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johnandcheryl

How to Marry...

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Filed: Country: Philippines
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Your other post actually got moved to the Philippine forum. You can click the report icon on the lower left and ask this one to be deleted if you so choose and stay with the other posting.

Actually I posted it there in the K-1 Fiancee Visa Forum and then copied it here to the General Philippines Forum but am getting no responses here so far than yours and several in the K-1 Fiancee Visa Forum.

Edited by johnandcheryl
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Filed: Other Country: Philippines
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Actually I posted it there in the K-1 Fiancee Visa Forum and then copied it here to the General Philippines Forum but am getting no responses here so far than yours and several in the K-1 Fiancee Visa Forum.

No your other posting has been moved here, just do a quick look down the list of topics... there it is!! I see it now!! Just below this one!! :whistle:

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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Filed: Other Country: Philippines
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Thanks Hank_Amy, but how could it be the I-130 if I'm not married to her after the annulment is done? I'm not going to fly there to marry and then fly back (that would be a $3,000 roundtrip). Hopefully, there isn't too much difference between processing times for the K-1 Fiancee visa and IR-1 Spousal visa at that time.

Just saying to look at options, no suggestions. Being you are not flying over there after the anullment... the marriage route is void.

(see this posting is in the Philippine forum)

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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Filed: Country: Philippines
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No your other posting has been moved here, just do a quick look down the list of topics... there it is!! I see it now!! Just below this one!! :whistle:

Thanks Hank_Amy, you're right now that I looked. Guess someone moved it! Glad it's just one posting now.

Now back to orginal posting already in progress...

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Filed: Citizen (apr) Country: Canada
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I merged your topics for you.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Filed: Country: Philippines
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Hi Everyone,

Thanks for the responses so far but I may have good news...crossing fingers here...

Talked to a Filipino immigration lawyer today here in my area and he believes, based on what I said, that she can, after establishing residency here for six months, apply in my state (Virginia) for an uncontested divorce and this would satisfy US law. By Filipino law, she would still be married but what matters is how the U.S. Government would view it for immigration purposes. An uncontested divorce here would cost about $750 to $1,000 compared to the $4,700 I was getting from a lawyer in Manila.

I've already established a bank account for her here and her daughter is now enrolled in school here. The goal also is for her to get a driver's permit to start learning to drive too but that will take a month or two. I guess she'll need to be put on my utility bills as help establish residency and possibly another affidavit of residency that I sign indicating that she is living at my house (did one for the daughter for school already).

In addition, in order for her to establish six months' of residency, her tourist visa would need to be extended but he didn't think that would be too much of a problem (I hope not!). Just needs to be done within 45 days of the expiration.

In any case, we are going to meet with him on Saturday morning to clarify it further. I'll update when I have more news.

I hope this is good and that she and her daughter don't need to return to the Philippines for a year and a half or longer.

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Filed: Country: Philippines
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The one thing I will add, Schools in the Philippines are taught in English, not tagalog (or Bisaya for central visayas).

MangoAve, thanks, you are right -- my wife-to-be corrected me on that too. I've been to the Philippines but just remember Tagalog/Visayan or hundreds of other dialects being spoken and just assumed school was the same way. It's good to hear that even elementary schools teach in English there.

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I'm not sure how much she wants to return to the Philippines, but there are issues that could, not that they will, but could come up. She will always be married there, unless she gets the annulment. Getting married to you would make her an adulteress and a bigamist, both of which are crimes in the Philippines and she could be jailed. Neither of these crimes are generally prosecuted unless a family member makes a case against them, but cases are made when someone is looking for a pay off or just mad because someone gained a new and better life. Her husband may not care now if she remarries, it might be very different should he return to Philippines and starts to get teased about his wife having a new husband, or she returns there and suddenly he decides this is a good way to make a few Pesos. Theoretically you could also be charged with adultery and jailed in the Philippines. This might or might not be something you care about, but she could never get a passport in her new married name in the Philippines, and your marriage could never be recognized in the Philippines. If neither of you never intend to go there, and she intends to get USA citizenship and give up Philippines citizenship, then none of these issues matter one bit. But you should be aware of them if you choose her getting a divorce instead of following the annulment process the Philippines allows their citizens to use.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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Filed: Other Country: Philippines
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Hi Everyone,

Thanks for the responses so far but I may have good news...crossing fingers here...

