Jump to content

VisaJourney.com Logo
Gallery      Form Downloads      Example Forms      Processing Times      Embassy Info      Reviews: Embassy/USCIS & POE      Affiliates     Members


Latest VJ Member Visa Approvals - Congratulations!


blank avatarAmanda & Justin
K1 Visa
Canada
Emily & Friday
K1 Visa
Nigeria
blank avatarAngel & Sujerdi
K1 Visa
Dominican Republic
Tabitha & Emmanuel
K1 Visa
Dominican Republic
blank avatarTLB & ATT
K1 Visa
Cameroon
R & G
K1 Visa
Nepal
John & Adena
K1 Visa
Philippines
Greg & Xiang
IR-1/CR-1 Visa
China
sixto & yisauri
IR-1/CR-1 Visa
Dominican Republic
blank avatarSamia & Zakuan
IR-1/CR-1 Visa
Bangladesh

Visa Interviews Today: Good Luck!!


blank avatarGabriel & Rexie
IR-1/CR-1 Visa
Kuwait
blank avatarJasmine & Dick
K1 Visa
Philippines
Rick & Mavis
K1 Visa
Ghana
blank avatarW & D
K1 Visa
Netherlands
ed & luz
K1 Visa
Colombia
blank avatarjeff & carolina
K1 Visa
Colombia
blank avatarRobert & Luz
K1 Visa
Colombia
blank avatarBROWN & KIM
IR-1/CR-1 Visa
South Korea


  • Please log in to reply

what's next after annulment?

#1 prettynpink

prettynpink

    Gold Member

  • PipPipPipPipPipPipPip


Posted 25 December 2007 - 07:24 AM

happy holidays to everyone!!merry christmas and a prosperous new year!!may the good lord bless us all.i got my annulment just this month..an early christmas present from him indeed..just want to be guided step by step through the process..my fiance and i have decided to go o k1 route..my question is...do i need to have my finality endorsed by the local lcr where i filed my annulment to have my annotated mc or having my finality and present them myself at the nso office here in quezon city wud be enough??im thinking of going to the nso here and present them my finality just to get annotated mc?..please enlighten me here...i dont know whats the best thing to do..thanks guys..god bless
  • 0
Posted Image

Posted Image
January 27 2009 POE HOUSTON
March 07,2009 Sent AOS packet by UPS
March 10 2009 aos received signed by CHYBA
March 17, 2009 Check encashed
March 20,2009 NOA1 received for AOS,EAD,AP
March 23,2009 Biometrics appointment recvd
April 16,2009 Biometrics Appintment 8 am
APRIL 2 2009 CASE transferred to CSC
April 30,2009 Touched
May 01,2009 Touched
May 05,2009 EAD and AP Approved.(THANK GOD)
May 11,2009 AP Received
May 13,2009 EAD Received
May 15,2009 got my learner's permit for driving
June 02,2009 RFE for my Son's AOS
June 02,2009 Card Production ordered on mine
June 15 2009 RFE received(new I 693)
June 15, 2009 Card production again
June 17,2009 Got my DL in texas
June 23,2009 Got a touched for RFE on my son's case.Processing resumed
June 26,2009 Got my GC n the mail
June 29 2009 SOn's AOS finally approved
July 01,2009 Got a job!!god is good

#2 jom

jom

    Platinum Member



Posted 25 December 2007 - 12:32 PM

I didnt go thru the same process but thru work experience I must say that bring your documents first to the Local Civil Registrar of the place where you got married so the same can be recorded there then to the NSO. Dont worry, when you get your certificate of finality im sure the court will give you the steps on what to do next. . just ask smile.gif

Merry Christmas smile.gif

Myla

Edited by jom, 25 December 2007 - 12:34 PM.

  • 0
Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center
August 20, 2010 - NOA1 received
October 4, 2010 - Biometrics
January 3, 2011 - Permanent 10 yr. Green Card Received.

#3 Pinay Wife

Pinay Wife

    Diamond Member



Posted 25 December 2007 - 04:14 PM

You cannot directly go to the NSO with just a Certificate of Finality. You need to go to the LCR first which will then issue a Certificate of Registration. The LCR will also make an annotation on your marriage certificate.

Below are the requirements for annulment of marriage to be submitted to NSO prior to the issuance of a NSO-issued MC.

1. Court Decree of Annulment (original or certified true copy)
2. Certificate of Finality (original or certified true copy)
3. Certificate of Registration from LCR (original or certified or true copy)
4. Certified machine copy of annotated Marriage Certificate or Certified True Copy of MC wth the appropriate annotation ( this is issued by the LCR of the place where the marriage certificate was registered.
5. Tax Identification Number (if any). This is required when requesting the document from NSO.

