File before divorce finalize?

[ACT1428 0]

pushbrk,

Thanks for the heads up. We will be filing the letter asking that the petition be withdrawn.

Yes, divorce is not the same as annulment. But I think you are confused since Philippine law treats "divorce" differently. The 2 forms I mentioned provides for declaring a marriage 1.) Void Ab Initio (w/c is similar to an annulment in U.S. law) or 2.) it being annulled (w/c US law provides as divorce). Both being different from one another with the only common denominator being that the parties to the marriage that is declared void or annulled are now free to marry. (But this belongs to a different thread altogether)

Yes, it is a discussion for elsewhere. 2.) produces a similar result to "divorce" but not the "same" result. Further the process is quite dissimilar, and PI divorces of PI citizens originally married in the PI, are not recognized by the PI government.

I'm focused on the differences because, IMO, they have far more impact on PI citizens immigrating to the US as fiance or spouse than do the similarities.

pushbrk,

We 100% agree. The only instance that Philippine Law allows for, hmmm, how would we put it, absolute "divorce" is when a Filipino citizen is divorced by an alien (foreigner) spouse outside of the Philippines. Just let us know if you plan to start a new thread regarding this issue and we would like to share our input and participate in the discussion.

Again, thank you for the advice regarding the withdrawal of the I-129F. We just want things done properly without it seeming like we were hiding anything due to failure to disclose which might be interpreted as misrepresentation by USCIS. Like they say, "If you want things done right, do it yourself".

Edited December 27, 2007 by Claudette-Arnel

[pushbrk 12,137]

pushbrk,

Thanks for the heads up. We will be filing the letter asking that the petition be withdrawn.

Yes, divorce is not the same as annulment. But I think you are confused since Philippine law treats "divorce" differently. The 2 forms I mentioned provides for declaring a marriage 1.) Void Ab Initio (w/c is similar to an annulment in U.S. law) or 2.) it being annulled (w/c US law provides as divorce). Both being different from one another with the only common denominator being that the parties to the marriage that is declared void or annulled are now free to marry. (But this belongs to a different thread altogether)

Yes, it is a discussion for elsewhere. 2.) produces a similar result to "divorce" but not the "same" result. Further the process is quite dissimilar, and PI divorces of PI citizens originally married in the PI, are not recognized by the PI government.

I'm focused on the differences because, IMO, they have far more impact on PI citizens immigrating to the US as fiance or spouse than do the similarities.

pushbrk,

We 100% agree. The only instance that Philippine Law allows for, hmmm, how would we put it, absolute "divorce" is when a Filipino citizen is divorced by an alien (foreigner) spouse outside of the Philippines. Just let us know if you plan to start a new thread regarding this issue and we would like to share our input and participate in the discussion.

Again, thank you for the advice regarding the withdrawal of the I-129F. We just want things done properly without it seeming like we were hiding anything due to failure to disclose which might be interpreted as misrepresentation by USCIS. Like they say, "If you want things done right, do it yourself".

Withdrawal is definitely in your best interest. If you want to carry on a more detailed discussion of the other topic, I suggest starting it in the appropriate regional forum. I've disclosed all my understanding already but wouldn't mind learning more.

[ACT1428 0]

pushbrk,

Thanks for the heads up. We will be filing the letter asking that the petition be withdrawn.

Yes, divorce is not the same as annulment. But I think you are confused since Philippine law treats "divorce" differently. The 2 forms I mentioned provides for declaring a marriage 1.) Void Ab Initio (w/c is similar to an annulment in U.S. law) or 2.) it being annulled (w/c US law provides as divorce). Both being different from one another with the only common denominator being that the parties to the marriage that is declared void or annulled are now free to marry. (But this belongs to a different thread altogether)

Yes, it is a discussion for elsewhere. 2.) produces a similar result to "divorce" but not the "same" result. Further the process is quite dissimilar, and PI divorces of PI citizens originally married in the PI, are not recognized by the PI government.

I'm focused on the differences because, IMO, they have far more impact on PI citizens immigrating to the US as fiance or spouse than do the similarities.

Guys,

One last question, should the letter of withdrawal, for the I-129F petition, be notarized?

[Alt name 1]

A letter to withdraw a petition does not have to be notorized.

pushbrk,

Thanks for the heads up. We will be filing the letter asking that the petition be withdrawn.

Yes, divorce is not the same as annulment. But I think you are confused since Philippine law treats "divorce" differently. The 2 forms I mentioned provides for declaring a marriage 1.) Void Ab Initio (w/c is similar to an annulment in U.S. law) or 2.) it being annulled (w/c US law provides as divorce). Both being different from one another with the only common denominator being that the parties to the marriage that is declared void or annulled are now free to marry. (But this belongs to a different thread altogether)

Yes, it is a discussion for elsewhere. 2.) produces a similar result to "divorce" but not the "same" result. Further the process is quite dissimilar, and PI divorces of PI citizens originally married in the PI, are not recognized by the PI government.

I'm focused on the differences because, IMO, they have far more impact on PI citizens immigrating to the US as fiance or spouse than do the similarities.

Guys,

One last question, should the letter of withdrawal, for the I-129F petition, be notarized?

[ACT1428 0]

A letter to withdraw a petition does not have to be notorized.

pushbrk,

Thanks for the heads up. We will be filing the letter asking that the petition be withdrawn.

Yes, divorce is not the same as annulment. But I think you are confused since Philippine law treats "divorce" differently. The 2 forms I mentioned provides for declaring a marriage 1.) Void Ab Initio (w/c is similar to an annulment in U.S. law) or 2.) it being annulled (w/c US law provides as divorce). Both being different from one another with the only common denominator being that the parties to the marriage that is declared void or annulled are now free to marry. (But this belongs to a different thread altogether)

Yes, it is a discussion for elsewhere. 2.) produces a similar result to "divorce" but not the "same" result. Further the process is quite dissimilar, and PI divorces of PI citizens originally married in the PI, are not recognized by the PI government.

I'm focused on the differences because, IMO, they have far more impact on PI citizens immigrating to the US as fiance or spouse than do the similarities.

Guys,

One last question, should the letter of withdrawal, for the I-129F petition, be notarized?

D&N,

Thanks for the info. Here's wishing you the best of luck.