Talked to a Filipino immigration lawyer today here in my area and he believes, based on what I said, that she can, after establishing residency here for six months, apply in my state (Virginia) for an uncontested divorce and this would satisfy US law. By Filipino law, she would still be married but what matters is how the U.S. Government would view it for immigration purposes. An uncontested divorce here would cost about $750 to $1,000 compared to the $4,700 I was getting from a lawyer in Manila.

I've already established a bank account for her here and her daughter is now enrolled in school here. The goal also is for her to get a driver's permit to start learning to drive too but that will take a month or two. I guess she'll need to be put on my utility bills as help establish residency and possibly another affidavit of residency that I sign indicating that she is living at my house (did one for the daughter for school already).

In addition, in order for her to establish six months' of residency, her tourist visa would need to be extended but he didn't think that would be too much of a problem (I hope not!). Just needs to be done within 45 days of the expiration.

In any case, we are going to meet with him on Saturday morning to clarify it further. I'll update when I have more news.

I hope this is good and that she and her daughter don't need to return to the Philippines for a year and a half or longer.

So you are planning to establish residency in the USA on a tourist visa? Then? Not planning for her to return to the Philippines? Skip that step? Get married and go directly to AOS from a tourist visa? Just curious.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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Annulment is the answer...and waiting to be done, she is still married even she apply for residency...that is against the Philippine Law.

Jazel & Paul Stickel

January 2009 : met online via Filipino dating and singles site (Filipino Cupid);

chatting No E-mails.

February 2009 : arrived for first meeting in-person! We become friend.

September 2009 : arrived for second meeting in-person

February 2011 : Arrived for third meeting Engaged!!!

June 2011 : Propose to marry in 2012!!!

February 2,2012 : arrived forth meeting in person

February 3, 2012 : got the capacity to marry from the US Embassy Manila

February 14, 2012: Wedding ceremony at Municipality of Cainta, Rizal Philippines

February 16, 2012: signing the contract of marriage

IR-1/CR-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manila, Philippines

Marriage (if applicable): 2012-02-16

I-130 Sent : 2012-05-07

I-130 NOA1 : 2012-05-14

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Annulment is the answer...and waiting to be done, she is still married even she apply for residency...that is against the Philippine Law.

Jazel & Paul Stickel

January 2009 : met online via Filipino dating and singles site (Filipino Cupid);

chatting No E-mails.

February 2009 : arrived for first meeting in-person! We become friend.

September 2009 : arrived for second meeting in-person

February 2011 : Arrived for third meeting Engaged!!!

June 2011 : Propose to marry in 2012!!!

February 2,2012 : arrived forth meeting in person

February 3, 2012 : got the capacity to marry from the US Embassy Manila

February 14, 2012: Wedding ceremony at Municipality of Cainta, Rizal Philippines

February 16, 2012: signing the contract of marriage

IR-1/CR-1 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manila, Philippines

Marriage (if applicable): 2012-02-16

I-130 Sent : 2012-05-07

I-130 NOA1 : 2012-05-14

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In addition, in order for her to establish six months' of residency, her tourist visa would need to be extended but he didn't think that would be too much of a problem (I hope not!).

Assuming her tourist visa is extended, is that enough time for a divorce to be finalized in the state of Virginia?

If this all works out for you, I would recommend that she not travel to the Philippines until she can do so on a U.S. passport. If she went to the Philippines on a Filipino passport, she might not be allowed to leave the Philippines without a CFO sticker in her Filipino passport, and there's virtually no chance that the CFO would give her a CFO sticker.

Good luck! :star:

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Assuming her tourist visa is extended, is that enough time for a divorce to be finalized in the state of Virginia?

If this all works out for you, I would recommend that she not travel to the Philippines until she can do so on a U.S. passport. If she went to the Philippines on a Filipino passport, she might not be allowed to leave the Philippines without a CFO sticker in her Filipino passport, and there's virtually no chance that the CFO would give her a CFO sticker.

Good luck! :star:

Very true. This means that assuming all goes well, if she gets a divorce in the US, gets AOS, removal of conditions, and then Citizenship at best she has over 4 years before she can return to Phil. There is no easy way around this.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

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