Husband abandonds wife and daugther while filing I-130

[ArmyVet2010 0]

Hi everyone! Happilly married vet to filipina checking in, 8 year and going.

Unfortunetly not the same can be said about my wife sister marriage, she dated another american soldier in Korea while I was still also there with my wife but unlike my wife, her sister had enter the Korean peninsula with fake papers making it imposible to get married there. Eventually like all stories boy meets girl they fall in love move in together, hups! she gets pregnant and they want to get marry. So for that to happen girl leaves the country pregnant, boy follows her to the PI get married does DNA test to confirm parenthood goes back korea to finish his tour during that time they chat/skype, call each other and even visits a second time to see his family and file a I-130 visa to bring them back home. Then he get orders to Forth Stewart Georgia.

Here is when things start going south, at the beginning they keep their routine of skype and western union to support her and daugther basicly what we all do in our a far distance relationships while we wait on our visas but then he slowly started sending less money, less calls, less skype convos and dragging his ### on the filing of her petition. We call the commander they get his ### on check everything goes back to normal but he ETS (discharges from the army) and now we can't even get a hold of him, no support 0$ her petition already has a case number, invoice number but refuses to finish it. We suspect infedelity but cant confirm.

So, i guess she gona have to fly to manila to get a divorce at the embassy. Is there anything she can do from this unfair threatment? How can a guy leave his daugther?! I feel so bad for her and it has taken a told on my wife 2 bc she loves her sister so much. Are we out of luck here? Have I been stuck with the bill of taking care of his family now? Not even child support rigth? bc she is in the PI. Any advise is welcome.

P.S. I never like the guy he was way to nice and had previously been divorce. At least he showed his tru colors before she got there with him, wouldnt like to imagine what kind of threatment she would have been put thru so many scary stories here.

[apple21 953]

If they married in the Philippines, there's no divorce. She has to file an annulment which costs around 150,000++ pesos. I doubt she has that amount based on your story.

Anyhow, you don't have to financially support them if you don't want to. Can't she work?

About the i130, it will be considered abandoned if the petitioner is no longer interested to pursue it (ex: doesn't want to submit the affidavit of support etc..).

[apple21 953]

Did they file CRBA for the child?

[ArmyVet2010 0]

Yeah she can work but we know how shitty is over there she is thinking about going overseas to work, but i feel is so unjust to her bc she wont be able to see her daugther grow up if she goes that route. CRBA?

Just googled CRBA, yes they did. Daugther is US citizen

Edited July 16, 2014 by ArmyVet2010

[*HappyInlove* 6]

I'm so sorry with what happened to your sister in law. That's really so sad that there's guys who are so irresponsible and just have no conscience to abandoned their family especially their own child. If only you could contact that guy so he could file a divorce and that your sister in law can move on with her life. I agree with you that at least that guy showed his true colors before she got in with him.

It's funny because we have a similarity . My husband is also an Army Vet. We met while he was stationed in Korea. He visited me in the Philippines and we got married there. We are also happily married 8 years and counting. After Korea he was stationed in Savannah Georgia at Hunter Army Airfield but I've been to Fort Stewart many times because of my husband's shoulder treatments and surgery. Anyways I pray for your sister's recovery in this heartache. God know's what her husband did and bad Karma awaits him...

[Caryh 5,206]

There is no divorce there. Unless she goes for an annulment, which is very expensive and time consuming. Best bet is he files for divorce in the USA, then when she has the papers, she can file to have the divorce recognized in the Philippines.

If she goes OFW maybe you'd want to bring the child to the USA to be with you. You should be able to also file for child support then, if you can find the father. But this might open an entire custody battle once the child is in the USA and known to him.

[apple21 953]

Yeah she can work but we know how shitty is over there she is thinking about going overseas to work, but i feel is so unjust to her bc she wont be able to see her daugther grow up if she goes that route. CRBA?

Just googled CRBA, yes they did. Daugther is US citizen

Her choice. Lots of Filipino families have one or both OFW parent/s. Its a common scenario. The child/ren are often times left to the grandparents or aunts/uncles. Given the technology today, Skype and Facebook are their best friends.

Anyhow, the daughter can move to the US anytime but not her. Once the child turns 21, she can file an immigrant petition for her mom.

Your wife, once she Naturalizes, can also file a sibling petition but it will take 24 years before a visa can be issued.

Either you find the dad for financial child support or you do the support. Whatever you decide on, good luck.

[ArmyVet2010 0]

Thanks for the advise guys. Yes we are considering on bringing the child here so she can have a better life and education. But without divorce we afraid that nothing can be done plus if he send divorce papers im sure he would put something on them were he dosent have to pay child support. He already pays child support from his previous marriage so i believe he wouldn't be able to make much of a payment anyways. I was wondering could the spouse qualify to file a I-360? Is abandonment cosidered abuse? Again thanks for all the advise, God bless.

[apple21 953]

Self-Petitioning Battered or Abused Spouse or Child of a U.S. Citizen or Lawful Permanent Resident

3. Are now residing in the United States or have resided in the United States with the U.S. citizen or lawful permanent resident abuser in the past;

http://www.uscis.gov/sites/default/files/files/form/i-360instr.pdf

Shouldn't #3 be met to qualify for i360?

[Boiler 43,429]

I thought the US Courts would enforce a foreign child support order, but a long process and if you do not know where he is and he has no money anyway seems pointless.

[LDN2DEN 3]

I can only help on child support issue as I have a foreign child support order in place and it was quite easy to do. They offered that I could attend the court by phone instead of flying to NY. Money was paid by cheque every week and now by direct deposit. Call the local family court to get the forms and mail them back.

Good luck

[belinda63 2,981]

She has never lived in the US or even been here so no, VAWA is not an option.

[Caryh 5,206]

I can only help on child support issue as I have a foreign child support order in place and it was quite easy to do. They offered that I could attend the court by phone instead of flying to NY. Money was paid by cheque every week and now by direct deposit. Call the local family court to get the forms and mail them back.

Good luck

The Philippines is not a signatory on the Hague convention on international child support. The UK is.

List of signatory countries

http://www.acf.hhs.gov/programs/css/resource/foreign-reciprocating-countries

[aaron2020 11,651]

Hi,

Sorry about your sister-in-law's situation.

There is no way to get around the annulment. If she files for divorce in the US, the PI will not recognize a divorce initiated by a PI citizen. She will need a PI annulment to end her marriage. (FYI - there is no such thing as getting a divorce at the US Embassy in Manila.)

The I-130 for your SIL is dead without the participation of the petitioner.

VAWA does not apply to her.

Her child has to be 21 years old to petition for her.

Child support is possible if you can find the father. A PI order is meaningless since a PI court has no jurisdiction over a US citizen living in the US. She has to sue for child support in the US where the father lives or where the child lives which will have jurisdiction and can enforce wherever the father is in the US. Without knowing where the father is, she will not be able to he any child support from him.

You are not legally obligated (stuck with the bill) for your SIL. It's up to you to decide if you want to give her money.

For all practical purposes, your SIL is out of luck (your words). Child support will only be possible with a court with jurisdiction and finding the father.

Best of luck.

Edited July 16, 2014 by aaron2020

[subwayguy 100]

Short answer, yes she is out of luck. .

No offence ,if I were in the same situation , I would suspect if it was love or did the girl just wanted money and us citizenship . The idea of somebody sending you money and support you is plain wrong , but in the Philippines , it is widely accepted and expected . (We had a Pinoy maid at home and this is what she said, you could correct me if I'm wrong ) .

Girls need to be independent and support themselves. You are not obligated to send money to your sister.