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ed1961

Annulment Confusion

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Filed: Timeline

I am thoroughly confused by the answers I have seen here in the forum relating to annulment. I have seen success stories here , where annulment was granted where the petitioner's spouse was guilty of infidelity , yet the infidelity was not the basis for the annulment , psychological incapacity was. Yet , I have read a Philippines Supreme Court decision (Dedel v. CA , 2005) where infidelity may be grounds for legal spearation , but is not a basis for establishing psychological incapacity. So , what is the real story? On what basis are the RTAs granting successful annulment petitions?

This is of personal interest to me , as I have fallen in love with a wonderful pinay who will need to obtain an annulment from her separated husband (who engaged in infidelity) before we can marry. The P200,000-270,000 cost of the proceeding is shocking enough , but I don't want to waste such a sum on a legal argument in a petition which will have little or no merit before the court.

Can some of you out there who have successfully obtained annulments where your spouses were guilty of infildelity or abandonment please tell me the legal claims that worked for you in getting a judgment in your favors. I would be grateful for any encouraging experiences (as I am worried no end that my mahal won't be successful in getting an annulment) as well as experiences where it didn't work out , as well.

Ed

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Filed: K-3 Visa Country: Philippines
Timeline
I am thoroughly confused by the answers I have seen here in the forum relating to annulment. I have seen success stories here , where annulment was granted where the petitioner's spouse was guilty of infidelity , yet the infidelity was not the basis for the annulment , psychological incapacity was. Yet , I have read a Philippines Supreme Court decision (Dedel v. CA , 2005) where infidelity may be grounds for legal spearation , but is not a basis for establishing psychological incapacity. So , what is the real story? On what basis are the RTAs granting successful annulment petitions?

This is of personal interest to me , as I have fallen in love with a wonderful pinay who will need to obtain an annulment from her separated husband (who engaged in infidelity) before we can marry. The P200,000-270,000 cost of the proceeding is shocking enough , but I don't want to waste such a sum on a legal argument in a petition which will have little or no merit before the court.

Can some of you out there who have successfully obtained annulments where your spouses were guilty of infildelity or abandonment please tell me the legal claims that worked for you in getting a judgment in your favors. I would be grateful for any encouraging experiences (as I am worried no end that my mahal won't be successful in getting an annulment) as well as experiences where it didn't work out , as well.

Ed

Send me a pm about your fiancee. Maybe I can help. I filed my annulment last march 2005. I got the decision march 2007.


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

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Filed: K-1 Visa Country: Philippines
Timeline
I am thoroughly confused by the answers I have seen here in the forum relating to annulment. I have seen success stories here , where annulment was granted where the petitioner's spouse was guilty of infidelity , yet the infidelity was not the basis for the annulment , psychological incapacity was. Yet , I have read a Philippines Supreme Court decision (Dedel v. CA , 2005) where infidelity may be grounds for legal spearation , but is not a basis for establishing psychological incapacity. So , what is the real story? On what basis are the RTAs granting successful annulment petitions?

This is of personal interest to me , as I have fallen in love with a wonderful pinay who will need to obtain an annulment from her separated husband (who engaged in infidelity) before we can marry. The P200,000-270,000 cost of the proceeding is shocking enough , but I don't want to waste such a sum on a legal argument in a petition which will have little or no merit before the court.

Can some of you out there who have successfully obtained annulments where your spouses were guilty of infildelity or abandonment please tell me the legal claims that worked for you in getting a judgment in your favors. I would be grateful for any encouraging experiences (as I am worried no end that my mahal won't be successful in getting an annulment) as well as experiences where it didn't work out , as well.

Ed

Hi Ed,

It is true that the only grounds for annulment psychological incapacity. It can take many different forms though. My suggestion would be to talk to an attorney. Ours was Mr. Nestor Torio. He has office in Ortigas which is actually part of Manila. Much like Bronx is part of New York.

We paid 160,000 peso two years ago. We just got the annulment so as shocking as the price tag is so is the length of time to wait. It is awful long wait when your in love but we do what we have to do.

