can my child can get a child support if i annul my marriage to a usc and im still here in philippines?

[marklovetina 52]

If the USC petioner initiates the divorce in the US then the divorce is recognized by the Philippine government.

uhmmm she needs to submit her divorce decree to the phil. court and process it before the phil. gov't recognize it...

[Pinay Wife 47]

I remember reading something specific to PI 'divorces' - ie- annulment with a foreigner is not possible in the PI unless there is a divorce decree in place, that the USC filed (not the PI person), from the USA.

The marriage to a foreign national, like any marriage in the Philippines may be subject to annulment, as long as petitioner has valid grounds. But annulment is expensive and is a long process hence it is always suggested that a divorce be initiated by the foreign national.

Then the divorce decree gets 'certified' by RSO and/or the PI Embassy/Consulate in USA, and then, and only then, could the annulment be filed.

No need to file for annulment but the divorce decree must be judicially recognized in the Philippines. More often than not, it is the Philippine national who files for the petition for Judicial Recognition of a Foreign Divorce Decree. The existence of a valid divorce decree does not automatically entitle the Filipino to remarry in the Philippines. The proper action or petition still needs to be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized in the Philippines.

Thanks for the info on the annulment of marriage in the Philippines. I didn't know that. Under US and British law it is outright impossible to annul a marriage to a husband who is also the father of the couple's maternal child which makes sense, a lot of sense, as killing the child and pretending it was never conceived during the martial union in order to undo what had been done would be somewhat cruel.

Philippine law recognizes the absurdity of the resulting legitimacy questions about the children hence our Family Code states:

"Art. 43. The termination of the subsequent marriage referred to in the preceding Article shall produce the following effects:

(1) The children of the subsequent marriage conceived prior to its termination shall be considered legitimate;"

[Pinay Wife 47]

To OP, I agree with JimVaPhuong that there is nothing much you can do about financial support for your child unless you are willing to spend $$$ by filing a case in US court. The US will not enforce a Philippine court order unless there is some reciprocity agreement in place.

[Chali 0]

Thanks for the info on the annulment of marriage in the Philippines. I didn't know that. Under US and British law it is outright impossible to annul a marriage to a husband who is also the father of the couple's maternal child which makes sense, a lot of sense, as killing the child and pretending it was never conceived during the martial union in order to undo what had been done would be somewhat cruel.

But, as Jim already stated, no annulment from the Philippines has any bearing in the US and if the husband and father is uncooperative, the way to the money is going to be darn expensive.

.......you never give up do you.lol

[nicole_nathan 0]

There is no reciprocal child support enforcement agreement between the Philippines and the United States at the national level, so the US government will do nothing to enforce a support order issued by a court in the Philippines. The Uniform Interstate Family Support Act gives individual states the authority to enter into reciprocity agreements with foreign nations for the enforcement of support. However, from what I can tell, no state currently has a reciprocity agreement with the Philippines:

http://travel.state.gov/family/services/su...pport_2600.html

You can also apply directly to the state's Child Support Enforcement agency, but there's little chance they'll do anything if the state doesn't have reciprocity agreement with the country where the support order was issued.

Your best bet is to get an order from a family court in the US, but this can be difficult. Many states require the petitioner to have immigrant status in the US, and/or be a resident of the state. You should first check the laws of the state where the father lives, since enforcement is a lot easier if the order is issued by the same state. An order issued in another state can be enforced through the Uniform Reciprocal Enforcement of Support Act, but this can take years, depending on the states involved. If he's willing to relocate frequently or work "under the table", you'll have a difficult time collecting anything. Most states will suspend the respondent's passport and professional licenses if they are in arrears on support payments, which might put some pressure on him to pay. The first step is to get a court order for payment, though.

You may need a paternity test before a court will issue an order of support. The court CAN order him to submit to a paternity test.

Unfortunately, there's a good chance this could cost a lot more in attorney fees than you'll ultimately collect in support payments, and there's no guarantee after spending all that money that you'll even get an order of support, or that the order will be successfully enforced and you'll get any money.

