WHAT 'S THE BEST STEP FOR HER TO DO RIGHT NOW??STAY CALM? ANNULMENT?DIVORCE?

[LaneAndDaisy 0]

I have a friend from another state in the US and right now she is facing a great emotional and psychological turmoil... She sought for an advice but I really am tabula rasa when it comes to this...With her permission, I suggested if I can write in VJ and seek the expert's advice regarding her problem. I know there are other posts here with "almost" the same case but I want some more custom -made advice from sincere and knowledgeable people...experts as we call them ....My friend is married for 1 yr. and 7 months now with a 2 yr. conditional GC. She has to apply for removing condition by early next year. Now this is just an introduction and lets go to the highlighted event:

1.) She and her hubby are not in good terms, I mean seriously, based on her explanation to me, the marriage is over and done.. With her status at the moment, CAN SHE FILE A DIVORCE or is ANNULMENT much better??? What will be the consequences either way??

2.) She plans to stay in the US longer and continue working(she has a stable job) and obviously, wont go back to the her country just "yet". Can she still apply for the 10 yr. GC "alone" ???

3.) if u have more helpful and sound advice for her case, pls. feel free to share. My friend is in dire need of your help. Your advice might save a life here...(yeah im serious about it friends)..

In behalf of my friend, I wish to Thank you for the time u all spent reading and replying...

Edited May 22, 2011 by LaneAndDaisy

[JimVaPhuong 4,863]

1.) She and her hubby are not in good terms, I mean seriously, based on her explanation to me, the marriage is over and done.. With her status at the moment, CAN SHE FILE A DIVORCE or is ANNULMENT much better??? What will be the consequences either way??

The US is not like the Philippines. Annulments are very difficult to get here. Practically impossible, in some states, especially in a marriage that's lasted this long. Divorce is vastly easier.

If she's certain the marriage is over then she should press her husband to file for the divorce. If she files then the divorce will never be recognized in the Philippines. If she subsequently remarries then she'll be considered a bigamist in the Philippines.

2.) She plans to stay in the US longer and continue working(she has a stable job) and obviously, wont go back to the her country just "yet". Can she still apply for the 10 yr. GC "alone" ???

Yes. She'll file an I-751 within 90 days of the expiration of her conditional green card. In part 2 of the form she'll check box "d". She'll need to provide proof that she entered the marriage in good faith, and also a copy of the divorce decree. If the divorce isn't final then she can send the I-751 without the divorce decree. USCIS will send an RFE for the divorce decree a few months later.

3.) if u have more helpful and sound advice for her case, pls. feel free to share. My friend is in dire need of your help. Your advice might save a life here...(yeah im serious about it friends)..

Is she in physical danger? If so, from whom?

[Piso Envy 5]

If she's certain the marriage is over then she should press her husband to file for the divorce. If she files then the divorce will never be recognized in the Philippines. If she subsequently remarries then she'll be considered a bigamist in the Philippines.

Well, almost true. A Philippine citizen who initiates and is granted a foreign divorce can file a Recognition Of Foreign Divorce with the Regional Trial Court. A summary procedure that takes around six months to be approved. After that, and after all paperwork is finished (NSO, amended marriage index, etc.) the Filipino is free to marry in the eyes of the Philippines.

[DaveE111 10]

Well, almost true. A Philippine citizen who initiates and is granted a foreign divorce can file a Recognition Of Foreign Divorce with the Regional Trial Court. A summary procedure that takes around six months to be approved. After that, and after all paperwork is finished (NSO, amended marriage index, etc.) the Filipino is free to marry in the eyes of the Philippines.

Is this a recent change? The latest version of the Family code of the Philippines (article 26), that I have says the divorce must be obtained by "the Alien spouse", to be recognized. Granted, this is the philippines, so a wink and a nod an few piso in the right place may get it done, but does it actually meet the letter of the law.

Quote from article 26: NOTICE

Article 26 of the Family Code of the Philippines or Executive Order No. 209 (as amended by E.O. No. 227, promulgated on 27 July 1987) provides that:

• All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35, 37 and 38.

• Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law (underlining and highlighting supplied.)

[JimVaPhuong 4,863]

Well, almost true. A Philippine citizen who initiates and is granted a foreign divorce can file a Recognition Of Foreign Divorce with the Regional Trial Court. A summary procedure that takes around six months to be approved. After that, and after all paperwork is finished (NSO, amended marriage index, etc.) the Filipino is free to marry in the eyes of the Philippines.

Nope. A judicial recognition is only possible if the Filipino was married to a foreign citizen, the foreign citizen initiated the divorce, and the foreign citizen is now free to marry. The only action a Philippine citizen can initiate that would be recognized in the Philippines is an annulment.

[jrmejia 31]

If she is not in any danger, why not give it another try? What happened to the love they swore when they got married?

Is she in love with him? if he in love with her?

:reading"

[hapiunhapi 0]

Is she in physical danger? If so, from whom?

I believe it will get there if I will not do something.

Edited May 26, 2011 by hapiunhapi

[hapiunhapi 0]

The US is not like the Philippines. Annulments are very difficult to get here. Practically impossible, in some states, especially in a marriage that's lasted this long. Divorce is vastly easier.

