My Filipina girlfriend is still married but has been separated for 4 years, anyone here who knows how i can bring her to US the faster way?

[ftv62 0]

My girlfriend is in the Philippines and is married, but has been separated for 4-5 years now. She  doesn't know where her husband lives; she has tried to contact his parents to tell her where he is but they don't help out. In that case the annulment will likely take 3 years process. And we really want to be together. I've heard that she it's possible that she can file a divorce here in US for her PI marriage.  (before or after she become a citizen here) then get married after. What other course of action do we have or can take?

 

Your assistance is greatly appreciated!

[Jojo92122 1,924]

You will have to wait until her annulment is over before you can file for her to immigrate to the US.

 

She has to be an actual resident of the US before she could file for divorce in the US.  A PI resident can not just file for divorce in the US when the US court has nothing to do with two PI citizens living in the PI.  She will need to deal with her marital status where she resides.  

 

US citizenship is years off.  She would need to be a green card holder for 3 years, married to you for 3 years, and live with you in the US for 3 years before she would qualify for citizenship.

 

There is no other course of action.  She must finalize her annulment before you can file for her to immigrate to the US.

[Chris Duffy 1,257]

9 minutes ago, Jojo92122 said:

You will have to wait until her annulment is over before you can file for her to immigrate to the US.

 

She has to be an actual resident of the US before she could file for divorce in the US.  A PI resident can not just file for divorce in the US when the US court has nothing to do with two PI citizens living in the PI.  She will need to deal with her marital status where she resides.  

 

US citizenship is years off.  She would need to be a green card holder for 3 years, married to you for 3 years, and live with you in the US for 3 years before she would qualify for citizenship.

 

There is no other course of action.  She must finalize her annulment before you can file for her to immigrate to the US.

Not exactly correct

 

Guam (which is part of the US)  allows only 7 days of being there to file for a divorce

 

She could also explore getting  a divorced filed in Hong Kong, Thailand, etc places where she can travel without a visa if she is a Phillippines Passport holder

[Chris Duffy 1,257]

14 minutes ago, Jojo92122 said:

There is no other course of action.  She must finalize her annulment before you can file for her to immigrate to the US.

FYI

 

The Supreme Court just passed a law that if either party (Both Philippines Residence) initiates a divorce in another country, then it will be recognized by the Republic of Philippines.   

 

This landmark case passed about 1 month ago.

 

It is a way to get around the annulment

[Jojo92122 1,924]

7 minutes ago, Chris Duffy said:

Not exactly correct

 

Guam (which is part of the US)  allows only 7 days of being there to file for a divorce

 

She could also explore getting  a divorced filed in Hong Kong, Thailand, etc places where she can travel without a visa if she is a Phillippines Passport holder

Google "lack of personal jurisdiction."

[Chris Duffy 1,257]

1 hour ago, ftv62 said:

My girlfriend is in the Philippines and is married, but has been separated for 4-5 years now. She  doesn't know where her husband lives; she has tried to contact his parents to tell her where he is but they don't help out. In that case the annulment will likely take 3 years process. And we really want to be together. I've heard that she it's possible that she can file a divorce here in US for her PI marriage.  (before or after she become a citizen here) then get married after. What other course of action do we have or can take?

 

Your assistance is greatly appreciated!

Annulment cases can be done in less than a year. 

 

Does she have a Tourist Visa for USA? If not it will be an uphill battle for her to get approved.

 

 

[Chris Duffy 1,257]

1 minute ago, Jojo92122 said:

Google "lack of personal jurisdiction."

Google Gaum Divorces

 

Either party only has to be there 7 full days to file

[Jojo92122 1,924]

9 minutes ago, Chris Duffy said:

Google Gaum Divorces

 

Either party only has to be there 7 full days to file

Okay, Googled: http://guamdivorce.us/

 

What if I Don’t Live on Guam?

There is no such thing on Guam as a “non-resident divorce”. However, under current Guam law, an uncontested divorce may be granted if both parties are in agreement to the terms of the divorce and at least one spouse visits Guam for a minimum of 7 days prior to filing the petition. The 7-day stay satisfies the residency requirement for an uncontested divorce. If either spouse does not agree to any terms, including child custody or property settlement, the petitioner must file for a contested divorce and must meet a 90 day residency requirement as well as provide reasonable notification to the off-island spouse.

 

How is the Guam court going to have jurisdiction over the absent husband?  He isn't exactly coming to the Guam court to agree to anything, so how would you advise the OP to get around this?  How does she get his agreement so she can file in Guam?

 

Also, how is she going to get to Guam?  US visitor visa?  Bwaaa!!!!!