There are two things you need to prove when you file for a CRBA. First, you have to prove who the father of the child is. If he won't sign an affidavit of paternity, then you'll probably need to get a DNA test. Second, you have to prove that the father is a US citizen. This means birth certificate, passport, etc. Good luck getting either of these if the father won't cooperate.

There's nothing you can do about the petition at NVC. Without an affidavit of support, your visa application is dead. You can't force him to provide the affidavit. In fact, even a US court can't force him to provide it. Sponsoring you for an immigrant visa is entirely at his discretion. Nobody can force him to cooperate, and there is no penalty on him if he refuses. VAWA is sometimes an option for women in this situation, but they have to prove they were abused, and they have to prove that the abuse occurred in the US (unless the US citizen spouse is a member of the military or an employee of the US government working abroad). If you've never been to the US, then this isn't an option for you.

about filing the CRBA, i have the birth certificate of my husband here and the photo copy of his passport and some i'd's of him from work and his divorce decree paper, and a certificate employment from his work, do u think is that enough for the filing of our son's CRBA here in USEM manila? and about the DNA test is the immigration is the one who will goin to send about the DNA testing and what if he doesnt want to do that? ( he is not yet my x cuz we havent filed anything yet either him he didnt filed yet a divorce, and he didnt cancelled yet my paperwork at the immigration we just dont talk to each other since last week of january 2010, that's why i dont know where to stand, but for me i dont wanna wait for nothing in the end, that's why im anticipating it already and conducting the possible answer to my problem and what will goin to happen in the fututure.) but still hoping that my marriage will workout cuz we had a son and i want my son to grow up that has a complete family. that he can be proud of someday..

[Dakine 26]

about filing the CRBA, i have the birth certificate of my husband here and the photo copy of his passport and some i'd's of him from work and his divorce decree paper, and a certificate employment from his work, do u think is that enough for the filing of our son's CRBA here in USEM manila? and about the DNA test is the immigration is the one who will goin to send about the DNA testing and what if he doesnt want to do that? ( he is not yet my x cuz we havent filed anything yet either him he didnt filed yet a divorce, and he didnt cancelled yet my paperwork at the immigration we just dont talk to each other since last week of january 2010, that's why i dont know where to stand, but for me i dont wanna wait for nothing in the end, that's why im anticipating it already and conducting the possible answer to my problem and what will goin to happen in the fututure.) but still hoping that my marriage will workout cuz we had a son and i want my son to grow up that has a complete family. that he can be proud of someday..

Whether or not your hubby will be required to get a DNA test is up to the CO at the USEM.

You need evidence your hubby was with you at the time of conception.

The child having the fathers "looks" helps also.

[nicole_nathan 0]

Whether or not your hubby will be required to get a DNA test is up to the CO at the USEM.

You need evidence your hubby was with you at the time of conception.

The child having the fathers "looks" helps also.

yes he look's like his father ( our kid ) and is the passport is enough for the proof of that he is here when the time of conception cuz it has a stamp of his coming and goin back to the u.s? and about the DNA am i the one who gonna pay for the DNA testing or the father of my son is it compulsary to conduct a DNA wether he like it or not if the CO will request him? and what if he doesn't want to cooperate about DNA testing? and the Ultrasound that i have here is that also a proof for the time of my conception right and my prenatal booklet and his email to me and our chat logs talking about our baby coming is it also one of the proof right?

[Pinay Wife 47]

yes he look's like his father ( our kid ) and is the passport is enough for the proof of that he is here when the time of conception cuz it has a stamp of his coming and goin back to the u.s and about the DNA am i the one who gonna pay for the DNA testing or the father of my son is it compulsary to conduct a DNA wether he like it or not if the CO will request him? and what if he doesn't want to cooperate about DNA testing? and the Ultrasound that i have here is that also a proof for the time of my conception right and my prenatal booklet and his email to me and our chat logs talking about our baby coming is it also one of the proof right?

The passport stamps and the emails and chat logs are good evidences. You will also need to present your child's NSO-certified birth certificate and your NSO-certified marriage contract. If you also have pictures of your husband with your baby, bring those with you as well. If you also have a copy of the petition identifying your child as his son, that would also serve as evidence.

