.  Not likely to get a B2 without strong ties to home.

 

Good luck though

[MiamiTraveler 0]

removed by op

Edited April 12, 2018 by MiamiTraveler

[MiamiTraveler 0]

2 minutes ago, jskibo said:

Well you're other problem would be getting a marriage age Filipina a tourist visa for the US.  Not likely to get a B2 without strong ties to home.

 

Good luck though

Yes, very true.  I think it would be very difficult to get to Las Vegas.  But, I'm told that Guam processes their own Visas and it is much easier to enter Guam.

[jskibo 588]

2 minutes ago, MiamiTraveler said:

Yes, very true.  I think it would be very difficult to get to Las Vegas.  But, I'm told that Guam processes their own Visas and it is much easier to enter Guam.

Whoever told you that lied.  Guam is a US Territory and thus a US Visa is required.

 

http://www.visitguam.com/plan/entry-exit/

Edited April 12, 2018 by jskibo

[Auds 223]

Hi.  I am from Dubai.  The best option for your wife is to file in Dubai itself.  It won't take as long.  It won't be recognised in the Philippines though.  I am not sure if its enough for the embassy if she interviews in Abu dhabi.  My previous divorce was accepted, however my divorce was attested by the Indian embassy (although they didn't check that I think).  I know rules are slightly different for Phillipinos - it maybe though if she interviews in Abu Dhabi she doesn't need the Phillipino one....

 

 

Good luck and sorry about the night mare with Philipino divorces

[Hank_ 9,174]

53 minutes ago, MiamiTraveler said:

Hello all.

 

I'm a natural born US citizen living in the USA.  I'm dating a wonderful Filipina who is an OFW in Dubai.  She is still legally married, but hasn't been with her ex for many years.

 

I meet all of the requirements for income, marital status, etc., and she and I have seen each other in Dubai and traveled to other countries together.  

 

She can get an annulment, of course.  But, it will take a long time and be costly.  And, we are also aware that the Philippine Congress is working on legalizing divorce.  But, we are not too optimistic about the timetable of such a law.  We would like to speed the process so we can live together in the USA.

 

I'm reasonably convinced that she can get a divorce in Guam (or even Las Vegas, if we could get her here to the USA on a tourist VISA -- yes, I do understand that might be a violation of the intent of a tourist Visa).  Her Ex would be cooperative.  We understand that the divorce would not be valid in the Philippines, but we don't care much about that as a practical matter.  

 

What we would like to know is if she can obtain a VISA to the USA (either as a K-1 or CR-1) if we manage to get her a Guam divorce.  Of course, she holds a Philippine passport and it does have her married name.  

 

Alternatively, is there a foreign country (preferably in UAE, but we could travel anywhere a Filipino could normally go) in which we might marry with the Guam divorce papers, and have that marriage recognized as legitimate during the CR-1 application process?

 

We would apply for the K-1/CR-1 US Visa through the Dubai embassy, unless there is another method that someone might recommend.

 

Thanks for your thoughts and input.

And the winning answer!   Get the divorce in Dubai ..   (as long as it is not a muslim divorce)

 

After that you are good, embassy will accept a legal divorce.  You don't care about the Philippines so no worries there either.

 

The USA (which includes Guam) would be tough for a tourist visa

[Greenbaum 12,259]

1 hour ago, Hank_ said:

And the winning answer!   Get the divorce in Dubai ..   (as long as it is not a muslim divorce)

 

After that you are good, embassy will accept a legal divorce.  You don't care about the Philippines so no worries there either.

 

The USA (which includes Guam) would be tough for a tourist visa

I agree. That would be my answer.  

[MiamiTraveler 0]

Thanks to all for those thoughts.

 

We’ll double check on the issues with divorce in UAE.  

 

 

[Belle Santos 0]

On 4/13/2018 at 4:40 AM, MiamiTraveler said:

Hello all.

 

I'm a natural born US citizen living in the USA.  I'm dating a wonderful Filipina who is an OFW in Dubai.  She is still legally married, but hasn't been with her ex for many years.

