Consulate wants something that is impossible

[mikede1025 2]

My fiance had her interview in Manila on 1/23/14. She had filed for "Presumpitve Death" from a former husband. That marriage was a Philippino marriage. Ultimately the courts granted the presumptive death and gave her a copy of the court order which states that and it also states that she is legally able to pursue any subsequent marriage now without incurring any criminal liability. This is in accordance with article 288 of the Family Code. This court order goes on to state that "....His declaration of absense and presumption of death is without prejudice to his reappearance...."

This is very clear to me and very clearly states that she is legally able to remarry. Well, the consulate told her that she needed to obtain a death certificate. WHAT???? He was "Declared an absentee and for all intents and purposes is PRESUMED dead". He was presumed dead as allowed for within this law. He was not DECLARED dead. It is impossible for us to obtain a death certificate on someone who we have no idea is dead or not dead. He is also an American. The consulate says to her, "what if he is not dead and he comes forward"? Again, WITHOUT PREJUDICE covers that as well. It means that no matter now if he is dead or not or if he comes forward or not, this marriage is no longer and she is able to marry.

I have a desperate need now to contact someone at the embassy there who has authority so that I can have this discussion with them to show and explain to them how the consulate is NOT looking at this document correctly and that she is making and completely invalid and totally impossible request. How? Who? What can I do here? Who can I contact? We were given two other trivialities to take care of as well but we can do those with no problems. But this request goes beyond the pale. Someone please help me with who or how to contact.

Sorry, but I tend to repeat myself when I am upset and I hope I didn't over-explain this.

Mike

[sjs87 27]

Well I wish I could give you advice, but I am not sure I have any experience to give advice. Certainly trying to get in touch with the embassy might help, perhaps returning to the court or office that granted that letter... and, I hate to say it, maybe even consult an immigration lawyer or a lawyer of some sort of it's too ugly to sort out on your own.

MY heart goes out to you and your fiancee, and I hope things can be resolved for you.

[Mr.&Mrs.EMB 55]

I hope I can give you some solid advice but I share your thoughts that an order to obtain a death certificate is just ridiculous in that case. Now the problem is how to get a higher officer maybe to at least listen carefully to the given circumstances. I would suggest an immigration lawyer in this case. You might want to try to call Atty. Michael Gurfinkel, he's like the man to go when dealing with PI migrants to the states. Best of luck!

[mikede1025 2]

I should have attached a copy of that court order. Here it is now. If anyone out there is of legal knowledge then maybe you can tell me at least if my thinking is correct on this issue.

Thanks to everyone for their help

Mike

[MIDUVIL 34]

Just to tell you to hide better your personal information.

Good luck for everything

[apple21 953]

How long is the husband "missing"?

[mikede1025 2]

Just to tell you to hide better your personal information.

Good luck for everything

I appreciate you looking out for me. I did hide all of our/her personal info. Any names left on that court order are the people associated with that court. All personal info has been blacked out.

Thanks for the heads up tho,

Mike

[mikede1025 2]

How long is the husband "missing"?

At the time she applied for the presumptive death he had been missing or unheard from or whereabouts unknown for more than the required 4 years.

Mike

[Darnell 8,478]

Mike - are you in/near Manila? If yes,

then you set up an ACS appointment,

and talk with a Vice-Consul there about this issue,

noting,

that usually this is not done during an ACS appointment, however,

it smells like this is what you need.

[mikede1025 2]

Mike - are you in/near Manila? If yes,

then you set up an ACS appointment,

and talk with a Vice-Consul there about this issue,

noting,

that usually this is not done during an ACS appointment, however,

it smells like this is what you need.

Darnell, no, I am in Florida and my fiance lives in an outer province of Cebu. I need a person to call or a phone number or someone who I can explain this thing to. How can this woman possibly interpret this court order so wrong? Surely this is not the first presumptive death issue to go through that embassy.

Mike

[Boiler 44,928]

I do not remember seeing another presumptive death since I have been here.

Where was he when she last had contact with him.

[magdasal 19]

I'm wondering if this is something that can be pursued via the NSO. USEM seems to accept documents from them without question (i.e., CENOMAR, etc). If they can produce a document that affirms the court order, then perhaps that will suffice. Just a thought.

[RhettVoe 281]

NO doubt the embassy personnel have seen this sort of thing before...and apparently they want some better proof....remember, if a K1 or CR1 visa is denied pending additional information (like this one), it is automatically reviewed by a senior consular officer...and if that person disagrees, they can override the denial or ask that the applicant return, etc...since they have not, chances are quite good they are not buying this document as being credible...that's often the case in developing countries, where document fraud is rampant. You telling them that this is a bona fide document won't convince them. They have seen far too many bogus and fake papers in Manila....

[mikede1025 2]

NO doubt the embassy personnel have seen this sort of thing before...and apparently they want some better proof....remember, if a K1 or CR1 visa is denied pending additional information (like this one), it is automatically reviewed by a senior consular officer...and if that person disagrees, they can override the denial or ask that the applicant return, etc...since they have not, chances are quite good they are not buying this document as being credible...that's often the case in developing countries, where document fraud is rampant. You telling them that this is a bona fide document won't convince them. They have seen far too many bogus and fake papers in Manila....

Given this particular theory then everything we submitted is falsified and bogus no matter what markings or certifications are on it from the birth certificates to the passports. They didn't say that they thought the paper was bogus. They said they want a death certificate for someone who was NOT declared dead. This falls directly in the category of "STUPID".

[Boiler 44,928]

Where was he when she last had contact with him?