The 160,000 was for 30,000 for pschologist, 30,000 for courts cost, 100,000 for attorney fee. Relyn asked for discount from pschologist so she reduced to 25,000. So our cost in the end was 155,000.

Now the reason you should talk to the attorney is you might need help with "tailoring" the annulment to a successful conclusion. I will leave it at that.

Another avenue might be "presumptive death". While i understand it is with risk it is also one way to obtain fiance visa. I would suggest you thoroughly research that if you feel its an option. Of course there must be no contact between her "former" husband and herself.

Good luck to you, Patrick n Relyn


4 september 2005.....relyn and patrick chat on filipina heart for first time

19 december 2005....patrick flies to meet relyn and m'r (son) for first time

24 decemeber 2005.....we are ENGAGED!

25 december 2005....we fly to boracay. patrick and relyn exchange wedding rings on plane....lol but true

3 january 2006....we meet with attorney to discuss annulment of relyn marriage.

(husband absent for 6 years)

20 august 2006.......patrick returns to philippines

21 august 2006......patrick birthday

28 august 2006......we travel to baguio city till september 5

4 september2006....we celebrate in bagiou our 1st year anniversary of knowing each other.

10 september2006.....patrick back in u.s

19 april 2007....back together for another trip

21 april 2007....we travel to province relyn and family are from for a chance for me to meet extended

family. we are there for more than a week.

7 may 2007....return to the u.s.a.

JULY 2007.....annulment sent to judge desk awaiting decision

OCTOBER 2007.........JUDGE GRANTS ANNULMENT......YIPPEE GETTING CLOSE TO FILING I129F

31 december 2007 I29f sent via US postal priority mail

4 January 2008 NOA1

6 MAY 2008 NOA2 (GUESS THE TOUCH WAS A REALLY GOOD TOUCH)

10 MAY 2008 RECEIVE HARD COPY I-797 NOA2 IN SNAIL MAIL

22-23 may 2008-early medical(passed)

22-27 may 2008-son's medical....very long bcoz of tuberculin test

20 june 2008-my patrick visit me again for 4time

23 june 2008-interview u.s.embassy

27 june 2008-got my visa yipeee so quick!

2 july 2008- fly in tacoma wa, with my patrick and son

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Filed: Timeline
I am thoroughly confused by the answers I have seen here in the forum relating to annulment. I have seen success stories here , where annulment was granted where the petitioner's spouse was guilty of infidelity , yet the infidelity was not the basis for the annulment , psychological incapacity was. Yet , I have read a Philippines Supreme Court decision (Dedel v. CA , 2005) where infidelity may be grounds for legal spearation , but is not a basis for establishing psychological incapacity. So , what is the real story? On what basis are the RTAs granting successful annulment petitions?

This is of personal interest to me , as I have fallen in love with a wonderful pinay who will need to obtain an annulment from her separated husband (who engaged in infidelity) before we can marry. The P200,000-270,000 cost of the proceeding is shocking enough , but I don't want to waste such a sum on a legal argument in a petition which will have little or no merit before the court.

Can some of you out there who have successfully obtained annulments where your spouses were guilty of infildelity or abandonment please tell me the legal claims that worked for you in getting a judgment in your favors. I would be grateful for any encouraging experiences (as I am worried no end that my mahal won't be successful in getting an annulment) as well as experiences where it didn't work out , as well.

Ed

Hi Ed,

It is true that the only grounds for annulment psychological incapacity. It can take many different forms though. My suggestion would be to talk to an attorney. Ours was Mr. Nestor Torio. He has office in Ortigas which is actually part of Manila. Much like Bronx is part of New York.

We paid 160,000 peso two years ago. We just got the annulment so as shocking as the price tag is so is the length of time to wait. It is awful long wait when your in love but we do what we have to do.

The 160,000 was for 30,000 for pschologist, 30,000 for courts cost, 100,000 for attorney fee. Relyn asked for discount from pschologist so she reduced to 25,000. So our cost in the end was 155,000.

Now the reason you should talk to the attorney is you might need help with "tailoring" the annulment to a successful conclusion. I will leave it at that.

