[johnandcheryl]

Hi Everyone,

The wonderful Filipina I wish to marry is actually here in the U.S. now with me on a tourist visa along with her six year old daughter. They arrived just over a month ago. She was able to get her first U.S. visa as a tourist visa as she had a good long term job in Singapore. She was to be transferred to Manila in May for a position there but gave that up by coming here.

We have decided we would like to get married but the dilemma is that she is still technically married to a Filipino and the marriage took place in the Philippines some years ago but was never annulled (lack of funds).

It seems that if she wasn't still married, we could go the I-130 route and file a concurrent I-485 to adjust her status so she and her daughter could remain here while the I-130 is in process.

But since she is still technically married (Filipino spouse is in Singapore and is amicable and will not contest divorce), she needs to get an annulment done first.

That process will take six months to a year (I've got one lawyer guaranteeing six months for 260K Pesos but I will only accept that if I pay in milestones and last payment if annulment is actually done in six months!). Another lawyer is saying one year and wants 200K Pesos. Both in Manila. Marriage was in Iligan but doesn't seem to matter where you file for annulment. I know some lawyers may "bribe" court clerks to "speed up" annulment cases and that's why the first lawyer is asking for more.

The dilemma for us is that her six year old daughter grew up in Singapore (where her mother was working and living) and so DOES NOT speak Tagalog but rather English and Mandarin Chinese.

Her tourist visa allows her to stay until early October and then would have to return to PI but that would be a hardship for the daughter since she would have to attend school there and is not be able to speak the language. Granted, a six year old would compensate but it would still be hard. Also, her mother wouldn't have anything to do there. Sending them back to the PI is like putting them in a penalty box.

I know we can request an extension to her tourist visa but that's iffy at best.

And it's entirely likely that for her annulment, she would have to testify one day in court there unless anyone knows if Philippine courts accept annulment cases without the plantiff appearing. I've learned that her husband does not need to appear as long as he's not contesting.

Then, after the annulment is done, I can file a I-130 for a K-1 Fiancee Visa for her and a K-2 for her daughter. That would take another 140 days from when the annulment would be done.

All told, this could end up taking as long as a year and a half. A half year to a year for the annulment and another six or eight months for the fiancee visa.

Isn't there some way to shorten this?

She is forty and we would like the opportunity to have one child together and keeping us apart for that long means less likely for it happen and more difficult for her in terms of being older and having a baby. We might have to give up on the chance of having a healthy baby as a result.

Sorry for the long post but it's a bit complicated and so I wanted to explain it for anyone that might render some advice. Thanks and I'm glad this forum is here.

John and Cheryl

[mimolicious]

coming here on a visitor visa with the intent to marry and immigrate is fraud

[johnandcheryl]

coming here on a visitor visa with the intent to marry and immigrate is fraud

Hi, thank you but we know that -- it wasn't her intent to get married when she obtained a tourist visa. We have decided since she got here that we would like to marry. She spent two weeks in LA visiting family there and two weeks with me and my daughter as we did sightseeing in NYC and PA. Now she would like to stay here for the remainder allowable on her tourist visa (until early October) and we are enrolling her daughter in school here so that she is not missing out on an education.

Please, we are looking for help not criticism from the members here. Thank you.

[belinda63]

Well she can't file for a family based visa or to adjust status as she is not free to marry. I think John has the process pretty well planned out but is just looking for anything he might have missed that would make the process shorter. Maybe you could post in the Philippine forum as they could provide more specific advise about the annulment process and how long it takes. Me, completely uneducated about it, understand from several posts I have read that the process is long and difficult.

Can the daughter attend school on a tourist visa?

Edited by belinda63, 16 May 2012 - 10:30 AM.

[johnandcheryl]

Well she can't file for a family based visa or to adjust status as she is not free to marry. I think John has the process pretty well planned out but is just looking for anything he might have missed that would make the process shorter. Maybe you could post in the Philippine forum as they could provide more specific advise about the annulment process and how long it takes. Me, completely uneducated about it, understand from several posts I have read that the process is long and difficult.