Edited June 27, 2018 by Jojo92122

[Unlockable 7,316]

*** Moved to the "REGIONAL (Philippines)" section of the forum ***

Edited June 27, 2018 by NuestraUnion

[Roel 7,193]

1 hour ago, ftv62 said:

My girlfriend is in the Philippines and is married, but has been separated for 4-5 years now. She  doesn't know where her husband lives; she has tried to contact his parents to tell her where he is but they don't help out. In that case the annulment will likely take 3 years process.

 

It is what it is, and you have no choice but wait. You can also move to Philippines? 

1 hour ago, ftv62 said:

 

 

And we really want to be together. I've heard that she it's possible that she can file a divorce here in US for her PI marriage.  (before or after she become a citizen here) then get married after. What other course of action do we have or can take?

 

Your assistance is greatly appreciated!

And how would she get to the US? Doubtful she'd get a tourist visa. She cannot become US citizen unless you're married and first she's need a green card for 3 years. And she can't get married because she's not divorced. So don't worry about her citizenship since that's a looong way to go. 

 

Also asking about "fastes" way always make me laugh. Fiance visa is about 10 months wait, then another year wait for a green card. Spouse visa takes over a year to process. 

 

There will be nothing fast about any of this.

[Chris Duffy 1,257]

50 minutes ago, Jojo92122 said:

Okay, Googled: http://guamdivorce.us/

 

What if I Don’t Live on Guam?

There is no such thing on Guam as a “non-resident divorce”. However, under current Guam law, an uncontested divorce may be granted if both parties are in agreement to the terms of the divorce and at least one spouse visits Guam for a minimum of 7 days prior to filing the petition. The 7-day stay satisfies the residency requirement for an uncontested divorce. If either spouse does not agree to any terms, including child custody or property settlement, the petitioner must file for a contested divorce and must meet a 90 day residency requirement as well as provide reasonable notification to the off-island spouse.

 

How is the Guam court going to have jurisdiction over the absent husband?  He isn't exactly coming to the Guam court to agree to anything, so how would you advise the OP to get around this?  How does she get his agreement so she can file in Guam?

 

Also, how is she going to get to Guam?  US visitor visa?  Bwaaa!!!!!

Gaum entry would be the issue.

 

The ones who are getting Tourist Visa some are making it a "loophole" to get a divorce from Philippines.  How does she get the agreement?  Have you been to Philippines? Many ways it can be done, usually money is the factor in getting things done there.

[Hank_ 9,174]

1 hour ago, Chris Duffy said:

FYI

 

The Supreme Court just passed a law that if either party (Both Philippines Residence) initiates a divorce in another country, then it will be recognized by the Republic of Philippines.   

 

This landmark case passed about 1 month ago.

 

It is a way to get around the annulment

Not exactly true.   The Supreme Court of the Philippines ruled that a foreign divorce initiated by the Filipino is acceptable in the Philippines .. this is true.   BUT .... one party of the divorce must be a foreigner for it to be accepted in the Philippines.

 

 

[Jojo92122 1,924]

14 minutes ago, Chris Duffy said:

Gaum entry would be the issue.

 

The ones who are getting Tourist Visa some are making it a "loophole" to get a divorce from Philippines.  How does she get the agreement?  Have you been to Philippines? Many ways it can be done, usually money is the factor in getting things done there.

You missed the part where she could not find her husband and his family will not help her.   

 

Your suggestion that a Guam divorce would be an alternative is silly.  No US visitor visa.  No agreement from the husband.

 

The OP should focus on the annulment instead of going on goose chases for a foreign divorce.

Edited June 27, 2018 by Jojo92122

[Hank_ 9,174]

2 hours ago, ftv62 said:

My girlfriend is in the Philippines and is married, but has been separated for 4-5 years now. She  doesn't know where her husband lives; she has tried to contact his parents to tell her where he is but they don't help out. In that case the annulment will likely take 3 years process. And we really want to be together. I've heard that she it's possible that she can file a divorce here in US for her PI marriage.  (before or after she become a citizen here) then get married after. What other course of action do we have or can take?

 

Your assistance is greatly appreciated!

You have two options.   1) Annulment, which as you are aware can takes years.   2) Divorce, which requires your fiancee residing in a foreign country long enough to meet residency requirements to file for the divorce.  Of course finding a country where she is allowed to enter without a visa is part of the trick (USA and territories are out ... odds of getting a tourist visa are about the same as finding hen's teeth).

 

The divorce would not be recognized in the Philippines (being they are both Filipino), but it would be a valid/legal divorce to satisfy the "Free To Marry" requirement for the K-1 visa process.

[Jojo92122 1,924]

A foreign divorce would require the foreign court to have jurisdiction over both parties.  Impossible to do without the husband's agreement.

 

Even with a foreign divorce, the PI Government will not recognize it and she will not be able to get the PI paperwork necessary to obtain a K1 fiancee visa or CR1 spousal visa.

 

The annulment is the only realistic solution.