Another avenue might be "presumptive death". While i understand it is with risk it is also one way to obtain fiance visa. I would suggest you thoroughly research that if you feel its an option. Of course there must be no contact between her "former" husband and herself.

Good luck to you, Patrick n Relyn

Thank you very much ,Patrick n Relyn

It sounds like P250,000 may not be unreasonable then , given yours was P160,000 two years ago. The atty my fiancee has been talking to (Atty Go) says that she would charge us P250,000 to expedite the case to completion in 6months. My girlfriend lives in Quezon City and the atty has also suggested that case be filed in another venue where there is not quite the backlog of cases as are to be found in the national capitol region's RTAs.

Two years is a long time to wait! But , I wholeheartedly agree with you about it being worth it for love. I am very happy for the both of you. Congratulations to you both!

As to the presumptive death issue , I think the courts and immigration are cracking down on that from what I have read. My girlfriend has been separated from her husband since 1990 and he has give no support to either her or their two children in that time. So , there may be an issue of abandonment that might be useful as well ; I'm not sure. She does know that he had gone to Canada at one point and then had returned to the Phils , but says he has had no contact with her.

Thank you for your time and the information. I hope I will be able to put it to good use.

Ed

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Filed: K-1 Visa Country: Philippines
Timeline

Hi.

from all the figures that I have read,it's just crazy..

it shouldn't be that expensive.

I filed my annulment way back 2006 and got the court order in less than a year.

I filed it in cebu..I paid around like 70T to 80T.

Now I am here in GA,happily married...and i have the custody of my kids. :innocent:


OUR TIMELINE

MARCH 16, 2007 - SENT I-129F TO TSC

MARCH 19, 2007 - I-129F WAS DELIVERED AND FORWARDED TO CSC

MARCH 26, 2007- NOA1

MAY 30, 2007- NOA2 APPROVED!

JUNE 13, 2007- ARRIVES AT NVC

JUNE 13, 2007- CALLED NVC AND RECEIVED MNL#

JUNE 15, 2007- LEFT NVC HEADED TO MANILA

JULY 6, 2007- CALLED STATE DEPT. AND WAS TOLD WE WERE QUALIFIED FOR INTERVIEW DATE

JULY 13, 2007- CALLED STATE DEPT. AND WAS GIVEN THE MEDICAL AND INTERVIEW DATES

JULY 13, 2007- PACKET MAILED FROM MANILA

JULY 30, 2007- RECEIVED PACKET

SEPTEMBER 6, 2007- MEDICAL APPOINTMENT

SEPTEMBER 13, 2007- INTERVIEW SCHEDULED - FINALLY APPROVED ON OCTOBER 11, 2007

OCTOBER 18, 2007- RECEIVED VISA

OCTOBER 24, 2007- MARIA AND THE KIDS ARRIVED IN THE U.S.

OCTOBER 26, 2007- GOT MARRIED!!!!!!!!!!!

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i know a friend who filed for an annulment. it cost him less than P100,000.00 (it was paid installment) and he got the final decision for only over 6 months. though he's from manila, the annulment case was filed outside manila.

i suggest you find another lawyer. goodluck!


CR-1

02/08/2007 NOA1

06/22/2007 NOA2 (case approved)

10/12/2007 CASE COMPLETE

11/08/2007 CASE FORWARDED TO USEM

12/06/2007 INTERVIEW *** APPROVED!!!***

12/10/2007 VISA ON HAND

12/17/2007 CFO seminar

12/22/2007 MNL to SFO via PAL

USA

12/22/2007 ARRIVED SFO

12/27/2007 ISSUED SSN

01/10/2008 RECEIVED WELCOME NOTICE

01/12/2008 RECEIVED PERMANENT RESIDENT CARD

01/23/2008 SSA MAILED SSN

01/26/2008 RECEIVED SSN

I-751

09/21/2009 MAILED I-751

09/23/2009 RECEIVED BY USCIS

09/26/2009 NOA1

10/16/2009 EARLY BIOMETRICS

10/22/2009 APPOINTMENT BIOMETRICS

10/20/2009 APPROVED

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