Can the daughter attend school on a tourist visa?

Thank you Belinda -- yes, daughter can attend school while on a tourist visa. Remember that even illegal alien children that cross the border from Mexico can attend school here unless state law has changed it. We haven't run into any trouble in enrolling her since they see that I have filled out an Affidavit of Residency indicating that her residence is in my home within the school's district.

[rocks]

Then, after the annulment is done, I can file a I-130 for a K-1 Fiancee Visa for her and a K-2 for her daughter. That would take another 140 days from when the annulment would be done.

I-130 is not for K-1, that is for people who are married. I-130 is "Petition for Alien Relative". K-1 is "Petition for Alien Fiancé(e)". Fiancee visas are for people who are not married. I suggest you read the guides here and try to become familiar with the different types of visa. Sorry to say but there is no way to shorten this, you will have to wait like everyone else.

[johnandcheryl]

I-130 is not for K-1, that is for people who are married. I-130 is "Petition for Alien Relative". K-1 is "Petition for Alien Fiancé(e)". Fiancee visas are for people who are not married. I suggest you read the guides here and try to become familiar with the different types of visa. Sorry to say but there is no way to shorten this, you will have to wait like everyone else.

Rocks, thanks for the correction -- it's the 129F I believe. I stand corrected.

[rocks]

Rocks, thanks for the correction -- it's the 129F I believe. I stand corrected.

I-129F is for your fiancee, yes. She would also need to return to her country of residence for a medical exam and interview.

[bestofboston]

You mentioned that her husband lives in Singapore. Can you get the divorce done in Singapore? It may be a lot faster.
The USCIS does not care where the divorce occurred.
As long as she does not need to return to the Philippines before your marriage, I don't see being divorced in Singapore being an issue.

[Joandjo]

Hi Everyone,

The wonderful Filipina I wish to marry is actually here in the U.S. now with me on a tourist visa along with her six year old daughter. They arrived just over a month ago. She was able to get her first U.S. visa as a tourist visa as she had a good long term job in Singapore. She was to be transferred to Manila in May for a position there but gave that up by coming here.

We have decided we would like to get married but the dilemma is that she is still technically married to a Filipino and the marriage took place in the Philippines some years ago but was never annulled (lack of funds).

It seems that if she wasn't still married, we could go the I-130 route and file a concurrent I-485 to adjust her status so she and her daughter could remain here while the I-130 is in process.

But since she is still technically married (Filipino spouse is in Singapore and is amicable and will not contest divorce), she needs to get an annulment done first.

That process will take six months to a year (I've got one lawyer guaranteeing six months for 260K Pesos but I will only accept that if I pay in milestones and last payment if annulment is actually done in six months!). Another lawyer is saying one year and wants 200K Pesos. Both in Manila. Marriage was in Iligan but doesn't seem to matter where you file for annulment. I know some lawyers may "bribe" court clerks to "speed up" annulment cases and that's why the first lawyer is asking for more.

The dilemma for us is that her six year old daughter grew up in Singapore (where her mother was working and living) and so DOES NOT speak Tagalog but rather English and Mandarin Chinese.

Her tourist visa allows her to stay until early October and then would have to return to PI but that would be a hardship for the daughter since she would have to attend school there and is not be able to speak the language. Granted, a six year old would compensate but it would still be hard. Also, her mother wouldn't have anything to do there. Sending them back to the PI is like putting them in a penalty box.

I know we can request an extension to her tourist visa but that's iffy at best.

And it's entirely likely that for her annulment, she would have to testify one day in court there unless anyone knows if Philippine courts accept annulment cases without the plantiff appearing. I've learned that her husband does not need to appear as long as he's not contesting.

Then, after the annulment is done, I can file a I-130 for a K-1 Fiancee Visa for her and a K-2 for her daughter. That would take another 140 days from when the annulment would be done.

