Stepfather petitioning stepchildren+++need help+++

[miggytoykoto 0]

Good day!

May I please ask your kind assistance?

I been married in the Philippines and had 3 children. My husband and I got separated more than 12 years ago and since then I have been supporting my children and they are living with my parents in the Philippines. My huband is now living with his girlfriend while I am here living in US.

Last year, I filled for divorce of my previous marriage and married a US Citizen. I got my greencard and now a LPR. My USC huband and I wants to give a better future to my children in the Philippines and so he being a USC (which give him advantage since the USCIS process is faster when petitioner is USC) he filled petition for his stepchildren, my biological children.

The petition has been approved by USCIS and now we are dealing with NVC. We are currently submitting all the civil documents to NVC, however we contacted my children biological father to have him sign a consent so we can get DSWD travel clearances for my children and they can travel with my parents to US once petition has been finalized.

While dealing with my previous husband about the consent, he metioned the following to me and he said his attorney was the one who said these things, please see below:

++++

1. PETITIONER SHOULD and must only be the MOTHER

Reason: She is the mother (important is blood relations)

2. If step father is the petitioner, this will invalidate the petition because:

A. blood relations between stepfather and my children are not established;

B. stepfather has not yet adopted the children yet, which

means no legal relation is established.

The Philippine courts will see that my previous husband and

I (biological parents) are still married under

Philippine law, which will make me BIGAMOUS

as I now married to my USC husband in the United

States.

++++

In this regards, is there a possiblity that the petition be denied because of whats stated above? We are so worried, we have spent lots of time, effort and money on these petition and we dont want to just waste it. What is the best way to handle this situation?

Hoping to hear from you soon.

Sincerely,

Worried Mom

[belinda63 2,981]

Where the children under the age of 18 when you married the step-father? If so he can petition for them. What were the ages of the children when the petition was filed?

I don't see where the Philippine courts really have a say in the matter if the father signs consent for them to travel to the US. Someone who knows a little more about their annulment/recognition of divorce can help better but I don't see that the Philippines really has to be involved since this is a US immigration issue.

Edited May 13, 2011 by belinda63

[Jojo92122 1,924]

Good day!

May I please ask your kind assistance?

I been married in the Philippines and had 3 children. My husband and I got separated more than 12 years ago and since then I have been supporting my children and they are living with my parents in the Philippines. My huband is now living with his girlfriend while I am here living in US.

Last year, I filled for divorce of my previous marriage and married a US Citizen. I got my greencard and now a LPR. My USC huband and I wants to give a better future to my children in the Philippines and so he being a USC (which give him advantage since the USCIS process is faster when petitioner is USC) he filled petition for his stepchildren, my biological children.

The petition has been approved by USCIS and now we are dealing with NVC. We are currently submitting all the civil documents to NVC, however we contacted my children biological father to have him sign a consent so we can get DSWD travel clearances for my children and they can travel with my parents to US once petition has been finalized.

While dealing with my previous husband about the consent, he metioned the following to me and he said his attorney was the one who said these things, please see below:

++++

1. PETITIONER SHOULD and must only be the MOTHER

Reason: She is the mother (important is blood relations) Wrong. The law allows a US citizen stepparent to petition for a stepchild if the marriage to the biological parent occurred before the stepchild's 18th birthday. This means your USC husband can petition for his stepchild if he married you before his stepchild's 18th birthday. THE PETITIONER DOES NOT NEED TO BE THE MOTHER.

2. If step father is the petitioner, this will invalidate the petition because:

A. blood relations between stepfather and my children are not established;

B. stepfather has not yet adopted the children yet, which

means no legal relation is established. ABSOLUTELY WRONG. A USC stepfather can petition for a stepchild if the marriage to the biological mother occurred before the stepchild's 18th birthday. A blood relation is NOT REQUIRED. A LEGAL ADOPTION IS NOT REQUIRED. MARRIAGE TO THE BIOLOGICAL PARENT BEFORE THE CHILD's 18th BIRTHDAY ESTABLISHES THE RELATIONSHIP THAT ALLOWS THE USC STEPFATHER TO PETITION FOR THE STEPCHILD.

The Philippine courts will see that my previous husband and

I (biological parents) are still married under

Philippine law, which will make me BIGAMOUS

as I now married to my USC husband in the United

States. THE PHILIPPINES COURT HAS NO AUTHORITY ON US IMMIGRATIONS. IF THE FATHER CONSENTS TO THE CHILDREN IMMIGRATING TO THE US, THE PHILIPPINES COURT ARE NOT INVOLVED.

++++

In this regards, is there a possiblity that the petition be denied because of whats stated above? We are so worried, we have spent lots of time, effort and money on these petition and we dont want to just waste it. What is the best way to handle this situation?

Hoping to hear from you soon.