Note: NSO will retrieve its file copy of the MC from its archives and if it has no copy of the said document, the requesting party shall request for an ENDORSEMENT of the document from the LCR and shall be officially transmitted to NSO through mail. Handcarried document is not allowed.
  • 0


#4 prettynpink

prettynpink

    Gold Member

  • PipPipPipPipPipPipPip


Posted 26 December 2007 - 07:19 AM

QUOTE (PatientlyWaiting @ Dec 25 2007, 04:14 PM) <{POST_SNAPBACK}>
You cannot directly go to the NSO with just a Certificate of Finality. You need to go to the LCR first which will then issue a Certificate of Registration. The LCR will also make an annotation on your marriage certificate.

Below are the requirements for annulment of marriage to be submitted to NSO prior to the issuance of a NSO-issued MC.

1. Court Decree of Annulment (original or certified true copy)
2. Certificate of Finality (original or certified true copy)
3. Certificate of Registration from LCR (original or certified or true copy)
4. Certified machine copy of annotated Marriage Certificate or Certified True Copy of MC wth the appropriate annotation ( this is issued by the LCR of the place where the marriage certificate was registered.
5. Tax Identification Number (if any). This is required when requesting the document from NSO.

Note: NSO will retrieve its file copy of the MC from its archives and if it has no copy of the said document, the requesting party shall request for an ENDORSEMENT of the document from the LCR and shall be officially transmitted to NSO through mail. Handcarried document is not allowed.




thanks so much jom and patientlywaiting!!I guess i have to file a leave from the office just to do all these..we can start filing the petition with just the finality right?..the annotated mc will only be needed during the interview right?...Do i need to present it on the lcr where i filed or to the lcr where i got married???or both???i filed my case at bicol and i got married in cagayan valley..thanks again!!GOD BLESS TO US ALL
  • 0
Posted Image

Posted Image
January 27 2009 POE HOUSTON
March 07,2009 Sent AOS packet by UPS
March 10 2009 aos received signed by CHYBA
March 17, 2009 Check encashed
March 20,2009 NOA1 received for AOS,EAD,AP
March 23,2009 Biometrics appointment recvd
April 16,2009 Biometrics Appintment 8 am
APRIL 2 2009 CASE transferred to CSC
April 30,2009 Touched
May 01,2009 Touched
May 05,2009 EAD and AP Approved.(THANK GOD)
May 11,2009 AP Received
May 13,2009 EAD Received
May 15,2009 got my learner's permit for driving
June 02,2009 RFE for my Son's AOS
June 02,2009 Card Production ordered on mine
June 15 2009 RFE received(new I 693)
June 15, 2009 Card production again
June 17,2009 Got my DL in texas
June 23,2009 Got a touched for RFE on my son's case.Processing resumed
June 26,2009 Got my GC n the mail
June 29 2009 SOn's AOS finally approved
July 01,2009 Got a job!!god is good

#5 Pinay Wife

Pinay Wife

    Diamond Member



Posted 27 December 2007 - 01:42 AM

Your annulment process is not officially complete. You risk receiving a RFE or worst a USCIS denial, if you don't submit the complete annulment package and NSO-issued annotated marriage certificate. Remember that the USCIS processes hundreds, if not thousands, of Filipina fiancees with annulment cases each year and they know what documents to look for. It is always wise to submit the complete package to avoid any problems later. Better to do it right the first time.

You will need to bring your Certificate of Finality to the LCR where you filed your annulment for its registration. LCR-Bicol will then send the registration via registered snail mail to LCR-Cagayan Valley for the annotation of your marriage certificate. LCR-Cagayan will then endorse and send via registered snail mail to NSO. It takes take 4-8 weeks for this process, sometimes longer.

Edited by PatientlyWaiting, 27 December 2007 - 01:44 AM.

  • 0


#6 Mark&Jo

Mark&Jo

    Member

  • PipPipPip


Posted 29 December 2007 - 03:03 PM

This is complicated. She had her court hearing in June 07. The judge decision came November 10, 07. It has gone to manila, and now is at the Makati, where the original marriage occurred. I think it is to go to NSO for the last item. whistling.gif
  • 0
Met online August 2006
Meet in Philippines July 2007
I-129F sent to CSC March 2008
NOA2 issued April 2008
Interview July 22, 2008 APPROVED
Arrived USA. POE SFO July 31, 2008
Married September 5, 2008
Filed AOS, EAD, AP September 17, 2008
EAD and AP approved 12/2/2008
AOS approved 02/09/09

#7 raquel_1208

raquel_1208

    Gold Member

  • PipPipPipPipPipPipPip


Posted 29 December 2007 - 07:55 PM

QUOTE (PatientlyWaiting @ Dec 27 2007, 02:42 PM) <{POST_SNAPBACK}>
Your annulment process is not officially complete. You risk receiving a RFE or worst a USCIS denial, if you don't submit the complete annulment package and NSO-issued annotated marriage certificate. Remember that the USCIS processes hundreds, if not thousands, of Filipina fiancees with annulment cases each year and they know what documents to look for. It is always wise to submit the complete package to avoid any problems later. Better to do it right the first time.

You will need to bring your Certificate of Finality to the LCR where you filed your annulment for its registration. LCR-Bicol will then send the registration via registered snail mail to LCR-Cagayan Valley for the annotation of your marriage certificate. LCR-Cagayan will then endorse and send via registered snail mail to NSO. It takes take 4-8 weeks for this process, sometimes longer.



