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Filed: K-1 Visa Country: Wales
Timeline
Posted
  On 4/4/2024 at 5:40 PM, Rocio0010 said:

No comprendo!

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Inglesi 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Philippines
Timeline
Posted
  On 4/4/2024 at 12:14 PM, Rocio0010 said:

Any reason my question hasn't been answered?

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I cannot respond  because I was busy reviewing the paperwork for my mom. I petitioned my mom. 

  On 4/4/2024 at 12:14 PM, Rocio0010 said:

Any reason my question hasn't been answered?

Expand  

I cannot respond  because I was busy reviewing the paperwork for my mom. I petitioned my mom. 

  On 4/4/2024 at 12:14 PM, Rocio0010 said:

Any reason my question hasn't been answered?

Expand  

I cannot respond  because I was busy reviewing the paperwork for my mom. I petitioned my mom. 

  On 4/4/2024 at 12:14 PM, Rocio0010 said:

Any reason my question hasn't been answered?

Expand  

I cannot respond  because I was busy reviewing the paperwork for my mom. I petitioned my mom. 

  On 4/4/2024 at 12:14 PM, Rocio0010 said:

Any reason my question hasn't been answered?

Expand  

I cannot respond  because I was busy reviewing the paperwork for my mom. I petitioned my mom. 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
  On 4/3/2024 at 9:39 PM, Redro said:

Many people from Philippines can and do divorce here in the US to circumvent that issue. 
IIRC, a VJ member’s boyfriend (from Philippines) came over to the US on a visit visa, divorced his spouse (who was living in the Philippines)  and then returned to Thailand to work. He was successfully petitioned for a K1. 

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As of my last update in January 2022, divorce is not legal in the Philippines. The Philippines is the only country in the world, aside from the Vatican City, where divorce is not legal. However, annulment is an option for couples who wish to end their marriage. Here's an explanation of annulment in the Philippines:

 

The cost of annulment in the Philippines can vary depending on several factors, including the complexity of the case, the legal fees charged by the lawyer or law firm handling the case, court fees, and other expenses associated with the legal process. Here are some factors that may contribute to the overall cost of annulment:

  1. Legal Fees: Lawyers typically charge fees for their services, which can vary based on their experience, reputation, and the complexity of the case. Some lawyers may charge a flat fee for handling an annulment case, while others may charge an hourly rate.

  2. Court Fees: There are various court fees associated with filing a petition for annulment in the Philippines. These fees may include filing fees, transcript fees, and other administrative costs required by the court.

  3. Documentary Requirements: Obtaining necessary documents such as birth certificates, marriage certificates, and other supporting documents may involve additional costs, such as fees for obtaining certified copies from government agencies.

  4. Psychological Evaluation: In cases where psychological incapacity is cited as the grounds for annulment, the court may require a psychological evaluation of one or both parties. This evaluation may incur additional costs.

  5. Travel and Miscellaneous Expenses: Depending on the location of the court and other factors, there may be additional expenses related to travel, lodging, and other miscellaneous costs incurred during the annulment process.

It's essential to discuss the potential costs involved in an annulment case with a legal professional upfront to understand the financial implications and make informed decisions. Additionally, individuals should inquire about payment arrangements and any potential additional expenses that may arise throughout the process.

My mom is 73 years old, and her estranged husband is 80 years old now. We haven't heard from him in a long time. My mom doesn't plan to spend a lot of money on annulment, especially since she has no intention of getting married again. She sees no purpose in it at this time.
 
 

 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
  On 4/3/2024 at 6:18 PM, Ontarkie said:

She is still legally married, but separated.

 

I cannot remember the forms so if it asks and will let her list her status as separated. Then list it as separated, if she cannot mark separated then she puts married. 

 

What did she put her marital status in all her other forms up to this point? 

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Thank you so much; that's what we've figured out to do. Since my mom isn't planning to remarry, there's no reason for her to invest a lot of money and time in annulment. All she wants is to clarify the truth regarding her naturalization.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Naturalising has US residency requirements, could you confirm where she is and how much time she has spent in the Philippines?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Philippines
Timeline
Posted
  On 4/4/2024 at 10:14 PM, Boiler said:

Naturalising has US residency requirements, could you confirm where she is and how much time she has spent in the Philippines?

