Philippine annulment/divorce

[William Hoover 0]

I am a U S citizen and my fiancée lives in the Philippines. She is married but has been estranged from her husband for 4 years. We met online and have been skyping for several months and we wish to marry and live together here in the US. She isn't legally separated and it's possible her husband can't be contacted or if contacted may refuse to participate in the annulment process. As far as I can tell, our only option is to attempt to get her an annulment, potentially spend many years and thousands of dollars only to have it rejected. I'm just wondering if there is any other alternative such as getting her a divorce in another country or getting her here to the US in some other manner so we can at least be together while the annulment is being processed. I'm open to any possible solutions and would appreciate them very much.

 

   Bill

[Ben&Zian 4,397]

Ah the Philippines and the annulment question.

 

It is a complex and as you said expensive process as I have read.

 

As to divorcing from another country, sure... but when she needs to show that she is legally separated in the Philippines they will reject it I am almost 100% sure until she can show annulment papers.

 

As to her staying with you in the US while the process is happening... She could try for a tourist visa; but she would only be allowed entry for so long and must leave after her stay. She can't apply for a tourist visa with intent to come stay with you permanently as that would be visa fraud (using one visa to gain entry to obtain another status or bypassing the "hassle" to get a certain visa by just going the simpler route, ect...)

 

So how she could come stay with you in a legal manner during the process... maybe a work visa if she has any special skills? Internship or J-1 visa? Student visa? This could be difficult also since she knows you there and you both are obviously set on being together and she would need to disclose this in the process for those visas as well.

[geowrian 22,335]

Until she is free to marry, you can't do either the CR-1 or K-1 routes. Annulments generally take a long time in PH. Even if she could divorce in another country (and she would need to meet the requirements of that country to do so), it still wouldn't be recognized under PH law and therefore she would not be free to marry if going through the Manila embassy.

 

She can try to visit under a tourist visa, or try to get a work visa. But neither of them lets her enter the US and stay there.

[Ontarkie 13,904]

~~Moved to the Philippines forum, from K1 - As the questions is very country specific.~~

[MsCompE 50]

1 hour ago, Ben&Zian said:

...

 

So how she could come stay with you in a legal manner during the process... maybe a work visa if she has any special skills? Internship or J-1 visa? Student visa? This could be difficult also since she knows you there and you both are obviously set on being together and she would need to disclose this in the process for those visas as well.

J-1 and student visa both require a sponsoring program/academy. J-1 is extremely hard for a PH Passport Holder. Student visa is easier than J-1 but she has to

1. apply to a school and gets accepted as the school provides form I-20 

2. her bank account should have sufficient balance to accommodate her entire school tuition fee + cost of living.

 

My former manager in Philippines applied for student visa and despite the figures of his income tax returns, he was scrutinized during his interview on how he came up with the figures on his bank account. Her chances are very low on both J-1 and student visa.

[Ben&Zian 4,397]

2 minutes ago, MsCompE said:

J-1 and student visa both require a sponsoring program/academy. J-1 is extremely hard for a PH Passport Holder. Student visa is easier than J-1 but she has to

1. apply to a school and gets accepted as the school provides form I-20 

2. her bank account should have sufficient balance to accommodate her entire school tuition fee + cost of living.

 

My former manager in Philippines applied for student visa and despite the figures of his income tax returns, he was scrutinized during his interview on how he came up with the figures on his bank account. Her chances are very low on both J-1 and student visa.

 

No doubt that it is difficult. Just was an idea they could attempt to look into. My partner had two J-1's before we met so I know how expensive it can be plus sponsorship and all that.

[MsCompE 50]

14 minutes ago, Ben&Zian said:

 

No doubt that it is difficult. Just was an idea they could attempt to look into. My partner had two J-1's before we met so I know how expensive it can be plus sponsorship and all that.

Agree. The cost of getting a J-1 visa (eg enrollment to an international program, etc) COULD probably equate to the cost of annulment. 

Edited February 27, 2017 by MsCompE

[Boiler 43,397]

Have you met?

[MsCompE 50]

3 minutes ago, Boiler said:

Have you met?

This is a very good question especially for PH

[William Hoover 0]

19 minutes ago, MsCompE said:

This is a very good question especially for PH    Not yet. Going there to meet her in 3 weeks.

 

[Akphils 19]

My wife had her annulment process, trust me me and my wife think of all the options too, tourist visa, student visa and everything, we've done researching and most of the couples who tried tourist visa got denied, and also expensive on that student visa, we paid 150,000 pesos for my wife annulment and took 2 years, that was already package deal. It this kind of situation you both need to be patient.. after the annulment you can get her in k1 visa.  Im petitioning now my wife thru cr1.. 

[William Hoover 0]

Thank you, at least I doesn't seem so hopeless now!

 

[Sagot 1,548]

6 hours ago, Ben&Zian said:

Ah the Philippines and the annulment question.

 

It is a complex and as you said expensive process as I have read.

 

As to divorcing from another country, sure... but when she needs to show that she is legally separated in the Philippines they will reject it I am almost 100% sure until she can show annulment papers.     Really bad INFO!!  A divorce will be accepted for the visa process, and there will be NO issues at CFO either with the foreign divorce.

 

As to her staying with you in the US while the process is happening... She could try for a tourist visa; but she would only be allowed entry for so long and must leave after her stay. She can't apply for a tourist visa with intent to come stay with you permanently as that would be visa fraud (using one visa to gain entry to obtain another status or bypassing the "hassle" to get a certain visa by just going the simpler route, ect...)

 

So how she could come stay with you in a legal manner during the process... maybe a work visa if she has any special skills? Internship or J-1 visa? Student visa? This could be difficult also since she knows you there and you both are obviously set on being together and she would need to disclose this in the process for those visas as well.

 

6 hours ago, William Hoover said:

I am a U S citizen and my fiancée lives in the Philippines. She is married but has been estranged from her husband for 4 years. We met online and have been skyping for several months and we wish to marry and live together here in the US. She isn't legally separated and it's possible her husband can't be contacted or if contacted may refuse to participate in the annulment process. As far as I can tell, our only option is to attempt to get her an annulment, potentially spend many years and thousands of dollars only to have it rejected. I'm just wondering if there is any other alternative such as getting her a divorce in another country or getting her here to the US in some other manner so we can at least be together while the annulment is being processed. I'm open to any possible solutions and would appreciate them very much.

 

   Bill

 

If.... big IF ... she could get a divorce in a foreign country, YES she could then complete the visa process, even if she is still legally married in the Philippines.  Divorce is accepted by the rest of the world, which includes the USA and its embassies   

 

Problem is... getting to a foreign country and meeting the requirements to complete the divorce.   This is a road that is well worn.... just well used.

[Greenbaum 12,258]

19 hours ago, Sagot said:

 

 

If.... big IF ... she could get a divorce in a foreign country, YES she could then complete the visa process, even if she is still legally married in the Philippines.  Divorce is accepted by the rest of the world, which includes the USA and its embassies   

 

Problem is... getting to a foreign country and meeting the requirements to complete the divorce.   This is a road that is well worn.... just well used.

Say Grasshopper - what does "This is a road that is well worn.... just well used" mean. 

[William Hoover 0]

OK, thanks. I guess I'll look into which country is the easiest to get a divorce in.