If you could asked the LCR-Cagayan that you will use faster courier like DHL for the endorsement letter addressed to NSO it would be better. It will arrive after 1-2 days and you could go to NSO East Avenue directly to apply for your annotated MC. That's what I did. I was the one who sent it to DHL. After 3 days I went to NSO and paid for 2 copies of my annotated MC. I got it 2 weeks after.
  • 0
05/18/07 married
05/29/07 sent I-130s for me & my daughter at CSC
06/16/07 checks for I-130 cashed
06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed
06/25/07 check for I-129f cashed
06/29/07 transferred I-129f to CSC
07/03/07 received noa1 in the mail for I-129f
10/31/07 approved K3 and my I-130 except for my daughter
11/05/07 received NOA2 in the mail
12/01/07 received mail from NVC/yey we got our case number
12/20/07 went to St. Lukes and had my early medical exam
01/30/08 schedule for medical
02/07/08 interview, approved!
02/12/08 visa pick-up/cfo
02/14/08 POE-LAX
06/19/08 AOS mailed thru USPS
06/22/08 AOS delivered to Chicago IL
06/28/08 check cashed
06/30/08 received NOA1 dated 06/25/08
07/26/08 biometrics appointment
09/09/08 received EAD card in the mail
12/03/08 received interview letter for Jan 21 2009
01/21/09 approved for conditional permanent residence
02/02/09 permanent residence card arrived in the mail
10/21/10 submit form to remove conditions
01/21/11 10 year gc received
03/05/12 mailed my N-400
03/06/12 received email that they have my N-400
04/05/12 biometrics

#8 sofia2009

sofia2009

    Senior Member

  • PipPipPipPipPipPip


Posted 30 December 2007 - 03:51 AM

QUOTE (raquel_1208 @ Dec 29 2007, 08:55 PM) <{POST_SNAPBACK}>
QUOTE (PatientlyWaiting @ Dec 27 2007, 02:42 PM) <{POST_SNAPBACK}>
Your annulment process is not officially complete. You risk receiving a RFE or worst a USCIS denial, if you don't submit the complete annulment package and NSO-issued annotated marriage certificate. Remember that the USCIS processes hundreds, if not thousands, of Filipina fiancees with annulment cases each year and they know what documents to look for. It is always wise to submit the complete package to avoid any problems later. Better to do it right the first time.

You will need to bring your Certificate of Finality to the LCR where you filed your annulment for its registration. LCR-Bicol will then send the registration via registered snail mail to LCR-Cagayan Valley for the annotation of your marriage certificate. LCR-Cagayan will then endorse and send via registered snail mail to NSO. It takes take 4-8 weeks for this process, sometimes longer.



If you could asked the LCR-Cagayan that you will use faster courier like DHL for the endorsement letter addressed to NSO it would be better. It will arrive after 1-2 days and you could go to NSO East Avenue directly to apply for your annotated MC. That's what I did. I was the one who sent it to DHL. After 3 days I went to NSO and paid for 2 copies of my annotated MC. I got it 2 weeks after.


Reading this forum, i realize how nasty the annulment process in the Philippines..i think that is unfair for the people involve..i'm thinking about my brother who is planning to file annulment because his wife cheated on him while he work his butt off in Dubai..how long the process and how much is annulment in the Philippin?..just wanted to know!thanks!
  • 0
AOS Process:
Mar. 11, 2008- ARRIVED US

Mar. 12, 2008- got married

00-00-0000-Temple wedding-Mormon church

Mar.13, 2008-completed vaccinations-I693A supplement from CS

Mar. 18, 2008- sent the AOS package(I-485 and EAD)..applied for SSN..

Mar.19, 2008-Delivered. signed for by V Bustamante-took and passed written driving test

Mar.25, 2008-Check cashed-Received SSN

Mar.27,2008-Received NOA's in mail-Case available online

Mar.28, 2008-Received Biometrics appointment in mail-04/08/08

Apr.08,2008-Biometrics DONE

Apr.08-09,2008-TOUCHED

Apr.14,2008-Transfer Notice date to California(I-485)

Apr.17,2008-Received Notice in the mail about the transfer

Apr.20 and 22,2008-I-485 TOUCHED..No touch on EAD

Apr.24, 2008-Received AR driver license

May 07, 08, 09, 12, 13, 2008- I-485 TOUCHED..