All told, this could end up taking as long as a year and a half. A half year to a year for the annulment and another six or eight months for the fiancee visa.

Isn't there some way to shorten this?

She is forty and we would like the opportunity to have one child together and keeping us apart for that long means less likely for it happen and more difficult for her in terms of being older and having a baby. We might have to give up on the chance of having a healthy baby as a result.

Sorry for the long post but it's a bit complicated and so I wanted to explain it for anyone that might render some advice. Thanks and I'm glad this forum is here.

John and Cheryl

Don't underestimate the seriousness of the issue of inullment (I'm sure your Fiancee has told you) in the Philippines, it is major complex. Yes you should be asking about it in the Philippines forum.

[johnandcheryl]

I orginally posted this in the K-1 Fiancee Visa forum but was advised by some members to post it here to get feedback.


Hi Everyone,

The wonderful Filipina I wish to marry is actually here in the U.S. now with me on a tourist visa along with her six year old daughter. They arrived just over a month ago. She was able to get her first U.S. visa as a tourist visa as she had a good long term job in Singapore. She was to be transferred to Manila in May for a position there but gave that up by coming here.

We have decided we would like to get married but the dilemma is that she is still technically married to a Filipino and the marriage took place in the Philippines some years ago but was never annulled (lack of funds).

It seems that if she wasn't still married, we could go the I-130 route and file a concurrent I-485 to adjust her status so she and her daughter could remain here while the I-130 is in process.

But since she is still technically married (Filipino spouse is in Singapore and is amicable and will not contest divorce), she needs to get an annulment done first.

That process will take six months to a year (I've got one lawyer guaranteeing six months for 260K Pesos but I will only accept that if I pay in milestones and last payment if annulment is actually done in six months!). Another lawyer is saying one year and wants 200K Pesos. Both in Manila. Marriage was in Iligan but doesn't seem to matter where you file for annulment. I know some lawyers may "bribe" court clerks to "speed up" annulment cases and that's why the first lawyer is asking for more.

The dilemma for us is that her six year old daughter grew up in Singapore (where her mother was working and living) and so DOES NOT speak Tagalog but rather English and Mandarin Chinese.

Her tourist visa allows her to stay until early October and then would have to return to PI but that would be a hardship for the daughter since she would have to attend school there and is not be able to speak the language. Granted, a six year old would compensate but it would still be hard. Also, her mother wouldn't have anything to do there. Sending them back to the PI is like putting them in a penalty box.

I know we can request an extension to her tourist visa but that's iffy at best.

And it's entirely likely that for her annulment, she would have to testify one day in court there unless anyone knows if Philippine courts accept annulment cases without the plantiff appearing. I've learned that her husband does not need to appear as long as he's not contesting.

Then, after the annulment is done, I can file a I-130 for a K-1 Fiancee Visa for her and a K-2 for her daughter. That would take another 140 days from when the annulment would be done.

All told, this could end up taking as long as a year and a half. A half year to a year for the annulment and another six or eight months for the fiancee visa.

Isn't there some way to shorten this?

She is forty and we would like the opportunity to have one child together and keeping us apart for that long means less likely for it happen and more difficult for her in terms of being older and having a baby. We might have to give up on the chance of having a healthy baby as a result.

Sorry for the long post but it's a bit complicated and so I wanted to explain it for anyone that might render some advice. Thanks and I'm glad this forum is here.

John and Cheryl

[dale_trisha]

You mentioned that her husband lives in Singapore. Can you get the divorce done in Singapore? It may be a lot faster.
The USCIS does not care where the divorce occurred.
As long as she does not need to return to the Philippines before your marriage, I don't see being divorced in Singapore being an issue.

The problem with a divorce from Singapore is if the lady applies for it NSO will not recognize it. If the husband is a citizen from Singapore he can apply for it and then it works. But if he is also from the Philippines that the only solution is annulment.

Edited by dale_trisha, 16 May 2012 - 11:25 AM.