Sincerely,

Worried Mom

Your ex-husband's attorney does not know what he is talking about.

A

[Jojo92122 1,924]

The purpose of the I-130 is to establish that the petitioner has a legal relationship that allows the petitioner to file on behalf of the beneficiary. Once USCIS has approved the I-130, it is a prima facie evidence that the petitioner can file for the beneficiary because of a qualifying legal family relationship.

[JimVaPhuong 4,863]

You're getting some mixed advice here. Let me throw my own hat into the ring:

1. PETITIONER SHOULD and must only be the MOTHER

Reason: She is the mother (important is blood relations)

Nope. Under US immigration law, a step-parent is a "parent" if they married the biological parent before the child was 18. The child is an immediate relative for immigration purposes.

2. If step father is the petitioner, this will invalidate the petition because:

A. blood relations between stepfather and my children are not established;

B. stepfather has not yet adopted the children yet, which

means no legal relation is established.

Again, nope. Not under US immigration law.

The Philippine courts will see that my previous husband and

I (biological parents) are still married under

Philippine law, which will make me BIGAMOUS

as I now married to my USC husband in the United

States.

He's got you on this one. A divorce filed by a Philippine national in a foreign country will not be recognized in the Philippines - ever. The only time a foreign divorce would be recognized is if:

1. The Philippine national was married to a foreigner.

2. The foreigner initiated the divorce, i.e., the foreigner was the petitioner and not the respondent in the divorce case.

3. The Philippine national petitions a Philippine civil court to recognize the foreign divorce.

You are a bigamist in the Philippines.

This will have no effect on the petition. However, it will almost certainly have an effect on being able to obtain permission for the children to leave the Philippines based on the petition from the step-father. The Philippines doesn't recognize your current marriage.

[dindo and patty 20]

You might want to explain your situation more accurately for VJ members to be able to give you a more accurate information. The first two questions have already been answered with certainty. However, your previous marriage in the Philippines was never annulled??? How were you able to get to the US??? You stated that you filed for divorce last year from a previous marriage??? Previous marriage from your husband in the Philippines or previous marriage from another person from the US? If previous marriage from another person from the US, how were you able to get married legally without the annulment of your marriage from your husband in the Philippines???

Good day!

May I please ask your kind assistance?

I been married in the Philippines and had 3 children. My husband and I got separated more than 12 years ago and since then I have been supporting my children and they are living with my parents in the Philippines. My huband is now living with his girlfriend while I am here living in US.

Last year, I filled for divorce of my previous marriage and married a US Citizen. I got my greencard and now a LPR. My USC huband and I wants to give a better future to my children in the Philippines and so he being a USC (which give him advantage since the USCIS process is faster when petitioner is USC) he filled petition for his stepchildren, my biological children.

The petition has been approved by USCIS and now we are dealing with NVC. We are currently submitting all the civil documents to NVC, however we contacted my children biological father to have him sign a consent so we can get DSWD travel clearances for my children and they can travel with my parents to US once petition has been finalized.

While dealing with my previous husband about the consent, he metioned the following to me and he said his attorney was the one who said these things, please see below:

++++

1. PETITIONER SHOULD and must only be the MOTHER

Reason: She is the mother (important is blood relations)

2. If step father is the petitioner, this will invalidate the petition because:

A. blood relations between stepfather and my children are not established;

B. stepfather has not yet adopted the children yet, which

means no legal relation is established.

The Philippine courts will see that my previous husband and

I (biological parents) are still married under

Philippine law, which will make me BIGAMOUS

as I now married to my USC husband in the United

States.

++++

In this regards, is there a possiblity that the petition be denied because of whats stated above? We are so worried, we have spent lots of time, effort and money on these petition and we dont want to just waste it. What is the best way to handle this situation?

Hoping to hear from you soon.

Sincerely,

Worried Mom

[Deputy Purple 1,294]

He's got you on this one. A divorce filed by a Philippine national in a foreign country will not be recognized in the Philippines - ever. The only time a foreign divorce would be recognized is if:

1. The Philippine national was married to a foreigner.

2. The foreigner initiated the divorce, i.e., the foreigner was the petitioner and not the respondent in the divorce case.

3. The Philippine national petitions a Philippine civil court to recognize the foreign divorce.

You are a bigamist in the Philippines.

This will have no effect on the petition. However, it will almost certainly have an effect on being able to obtain permission for the children to leave the Philippines based on the petition from the step-father. The Philippines doesn't recognize your current marriage.

Jim's right on this. Until you are a USC The Philippines won't acknowledge your divorce.

This means that your kids will not be able to get CFO Clearance to leave the Philippines.

[errant79 0]

Hi, I am curious on how the petition/interview of your kids went? Were you able to take them here in the US? Hoping to get an update on this topic. Thanks