May 16, 2008- I-765 Card production ordered -1st email

May 19, 2008- I-485 TOUCHED

May 21, 2008-I-765 Card production ordered-2nd email

May 22, 2008- I-765 TOUCHED

May 23, 2008-I765 Approval notice sent-3rd email

May 24, 2008- EAD in hand

May 28, 2008-AOS Card production ordered..yehey!!!got another email saying "Notice mailed welcoming the new permanent resident"

May 29, 2008-AOS TOUCHED

June 03, 2008- Green Card in hand

#9 raquel_1208

raquel_1208

    Gold Member

  • PipPipPipPipPipPipPip


Posted 30 December 2007 - 04:17 AM

QUOTE (sofia2009 @ Dec 30 2007, 04:51 PM) <{POST_SNAPBACK}>
QUOTE (raquel_1208 @ Dec 29 2007, 08:55 PM) <{POST_SNAPBACK}>
QUOTE (PatientlyWaiting @ Dec 27 2007, 02:42 PM) <{POST_SNAPBACK}>
Your annulment process is not officially complete. You risk receiving a RFE or worst a USCIS denial, if you don't submit the complete annulment package and NSO-issued annotated marriage certificate. Remember that the USCIS processes hundreds, if not thousands, of Filipina fiancees with annulment cases each year and they know what documents to look for. It is always wise to submit the complete package to avoid any problems later. Better to do it right the first time.

You will need to bring your Certificate of Finality to the LCR where you filed your annulment for its registration. LCR-Bicol will then send the registration via registered snail mail to LCR-Cagayan Valley for the annotation of your marriage certificate. LCR-Cagayan will then endorse and send via registered snail mail to NSO. It takes take 4-8 weeks for this process, sometimes longer.



If you could asked the LCR-Cagayan that you will use faster courier like DHL for the endorsement letter addressed to NSO it would be better. It will arrive after 1-2 days and you could go to NSO East Avenue directly to apply for your annotated MC. That's what I did. I was the one who sent it to DHL. After 3 days I went to NSO and paid for 2 copies of my annotated MC. I got it 2 weeks after.


Reading this forum, i realize how nasty the annulment process in the Philippines..i think that is unfair for the people involve..i'm thinking about my brother who is planning to file annulment because his wife cheated on him while he work his butt off in Dubai..how long the process and how much is annulment in the Philippin?..just wanted to know!thanks!



Usually P100k or more. Cheating alone, the court does not grant annulment to a spouse. It should be in the psychological incapacity category.
  • 0
05/18/07 married
05/29/07 sent I-130s for me & my daughter at CSC
06/16/07 checks for I-130 cashed
06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed
06/25/07 check for I-129f cashed
06/29/07 transferred I-129f to CSC
07/03/07 received noa1 in the mail for I-129f
10/31/07 approved K3 and my I-130 except for my daughter
11/05/07 received NOA2 in the mail
12/01/07 received mail from NVC/yey we got our case number
12/20/07 went to St. Lukes and had my early medical exam
01/30/08 schedule for medical
02/07/08 interview, approved!
02/12/08 visa pick-up/cfo
02/14/08 POE-LAX
06/19/08 AOS mailed thru USPS
06/22/08 AOS delivered to Chicago IL
06/28/08 check cashed
06/30/08 received NOA1 dated 06/25/08
07/26/08 biometrics appointment
09/09/08 received EAD card in the mail
12/03/08 received interview letter for Jan 21 2009
01/21/09 approved for conditional permanent residence
02/02/09 permanent residence card arrived in the mail
10/21/10 submit form to remove conditions
01/21/11 10 year gc received
03/05/12 mailed my N-400
03/06/12 received email that they have my N-400
04/05/12 biometrics

#10 sofia2009

sofia2009

    Senior Member

  • PipPipPipPipPipPip


Posted 30 December 2007 - 05:35 AM

Reading this forum, i realize how nasty the annulment process in the Philippines..i think that is unfair for the people involve..i'm thinking about my brother who is planning to file annulment because his wife cheated on him while he work his butt off in Dubai..how long the process and how much is annulment in the Philippin?..just wanted to know!thanks!
[/quote]


Usually P100k or more. Cheating alone, the court does not grant annulment to a spouse. It should be in the psychological incapacity category.
[/quote]

WHATTTT??????That's insane!!!That ain't right if they are just basing on mental capacity..You mean my brother cannot granted annulment while his wife is f****** another man???Grrrrrrrr!!!
  • 0
AOS Process:
Mar. 11, 2008- ARRIVED US

Mar. 12, 2008- got married

00-00-0000-Temple wedding-Mormon church

Mar.13, 2008-completed vaccinations-I693A supplement from CS

Mar. 18, 2008- sent the AOS package(I-485 and EAD)..applied for SSN..

Mar.19, 2008-Delivered. signed for by V Bustamante-took and passed written driving test

Mar.25, 2008-Check cashed-Received SSN

Mar.27,2008-Received NOA's in mail-Case available online

Mar.28, 2008-Received Biometrics appointment in mail-04/08/08

Apr.08,2008-Biometrics DONE

Apr.08-09,2008-TOUCHED

Apr.14,2008-Transfer Notice date to California(I-485)

Apr.17,2008-Received Notice in the mail about the transfer

Apr.20 and 22,2008-I-485 TOUCHED..No touch on EAD

Apr.24, 2008-Received AR driver license

May 07, 08, 09, 12, 13, 2008- I-485 TOUCHED..