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She has been a permanent resident since January 2019.

Filed: K-1 Visa Country: Wales
Timeline
Posted
  On 4/4/2024 at 10:19 PM, confusing said:

She has been a permanent resident since January 2019.

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I get that, I was asking where she has been as you suggested she is has spent a lot of time in the Phillipines.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted
  On 4/4/2024 at 10:20 PM, confusing said:

 

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Great so what is all the Phillipines ####### about, as a US Resident she can divorce is she wants to.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted
  On 4/4/2024 at 10:12 PM, confusing said:

Thank you so much; that's what we've figured out to do. Since my mom isn't planning to remarry, there's no reason for her to invest a lot of money and time in annulment. All she wants is to clarify the truth regarding her naturalization.

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You're welcome. Sometimes overthinking things can get the best of us. 

 

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Filed: AOS (apr) Country: Philippines
Timeline
Posted
  On 4/4/2024 at 10:20 PM, Boiler said:

I get that, I was asking where she has been as you suggested she is has spent a lot of time in the Phillipines.

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She was living in the Philippines before I petitioned her, but since January 2019, she has been living with me and has never returned to the Philippines. She visited my sister in Japan for two weeks in December 2023 since she had work.

Filed: K-1 Visa Country: Wales
Timeline
Posted

Highly unlikely she would be able to annul and divorce is much simpler. And probably cheaper.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Wales
Timeline
Posted
  On 4/4/2024 at 10:24 PM, confusing said:

She was living in the Philippines before I petitioned her, but since January 2019, she has been living with me and has never returned to the Philippines. She visited my sister in Japan for two weeks in December 2023 since she had work.

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So she is good to go and also good to Divorce if she wants to.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: AOS (apr) Country: Philippines
Timeline
Posted
  On 4/4/2024 at 10:24 PM, Boiler said:

Highly unlikely she would be able to annul and divorce is much simpler. And probably cheaper.

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We've already consulted a lawyer through my cousin, and it seems she would require a significant amount of time and money for annulment. However, at 73 years old and with no plans to remarry, we simply seek the correct answers for the questions on the N400 form.

Posted
  On 4/3/2024 at 9:34 PM, OldUser said:

Couldn't she file for a divorce in the US? It is allowed here 😊

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I guess? I'm not sure how it works if you were originally married in the Philippines. I got married here in the US but had to inform the Philippines of my marriage  in the US in order to renew my Phil passport with my then spouse's last name. When I filed for divorce here in the US, of course the US acknowledged my divorce BUT the Philippines refused to acknowledge the divorce. So they still consider me married to my first spouse even though I have already remarried. But thank goodness I'm already a USC so I don't have deal with the Phils anymore. 

I-751 timeline:

  • 12/04/2018: Mailed I-751 with divorce waiver
  • 12/19/2018: Received by USCIS
  • 5/02/2019: Biometrics appointment
  • 5/03/2019: Case updated to show Fingerprints were taken and applied to my case 
  • 1/28/2020: Received an RFE
  • 2/05/2020: Response To Request For Evidence Was Received by USCIS
  • 8/12/2020: Case received at my local office
  • 9/16/2020: Case is Ready to Be Scheduled for An Interview
  • 2/24/2021: Case scheduled for an interview
  • 4/06/2021: Interview done
  • 4/13/2022: Surprise Interview done at  my house
  • 12/08/2022: I-751 with divorce waiver APPROVED!
  • 12/21/2022: 10 yr Green Card Received.

 

N-400 timeline:

  • 01/26/2022: Applied online and received by USCIS, Informed of Biometrics reuse
  • 06/17/2022: Interview scheduled
  • 08/04/2022: Interview done. Passed English and Civics test but no decision could be made due to my pending I-751
  • 06/08/2023: Oath Ceremony Notice Was Mailed
  • 06/22/2023: Oath Ceremony - FINALLY A US CITIZEN!

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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