If she's certain the marriage is over then she should press her husband to file for the divorce. If she files then the divorce will never be recognized in the Philippines. If she subsequently remarries then she'll be considered a bigamist in the Philippines.

Hi! you said Annulment is difficult to get here, but what if I can get Annulment? I have a friend that can help me annul my marriage. What affect would it get the moment I apply for I-751? Right now, I believe the marriage is over. However, I am not positive that my husband will file for divorce.

[hapiunhapi 0]

If she is not in any danger, why not give it another try? What happened to the love they swore when they got married?

Is she in love with him? if he in love with her?

:reading"

I am not in danger, but I am mentally and emotionally disturbed right now. It all began when my husband hid something before we got married (illegal medication). Something that I found out couple of weeks after. He promised many times that he will change, and that it will get better. As a wife, who deserves a responsible good man gave him a lot of chances. And after those chances I began to lose hope. Unfortunately, last week I found out that he cheated on me. So, it came cross in my mind to forget everything and start anew. I'd like to know if I can still stay here if I annul our marriage.

I have a friend from another state in the US and right now she is facing a great emotional and psychological turmoil... She sought for an advice but I really am tabula rasa when it comes to this...With her permission, I suggested if I can write in VJ and seek the expert's advice regarding her problem. I know there are other posts here with "almost" the same case but I want some more custom -made advice from sincere and knowledgeable people...experts as we call them ....My friend is married for 1 yr. and 7 months now with a 2 yr. conditional GC. She has to apply for removing condition by early next year. Now this is just an introduction and lets go to the highlighted event:

1.) She and her hubby are not in good terms, I mean seriously, based on her explanation to me, the marriage is over and done.. With her status at the moment, CAN SHE FILE A DIVORCE or is ANNULMENT much better??? What will be the consequences either way??

2.) She plans to stay in the US longer and continue working(she has a stable job) and obviously, wont go back to the her country just "yet". Can she still apply for the 10 yr. GC "alone" ???

3.) if u have more helpful and sound advice for her case, pls. feel free to share. My friend is in dire need of your help. Your advice might save a life here...(yeah im serious about it friends)..

In behalf of my friend, I wish to Thank you for the time u all spent reading and replying...

THANK YOU FRIEND FOR POSTING THIS FOR ME!

[JimVaPhuong 4,863]

Hi! you said Annulment is difficult to get here, but what if I can get Annulment? I have a friend that can help me annul my marriage. What affect would it get the moment I apply for I-751? Right now, I believe the marriage is over. However, I am not positive that my husband will file for divorce.

Whether you get an annulment or divorce, you can still remove conditions on your own if you can provide sufficient evidence to prove you entered the marriage in good faith.

[Deputy Purple 1,294]

If she is not in any danger, why not give it another try? What happened to the love they swore when they got married?

Is she in love with him? if he in love with her?

:reading"

Really???

When some deceives you and continues that deception (especially when it puts you in harms way) it becomes obvious that there is no love because the relationship is based on lies.

[Tahoma 2,292]

Hapiunhapi...

If you are the one who initiates the divorce from your U.S.-citizen husband, and you ever want to remarry in the Philippines (or get a U.S. fiancée/spousal visa), you will be required to get an annulment in the Philippines.

If your U.S.-citizen husband is the one who initiates the divorce from you, and you ever want to remarry in the Philippines (or get a U.S fiancée/spousal visa), you will be required to get your divorce judicially recognized in the Philippines.

As others have said, you can remove conditions on your green card on your own. You don't need the help of your husband for that.

I'm so sorry this is happening to you. I hope you can get out of the dysfunctional relationship as soon as possible and file for divorce. Please stay safe.

[hapiunhapi 0]

Hapiunhapi...

If you are the one who initiates the divorce from your U.S.-citizen husband, and you ever want to remarry in the Philippines (or get a U.S. fiancée/spousal visa), you will be required to get an annulment in the Philippines.

If your U.S.-citizen husband is the one who initiates the divorce from you, and you ever want to remarry in the Philippines (or get a U.S fiancée/spousal visa), you will be required to get your divorce judicially recognized in the Philippines.

As others have said, you can remove conditions on your green card on your own. You don't need the help of your husband for that.

I'm so sorry this is happening to you. I hope you can get out of the dysfunctional relationship as soon as possible and file for divorce. Please stay safe.

Tahoma

Thank you! It is very sad that my relation with him have to end this way. So, it means to say that if I get our marriage annul not divorce I can still remove my condition. What are this proof that I have to provide that the marriage is in good faith? Right now, he is denying that he cheated on me.

[hapiunhapi 0]

Whether you get an annulment or divorce, you can still remove conditions on your own if you can provide sufficient evidence to prove you entered the marriage in good faith.

JimVaPhuong

Thank you! But what are these proofs?

[JimVaPhuong 4,863]

JimVaPhuong

Thank you! But what are these proofs?

There's a pinned thread specifically about this subject:

http://www.visajourney.com/forums/topic/220094-divorce-before-removal-of-conditions-on-permanent-resident-status/