May 16, 2008- I-765 Card production ordered -1st email

May 19, 2008- I-485 TOUCHED

May 21, 2008-I-765 Card production ordered-2nd email

May 22, 2008- I-765 TOUCHED

May 23, 2008-I765 Approval notice sent-3rd email

May 24, 2008- EAD in hand

May 28, 2008-AOS Card production ordered..yehey!!!got another email saying "Notice mailed welcoming the new permanent resident"

May 29, 2008-AOS TOUCHED

June 03, 2008- Green Card in hand

#11 sofia2009

sofia2009

    Senior Member

  • PipPipPipPipPipPip


Posted 30 December 2007 - 05:58 AM

Reading this forum, i realize how nasty the annulment process in the Philippines..i think that is unfair for the people involve..i'm thinking about my brother who is planning to file annulment because his wife cheated on him while he work his butt off in Dubai..how long the process and how much is annulment in the Philippin?..just wanted to know!thanks!
[/quote]


Usually P100k or more. Cheating alone, the court does not grant annulment to a spouse. It should be in the psychological incapacity category.
[/quote]

Also, I would say, cheating on your other half would be consider mental issue laughing.gif laughing.gif ..I always believe in "KARMA"..
"what goes around, comes back around"

  • 0
AOS Process:
Mar. 11, 2008- ARRIVED US

Mar. 12, 2008- got married

00-00-0000-Temple wedding-Mormon church

Mar.13, 2008-completed vaccinations-I693A supplement from CS

Mar. 18, 2008- sent the AOS package(I-485 and EAD)..applied for SSN..

Mar.19, 2008-Delivered. signed for by V Bustamante-took and passed written driving test

Mar.25, 2008-Check cashed-Received SSN

Mar.27,2008-Received NOA's in mail-Case available online

Mar.28, 2008-Received Biometrics appointment in mail-04/08/08

Apr.08,2008-Biometrics DONE

Apr.08-09,2008-TOUCHED

Apr.14,2008-Transfer Notice date to California(I-485)

Apr.17,2008-Received Notice in the mail about the transfer

Apr.20 and 22,2008-I-485 TOUCHED..No touch on EAD

Apr.24, 2008-Received AR driver license

May 07, 08, 09, 12, 13, 2008- I-485 TOUCHED..

May 16, 2008- I-765 Card production ordered -1st email

May 19, 2008- I-485 TOUCHED

May 21, 2008-I-765 Card production ordered-2nd email

May 22, 2008- I-765 TOUCHED

May 23, 2008-I765 Approval notice sent-3rd email

May 24, 2008- EAD in hand

May 28, 2008-AOS Card production ordered..yehey!!!got another email saying "Notice mailed welcoming the new permanent resident"

May 29, 2008-AOS TOUCHED

June 03, 2008- Green Card in hand

#12 raquel_1208

raquel_1208

    Gold Member

  • PipPipPipPipPipPipPip


Posted 30 December 2007 - 06:29 AM

Sofia,

Your brother with the help of good lawyer has to prove that his wife is not psychologically fit to be in a family but it doesnt necessarily mean its all about mental disorder.

Let me quote the decision I got. Its a bit long but I hope it will be helpful for your brother and to other people reading this:

Psychological Incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly cognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which include their mutual obligations to live together, observe love, respect and fidelity and render help and support. More importantly, psychological incapacity must be characterized by a)gravity b)juridical antecedence and c)incurability. Thus it goes without saying that psychological incapacity is confined to the most serious cases of personality disorder which must be duly proven with concrete evidence of said disorder and not by mere narration of character differences nor a tale of disheartening stories which could be passed upon as another material for a soap opera.

In this case, it is shown that the "personality disorder" of the defendant rests on his being a habitual drunkard, gambler and on his being an infidel on top of his refusal to give support to his child. It was elucidated that these demeanors render him to comply with his obligations as a husband as enshrined in the law. While habitual drunkenness, infidelity and excessive gambling are not per se indications that one is psychologically incapacitated, the Court notes from the totality of evidence presented by the plaintiff, that these demeanors displayed by the defendant are actually the very reasons why he could not perform his marital obligations. Despite, plea of the plaintiff for her husband to change and despite the fact that she had even left him, just for him to come to his senses, still the defendant did not change. Instead he continued on with his ways, unmindful of the fact that his family is already falling apart.

It must be stressed that the law does not define with preciseness what psychological incapacity is and therefore the determination is left solely with the Court after studying carefully the facts of the case and the evidence presented by the parties.

The ground to which the petition is anchored on must be taken in its proper context and should not be associated with insanity or a total mental inability to function in all aspects of human life. The ground is restricted to psychological incapacity "to comply with the essential marital obligation." The mental disposition of one or both spouses must be such as to prevent them in bringing about a healthy personal marital relationship within the family, which is necessary for its growth and development.

The basic marital obligations to which the parties must fulfill are those enumerated in Article 68 of the Family Code, to wit:
"The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and mutual help and support."

The establishment of conjugal living becomes an impossibility where the parties are incapacitated to live together and render mutual love and respect and fidelity as mentioned above.