The US Embassy cannot force your husband to submit to a DNA testing if he does not want to cooperate but a court order can. With or without your husband's cooperation but with whatever documents you have, try to have your baby registered as a US citizen while he is still young. Just hope and pray that the US Embassy will recognize the baby even if the father reneged on his obligations. It is worth a try.

Edited March 1, 2010 by Pinay Wife

[Troy W 0]

Not 100% sure but my understanding is that the US recognizes any child born from the result of a marriage to a USC as qualified for USC until they are a certain age. so I don't know that she will have to prove anything other than she is/was married to a USC

[VanessaTony 3,567]

Not 100% sure but my understanding is that the US recognizes any child born from the result of a marriage to a USC as qualified for USC until they are a certain age. so I don't know that she will have to prove anything other than she is/was married to a USC

no unfortunately you're wrong. As the child was born overseas there needs to be a consular report of birth abroad (CRBA) to claim the child as a USC and get a US passport etc.

Even when married they typically require a DNA test to prove the child is in fact the child of the USC.

Link: http://manila.usembassy.gov/wwwha003.html

[Kathryn41 3,205]

Posts about transnational marriages split from this thread and moved to its own thread in the Philippines Regional Forum. Duplicate posts removed.

[marklovetina 52]

no unfortunately you're wrong. As the child was born overseas there needs to be a consular report of birth abroad (CRBA) to claim the child as a USC and get a US passport etc.

Even when married they typically require a DNA test to prove the child is in fact the child of the USC.

Link: http://manila.usembassy.gov/wwwha003.html

:thumbs:

nothing difference even in a canadian embassy..... i am just wondering guys.. in a us embassy do the CO/ embassy required that a USC needs to cooperate?, what if i have evidences like what pinay wife written above and want to give it a try... but the husband refused to acknowledge the child do a wife can do about it...? its just a thought... :unsure:

Edited March 2, 2010 by godsgift

[nicole_nathan 0]

The passport stamps and the emails and chat logs are good evidences. You will also need to present your child's NSO-certified birth certificate and your NSO-certified marriage contract. If you also have pictures of your husband with your baby, bring those with you as well. If you also have a copy of the petition identifying your child as his son, that would also serve as evidence.

The US Embassy cannot force your husband to submit to a DNA testing if he does not want to cooperate but a court order can. With or without your husband's cooperation but with whatever documents you have, try to have your baby registered as a US citizen while he is still young. Just hope and pray that the US Embassy will recognize the baby even if the father reneged on his obligations. It is worth a try.

hi pinaywife!

my hubby and my baby dont have a picture's together cuz after our wedding he didnt come again in the philippines, then i got pregnant after the wedding and he didnt petition yet the baby cuz he was born while were the paperworks was on progress, and i know that no need to file for petiton if you were goin to apply for the CRBA here our baby is just 6 month's old this month. that's what ive heard if im not mistaken? so i will be goin to the us embassy here in manila and bring all those evidence's and present those paper's to them maybe this week. thank's to all of you who had give advice's and opinion's regarding this matter and i really appreciate it very much.

[Pinay Wife 47]

and i know that no need to file for petiton if you were goin to apply for the CRBA here our baby is just 6 month's old this month. that's what ive heard if im not mistaken? so i will be goin to the us embassy here in manila and bring all those evidence's and present those paper's to them maybe this week. thank's to all of you who had give advice's and opinion's regarding this matter and i really appreciate it very much.

Yes, no need to petition the baby if one parent is a US citizen.

I say go get that CRBA based on what you have. Your baby also needs to make a personal appearance.

Please let us know what happens. And lots of good luck to you!

Edited March 2, 2010 by Pinay Wife

[nicole_nathan 0]

Yes, no need to petition the baby if one parent is a US citizen.

I say go get that CRBA based on what you have. Your baby also needs to make a personal appearance.

Please let us know what happens. And lots of good luck to you!

hi pinaywife!

we went already at the us embassy this morning but unluckily we arrived late huhuhu... but we will goin back tomorrow morning, and im nervous cuz dont know what to tell. pls..keep us in your prayer hope that everything will turn out right about the crba of my baby. hope they recognized my baby as a USC son. i will update you all of what will goin to happen tomorrow..pls pray for us pls...