[Hank_]

No easy way to speed up the government, be it in the Philippines or the USA.

If she is returning to the Phils soon you might as well get the anullment started in the Phils and go from there.

Look closely at the I-130 (married) and compare it to the I-129f (K-1 fiancee visa) after the anullment as to which may be easiest in the long run.

Edited by Hank_Amy, 16 May 2012 - 11:36 AM.

[johnandcheryl]

No easy way to speed up the government, be it in the Philippines or the USA.

If she is returning to the Phils soon you might as well get the anullment started in the Phils and go from there.

Look closely at the I-130 (married) and compare it to the I-129f (K-1 fiancee visa) after the anullment as to which may be easiest in the long run.

Thanks Hank_Amy, but how could it be the I-130 if I'm not married to her after the annulment is done? I'm not going to fly there to marry and then fly back (that would be a $3,000 roundtrip). Hopefully, there isn't too much difference between processing times for the K-1 Fiancee visa and IR-1 Spousal visa at that time.

[Hank_]

I orginally posted this in the K-1 Fiancee Visa forum but was advised by some members to post it here to get feedback.


Hi Everyone,

The wonderful Filipina I wish to marry is actually here in the U.S. now with me on a tourist visa along with her six year old daughter. They arrived just over a month ago. She was able to get her first U.S. visa as a tourist visa as she had a good long term job in Singapore. She was to be transferred to Manila in May for a position there but gave that up by coming here.

We have decided we would like to get married but the dilemma is that she is still technically married to a Filipino and the marriage took place in the Philippines some years ago but was never annulled (lack of funds).

It seems that if she wasn't still married, we could go the I-130 route and file a concurrent I-485 to adjust her status so she and her daughter could remain here while the I-130 is in process.

But since she is still technically married (Filipino spouse is in Singapore and is amicable and will not contest divorce), she needs to get an annulment done first.

That process will take six months to a year (I've got one lawyer guaranteeing six months for 260K Pesos but I will only accept that if I pay in milestones and last payment if annulment is actually done in six months!). Another lawyer is saying one year and wants 200K Pesos. Both in Manila. Marriage was in Iligan but doesn't seem to matter where you file for annulment. I know some lawyers may "bribe" court clerks to "speed up" annulment cases and that's why the first lawyer is asking for more.

The dilemma for us is that her six year old daughter grew up in Singapore (where her mother was working and living) and so DOES NOT speak Tagalog but rather English and Mandarin Chinese.

Her tourist visa allows her to stay until early October and then would have to return to PI but that would be a hardship for the daughter since she would have to attend school there and is not be able to speak the language. Granted, a six year old would compensate but it would still be hard. Also, her mother wouldn't have anything to do there. Sending them back to the PI is like putting them in a penalty box.

I know we can request an extension to her tourist visa but that's iffy at best.

And it's entirely likely that for her annulment, she would have to testify one day in court there unless anyone knows if Philippine courts accept annulment cases without the plantiff appearing. I've learned that her husband does not need to appear as long as he's not contesting.

Then, after the annulment is done, I can file a I-130 for a K-1 Fiancee Visa for her and a K-2 for her daughter. That would take another 140 days from when the annulment would be done.

All told, this could end up taking as long as a year and a half. A half year to a year for the annulment and another six or eight months for the fiancee visa.

Isn't there some way to shorten this?

She is forty and we would like the opportunity to have one child together and keeping us apart for that long means less likely for it happen and more difficult for her in terms of being older and having a baby. We might have to give up on the chance of having a healthy baby as a result.

Sorry for the long post but it's a bit complicated and so I wanted to explain it for anyone that might render some advice. Thanks and I'm glad this forum is here.

John and Cheryl

Your other post actually got moved to the Philippine forum. You can click the report icon on the lower left and ask this one to be deleted if you so choose and stay with the other posting.

Edited by Hank_Amy, 16 May 2012 - 11:46 AM.