This court adheres to the view that marriage is not a fleeting relation but a lifetime commitment. The court would always want to abstain from becoming unwilling implement for rendering apart a family. However if it finds the psychological incapacity demonstrated by one of the parties of both as very grave so that the said party would not be able to carry out the ordinary duties required in marriage and the court finds out that this incapacity is rooted in the history of the concerned spouse antedating the marriage although the plaintiff only noticed the overt manifestation after the marriage and that the psychological incapacity is beyond cure, this court will not hesitate to annul the marriage. It is the view of the court in the instant petition that all the exacting requirements of the law prove that defendant-respondent is suffering from psychological incapacity. No one, not even the court could force the plaintiff and defendant to suffer a marriage that is in name only, which by law should be considered void from the beginning. Plaintiff must therefore be given relief from the bounds of his marital vows.

Edited by raquel_1208, 30 December 2007 - 06:31 AM.

  • 0
05/18/07 married
05/29/07 sent I-130s for me & my daughter at CSC
06/16/07 checks for I-130 cashed
06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed
06/25/07 check for I-129f cashed
06/29/07 transferred I-129f to CSC
07/03/07 received noa1 in the mail for I-129f
10/31/07 approved K3 and my I-130 except for my daughter
11/05/07 received NOA2 in the mail
12/01/07 received mail from NVC/yey we got our case number
12/20/07 went to St. Lukes and had my early medical exam
01/30/08 schedule for medical
02/07/08 interview, approved!
02/12/08 visa pick-up/cfo
02/14/08 POE-LAX
06/19/08 AOS mailed thru USPS
06/22/08 AOS delivered to Chicago IL
06/28/08 check cashed
06/30/08 received NOA1 dated 06/25/08
07/26/08 biometrics appointment
09/09/08 received EAD card in the mail
12/03/08 received interview letter for Jan 21 2009
01/21/09 approved for conditional permanent residence
02/02/09 permanent residence card arrived in the mail
10/21/10 submit form to remove conditions
01/21/11 10 year gc received
03/05/12 mailed my N-400
03/06/12 received email that they have my N-400
04/05/12 biometrics

#13 prettynpink

prettynpink

    Gold Member

  • PipPipPipPipPipPipPip


Posted 31 December 2007 - 07:14 AM

QUOTE (raquel_1208 @ Dec 30 2007, 06:29 AM) <{POST_SNAPBACK}>
Sofia,

Your brother with the help of good lawyer has to prove that his wife is not psychologically fit to be in a family but it doesnt necessarily mean its all about mental disorder.

Let me quote the decision I got. Its a bit long but I hope it will be helpful for your brother and to other people reading this:

Psychological Incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly cognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which include their mutual obligations to live together, observe love, respect and fidelity and render help and support. More importantly, psychological incapacity must be characterized by a)gravity b)juridical antecedence and c)incurability. Thus it goes without saying that psychological incapacity is confined to the most serious cases of personality disorder which must be duly proven with concrete evidence of said disorder and not by mere narration of character differences nor a tale of disheartening stories which could be passed upon as another material for a soap opera.

In this case, it is shown that the "personality disorder" of the defendant rests on his being a habitual drunkard, gambler and on his being an infidel on top of his refusal to give support to his child. It was elucidated that these demeanors render him to comply with his obligations as a husband as enshrined in the law. While habitual drunkenness, infidelity and excessive gambling are not per se indications that one is psychologically incapacitated, the Court notes from the totality of evidence presented by the plaintiff, that these demeanors displayed by the defendant are actually the very reasons why he could not perform his marital obligations. Despite, plea of the plaintiff for her husband to change and despite the fact that she had even left him, just for him to come to his senses, still the defendant did not change. Instead he continued on with his ways, unmindful of the fact that his family is already falling apart.

It must be stressed that the law does not define with preciseness what psychological incapacity is and therefore the determination is left solely with the Court after studying carefully the facts of the case and the evidence presented by the parties.

The ground to which the petition is anchored on must be taken in its proper context and should not be associated with insanity or a total mental inability to function in all aspects of human life. The ground is restricted to psychological incapacity "to comply with the essential marital obligation." The mental disposition of one or both spouses must be such as to prevent them in bringing about a healthy personal marital relationship within the family, which is necessary for its growth and development.

The basic marital obligations to which the parties must fulfill are those enumerated in Article 68 of the Family Code, to wit:
"The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and mutual help and support."

The establishment of conjugal living becomes an impossibility where the parties are incapacitated to live together and render mutual love and respect and fidelity as mentioned above.