 

I meet all of the requirements for income, marital status, etc., and she and I have seen each other in Dubai and traveled to other countries together.  

 

She can get an annulment, of course.  But, it will take a long time and be costly.  And, we are also aware that the Philippine Congress is working on legalizing divorce.  But, we are not too optimistic about the timetable of such a law.  We would like to speed the process so we can live together in the USA.

 

I'm reasonably convinced that she can get a divorce in Guam (or even Las Vegas, if we could get her here to the USA on a tourist VISA -- yes, I do understand that might be a violation of the intent of a tourist Visa).  Her Ex would be cooperative.  We understand that the divorce would not be valid in the Philippines, but we don't care much about that as a practical matter.  

 

What we would like to know is if she can obtain a VISA to the USA (either as a K-1 or CR-1) if we manage to get her a Guam divorce.  Of course, she holds a Philippine passport and it does have her married name.  

 

Alternatively, is there a foreign country (preferably in UAE, but we could travel anywhere a Filipino could normally go) in which we might marry with the Guam divorce papers, and have that marriage recognized as legitimate during the CR-1 application process?

 

We would apply for the K-1/CR-1 US Visa through the Dubai embassy, unless there is another method that someone might recommend.

 

Thanks for your thoughts and input.

What happened to your divorce with your filipina GF? I am on the same situation as her.

[MiamiTraveler 0]

Hi Belle.

 

We never got anywhere with speeding up the process.   We never found a better solution than the misery of Philippine Annulment.

 

We pursued a tourist visa to the USA and we were denied.  We never discovered any other way to satisfy US authorities.  
 

We hired the best (legit) lawyer we could find in the Philippines.  I’m still convinced he is good, but very slow.  He is slow, and he courts are slow.  We have been at it for 18 months already, and we are looking at six more...just to get the annulment.  Then 3 months to wait for a CENOMAR.  Then a year to get a VISA to marry in the USA.  

 

It’s an awful system.  I try not to be bitter at our elders.  But, I hope in the future all policy makers (all over the world) are guided by the principal to “do no harm”, rather than force their values on others, to the great detriment of all.  It’s a crime what the “system” has done to us.  We will make it.  But, at great and unnecessary emotional and financial cost. 

 

Good luck.  I hope you find an easier and speedier path. 
 

 

 

[Hank_ 9,174]

1 hour ago, Belle Santos said:

What happened to your divorce with your filipina GF? I am on the same situation as her.

If you are an OFW, and a legal resident of the foreign country, then check into getting a divorce in that country and pursuing your visa after that is complete.  Otherwise the only option is annulment in the Philippines for the time being.

[Belle Santos 0]

1 hour ago, MiamiTraveler said:

Hi Belle.

 

We never got anywhere with speeding up the process.   We never found a better solution than the misery of Philippine Annulment.

 

We pursued a tourist visa to the USA and we were denied.  We never discovered any other way to satisfy US authorities.  
 

We hired the best (legit) lawyer we could find in the Philippines.  I’m still convinced he is good, but very slow.  He is slow, and he courts are slow.  We have been at it for 18 months already, and we are looking at six more...just to get the annulment.  Then 3 months to wait for a CENOMAR.  Then a year to get a VISA to marry in the USA.  

 

It’s an awful system.  I try not to be bitter at our elders.  But, I hope in the future all policy makers (all over the world) are guided by the principal to “do no harm”, rather than force their values on others, to the great detriment of all.  It’s a crime what the “system” has done to us.  We will make it.  But, at great and unnecessary emotional and financial cost. 

 

Good luck.  I hope you find an easier and speedier path. 
 

 

 

Thank you for replying.. I am trying to get a visa in the US hopefully I get one. I just want to ask about the guam annullment do you think it's worth trying? I have an annullment going on for nearly 3 years now and i think i will loose so i'm finding another option just in case i loose this one. 

22 minutes ago, Hank_ said:

If you are an OFW, and a legal resident of the foreign country, then check into getting a divorce in that country and pursuing your visa after that is complete.  Otherwise the only option is annulment in the Philippines for the time being.

I'm in the Philippines. But thank you for replying and giving some idea.