This court adheres to the view that marriage is not a fleeting relation but a lifetime commitment. The court would always want to abstain from becoming unwilling implement for rendering apart a family. However if it finds the psychological incapacity demonstrated by one of the parties of both as very grave so that the said party would not be able to carry out the ordinary duties required in marriage and the court finds out that this incapacity is rooted in the history of the concerned spouse antedating the marriage although the plaintiff only noticed the overt manifestation after the marriage and that the psychological incapacity is beyond cure, this court will not hesitate to annul the marriage. It is the view of the court in the instant petition that all the exacting requirements of the law prove that defendant-respondent is suffering from psychological incapacity. No one, not even the court could force the plaintiff and defendant to suffer a marriage that is in name only, which by law should be considered void from the beginning. Plaintiff must therefore be given relief from the bounds of his marital vows.




thanks everyone for all your replies..this has been stressfull enough..annulment indeed requires patience..im thankful im halfway through it...im just confused ..some directed me to go to LCR cagayan valley where i got married right after i get the finality..some suggested to go both to the lcr where i filed my case and where i got married.?which is which...please enlighten me..going on both LCR wont be a big deal i just done want any mistakes in doing this..it has been a very very tiring and emotianally draining experience for me..i will surely do what raquel has suggested having it mailed through the dhl if they will let me too...thank you so much...please let me know.


HAPPY NEW YEAR..AND GOD BLESS...
  • 0
Posted Image

Posted Image
January 27 2009 POE HOUSTON
March 07,2009 Sent AOS packet by UPS
March 10 2009 aos received signed by CHYBA
March 17, 2009 Check encashed
March 20,2009 NOA1 received for AOS,EAD,AP
March 23,2009 Biometrics appointment recvd
April 16,2009 Biometrics Appintment 8 am
APRIL 2 2009 CASE transferred to CSC
April 30,2009 Touched
May 01,2009 Touched
May 05,2009 EAD and AP Approved.(THANK GOD)
May 11,2009 AP Received
May 13,2009 EAD Received
May 15,2009 got my learner's permit for driving
June 02,2009 RFE for my Son's AOS
June 02,2009 Card Production ordered on mine
June 15 2009 RFE received(new I 693)
June 15, 2009 Card production again
June 17,2009 Got my DL in texas
June 23,2009 Got a touched for RFE on my son's case.Processing resumed
June 26,2009 Got my GC n the mail
June 29 2009 SOn's AOS finally approved
July 01,2009 Got a job!!god is good

#14 prettynpink

prettynpink

    Gold Member

  • PipPipPipPipPipPipPip


Posted 31 December 2007 - 07:49 AM

QUOTE (prettynpink @ Dec 31 2007, 07:14 AM) <{POST_SNAPBACK}>
QUOTE (raquel_1208 @ Dec 30 2007, 06:29 AM) <{POST_SNAPBACK}>
Sofia,

Your brother with the help of good lawyer has to prove that his wife is not psychologically fit to be in a family but it doesnt necessarily mean its all about mental disorder.

Let me quote the decision I got. Its a bit long but I hope it will be helpful for your brother and to other people reading this:

Psychological Incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly cognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which include their mutual obligations to live together, observe love, respect and fidelity and render help and support. More importantly, psychological incapacity must be characterized by a)gravity b)juridical antecedence and c)incurability. Thus it goes without saying that psychological incapacity is confined to the most serious cases of personality disorder which must be duly proven with concrete evidence of said disorder and not by mere narration of character differences nor a tale of disheartening stories which could be passed upon as another material for a soap opera.

In this case, it is shown that the "personality disorder" of the defendant rests on his being a habitual drunkard, gambler and on his being an infidel on top of his refusal to give support to his child. It was elucidated that these demeanors render him to comply with his obligations as a husband as enshrined in the law. While habitual drunkenness, infidelity and excessive gambling are not per se indications that one is psychologically incapacitated, the Court notes from the totality of evidence presented by the plaintiff, that these demeanors displayed by the defendant are actually the very reasons why he could not perform his marital obligations. Despite, plea of the plaintiff for her husband to change and despite the fact that she had even left him, just for him to come to his senses, still the defendant did not change. Instead he continued on with his ways, unmindful of the fact that his family is already falling apart.

It must be stressed that the law does not define with preciseness what psychological incapacity is and therefore the determination is left solely with the Court after studying carefully the facts of the case and the evidence presented by the parties.

The ground to which the petition is anchored on must be taken in its proper context and should not be associated with insanity or a total mental inability to function in all aspects of human life. The ground is restricted to psychological incapacity "to comply with the essential marital obligation." The mental disposition of one or both spouses must be such as to prevent them in bringing about a healthy personal marital relationship within the family, which is necessary for its growth and development.

The basic marital obligations to which the parties must fulfill are those enumerated in Article 68 of the Family Code, to wit:
"The husband and wife are obliged to live together, observe mutual love, respect and fidelity, and mutual help and support."

The establishment of conjugal living becomes an impossibility where the parties are incapacitated to live together and render mutual love and respect and fidelity as mentioned above.

This court adheres to the view that marriage is not a fleeting relation but a lifetime commitment. The court would always want to abstain from becoming unwilling implement for rendering apart a family. However if it finds the psychological incapacity demonstrated by one of the parties of both as very grave so that the said party would not be able to carry out the ordinary duties required in marriage and the court finds out that this incapacity is rooted in the history of the concerned spouse antedating the marriage although the plaintiff only noticed the overt manifestation after the marriage and that the psychological incapacity is beyond cure, this court will not hesitate to annul the marriage. It is the view of the court in the instant petition that all the exacting requirements of the law prove that defendant-respondent is suffering from psychological incapacity. No one, not even the court could force the plaintiff and defendant to suffer a marriage that is in name only, which by law should be considered void from the beginning. Plaintiff must therefore be given relief from the bounds of his marital vows.




thanks everyone for all your replies..this has been stressfull enough..annulment indeed requires patience..im thankful im halfway through it...im just confused ..some directed me to go to LCR cagayan valley where i got married right after i get the finality..some suggested to go both to the lcr where i filed my case and where i got married.?which is which...please enlighten me..going on both LCR wont be a big deal i just done want any mistakes in doing this..it has been a very very tiring and emotianally draining experience for me..i will surely do what raquel has suggested having it mailed through the dhl if they will let me too...thank you so much...please let me know.


HAPPY NEW YEAR..AND GOD BLESS...



can we file the petition as soon as i get the finality????..my fiance is planning to do so...correct me if i am wrong but i have heard that you can file the petition for k1 as soon as you get the finality and make sure i will have the annotated mc before the interview..thanks again...


HAPPY NEW YEAR TO EVERYONE!!!PRAISE JESUS FOR THE WONDERFUL YEAR...
  • 0
Posted Image

Posted Image
January 27 2009 POE HOUSTON
March 07,2009 Sent AOS packet by UPS
March 10 2009 aos received signed by CHYBA
March 17, 2009 Check encashed
March 20,2009 NOA1 received for AOS,EAD,AP
March 23,2009 Biometrics appointment recvd
April 16,2009 Biometrics Appintment 8 am
APRIL 2 2009 CASE transferred to CSC
April 30,2009 Touched
May 01,2009 Touched
May 05,2009 EAD and AP Approved.(THANK GOD)
May 11,2009 AP Received
May 13,2009 EAD Received
May 15,2009 got my learner's permit for driving
June 02,2009 RFE for my Son's AOS
June 02,2009 Card Production ordered on mine
June 15 2009 RFE received(new I 693)
June 15, 2009 Card production again
June 17,2009 Got my DL in texas
June 23,2009 Got a touched for RFE on my son's case.Processing resumed
June 26,2009 Got my GC n the mail
June 29 2009 SOn's AOS finally approved
July 01,2009 Got a job!!god is good

#15 raquel_1208

raquel_1208

    Gold Member

  • PipPipPipPipPipPipPip


Posted 31 December 2007 - 10:50 AM

thanks everyone for all your replies..this has been stressfull enough..annulment indeed requires patience..im thankful im halfway through it...im just confused ..some directed me to go to LCR cagayan valley where i got married right after i get the finality..some suggested to go both to the lcr where i filed my case and where i got married.?which is which...please enlighten me..going on both LCR wont be a big deal i just done want any mistakes in doing this..it has been a very very tiring and emotianally draining experience for me..i will surely do what raquel has suggested having it mailed through the dhl if they will let me too...thank you so much...please let me know.


HAPPY NEW YEAR..AND GOD BLESS...
[/quote]

I asked for instruction from the court staff and they told me to bring a copy of the decision and the finality to LCR where I filed my case. So I went and they give me a certificate that says its recorded in their books. Next, I went to the LCR where my marriage is registered and give them another copy of the decision, finality and the certificate. They gave me an endorsement letter addressed to NSO and a copy of my marriage certificate with annotations that it has been annulled. I sent the letter through DHL and after 4 days I went directly to NSO bringing with me the receipt I paid at DHL and paid 2 copies of my annotated MC. There is a special area at NSO for people like us so the line is a bit shorter.

Edited by raquel_1208, 31 December 2007 - 10:55 AM.

  • 0
05/18/07 married
05/29/07 sent I-130s for me & my daughter at CSC
06/16/07 checks for I-130 cashed
06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed
06/25/07 check for I-129f cashed
06/29/07 transferred I-129f to CSC
07/03/07 received noa1 in the mail for I-129f
10/31/07 approved K3 and my I-130 except for my daughter
11/05/07 received NOA2 in the mail
12/01/07 received mail from NVC/yey we got our case number
12/20/07 went to St. Lukes and had my early medical exam
01/30/08 schedule for medical
02/07/08 interview, approved!
02/12/08 visa pick-up/cfo
02/14/08 POE-LAX
06/19/08 AOS mailed thru USPS
06/22/08 AOS delivered to Chicago IL
06/28/08 check cashed
06/30/08 received NOA1 dated 06/25/08
07/26/08 biometrics appointment
09/09/08 received EAD card in the mail
12/03/08 received interview letter for Jan 21 2009
01/21/09 approved for conditional permanent residence
02/02/09 permanent residence card arrived in the mail
10/21/10 submit form to remove conditions
01/21/11 10 year gc received
03/05/12 mailed my N-400
03/06/12 received email that they have my N-400
04/05/12 biometrics


Back to Top ↑


0 user(s) are browsing this forum

0 members, 0 guests, 0 anonymous users


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.