Filipina previously married in Phil. and remaried in Canada with US citizen man with out undergo the annulment in Phil. anyone can advice ?

[VerNice♥ 1]

Hi to all, I had a friend living and working in Canada just 2 years for now, she been married in Philippines with a filipino guy and the previous married not annulled yet, but she got the divorced in Canada with her previously married and few months ago she remarried a US citizen guy , she's trying to apply a tourist visa from Canada to US but she failed and and got denied. Now her US husband trying to file a spouse visa for her so she can come and live with him in the US and she wants to get her 2 daughters with her along those petition. My question is , the divorced in Canada is legal to remarry another guy even she's not annulled in the Philippines? How can she get her daughter to bring in the US with her New husband? there's any big issue of this problem? those previously married is already void with out filing the paper work in the court back to the Philippines? is that ok to continue filing the spouse visa to come in the US ? Do you think guys she's can grant a visa to join her new husband with out any hassle to fix her previous married in the Philippines? any idea about this? any advice please! would very much appreciated ,. She's a filipina now working and living in Canada but not a Canadian citizen. Thanks

[Markieboy 104]

Hi to all, I had a friend living and working in Canada just 2 years for now, she been married in Philippines with a filipino guy and the previous married not annulled yet, but she got the divorced in Canada with her previously married and few months ago she remarried a US citizen guy , she's trying to apply a tourist visa from Canada to US but she failed and and got denied. Now her US husband trying to file a spouse visa for her so she can come and live with him in the US and she wants to get her 2 daughters with her along those petition. My question is , the divorced in Canada is legal to remarry another guy even she's not annulled in the Philippines? How can she get her daughter to bring in the US with her New husband? there's any big issue of this problem? those previously married is already void with out filing the paper work in the court back to the Philippines? is that ok to continue filing the spouse visa to come in the US ? Do you think guys she's can grant a visa to join her new husband with out any hassle to fix her previous married in the Philippines? any idea about this? any advice please! would very much appreciated ,. She's a filipina now working and living in Canada but not a Canadian citizen. Thanks

I really cannot speak regarding the divorce and annulment, as I do not have personal knowledge.

However, I can comment on bringing the daughters to the U.S. I am assuming that she was previously married to the biologic father of her two daughters. Is that correct?

If so, she does not have sole custody over them. This means that without their father's consent and/or court order, the two daughters cannot travel to the U.S....much more leave the Philippines.

IMHO, she should really get her annulment in the Philippines straightened out first. Then, worry about securing consent from her daughters' father.

I hope this helps your friend some. Good luck with whatever she decides!

[Darnell 8,479]

Now her US husband trying to file a spouse visa for her so she can come and live with him in the US and she wants to get her 2 daughters with her along those petition. I would suggest following up, instead, later . Not now. but later.

Focus on the spousal visa first, then (later) the petitions for the daughters.

But that's just my 2 cents.

[VerNice♥ 1]

I really cannot speak regarding the divorce and annulment, as I do not have personal knowledge.

However, I can comment on bringing the daughters to the U.S. I am assuming that she was previously married to the biologic father of her two daughters. Is that correct?

If so, she does not have sole custody over them. This means that without their father's consent and/or court order, the two daughters cannot travel to the U.S....much more leave the Philippines.

IMHO, she should really get her annulment in the Philippines straightened out first. Then, worry about securing consent from her daughters' father.

I hope this helps your friend some. Good luck with whatever she decides!

yes, she was previously married to the biological father of her two daughters, but her previous husband doesn't sign any paper work for annullment , as she said her previous husband just sign a paper consent to travel for her two daughters. Her previous husband is now in Middle east working, and her new husband in US starting to file the spouse visa for her and for her daughters, the problem is she cannot convience her previous husband to sign any paper works for anullment , so how can she grant the spouse visa and her daughter visa to come to the US,? but she got the divorce in Canada? is that strong enough evidence the her previous marriege already void? she believes that there's no any trouble getting her daughter in the Philippines, Canada divorce decree is recogniceable in the Philippines law? or US law ?

Thanks for the reply

[VerNice♥ 1]

Now her US husband trying to file a spouse visa for her so she can come and live with him in the US and she wants to get her 2 daughters with her along those petition. I would suggest following up, instead, later . Not now. but later.

Focus on the spousal visa first, then (later) the petitions for the daughters.

But that's just my 2 cents.

She's worried about getting her daughter to come in the US with over age, she wants to get them while under 21 years of age, her daughter become 21 this Dec. and she wants to get sooner before her daughter become 21 years old. I don't know how does it goes about getting her daughter with her previous married not yet fixed,.

thanks for the reply again...

[Darnell 8,479]

I think if the mother not set foot in the Phils again, then there is no issue for CFO on the mother.

If no issue for CFO on the mother, then how is that evaluated for the children? IMO - that's the ONE THING that you (or anyone else attempting to help her) absolutely has to determine, nowish.

[Markieboy 104]

yes, she was previously married to the biological father of her two daughters, but her previous husband doesn't sign any paper work for annullment , as she said her previous husband just sign a paper consent to travel for her two daughters. Her previous husband is now in Middle east working, and her new husband in US starting to file the spouse visa for her and for her daughters, the problem is she cannot convience her previous husband to sign any paper works for anullment , so how can she grant the spouse visa and her daughter visa to come to the US,? but she got the divorce in Canada? is that strong enough evidence the her previous marriege already void? she believes that there's no any trouble getting her daughter in the Philippines, Canada divorce decree is recogniceable in the Philippines law? or US law ?

Thanks for the reply

Edited June 5, 2013 by Markieboy

[VerNice♥ 1]

I am not 100% with regards to the Canadian divorce decree. It seems like the Philippines (even if divorce is not recognized in the Philippines) would accept that decree and grant an annulment. It is still best to consult a Philippine lawyer to be sure.

Even if there is a legal dissolution of marriage, the father still has parental rights to his children. If the father refuses to give consent, the only other option I see would be to get a court order. Again, I don't see the courts granting the order just based on wanting to immigrate to the U.S.

Just my thoughts.

thanks for the reply again,

I wonder why she grant a divorced in Canada that she still married in the Phil.

last time she tried to apply a tourist visa while they were still in relationship being boy friend and gf but the consulate denied her and told her why she cannot wait a legal process of petition with the guy ? so after she got denied she divorced her fil. guy and re-married to an american guy so she can get to the US. Now she don't expect it would be a long process. There's anyway she can come to the US sooner even the petitioned still on process? and why she got denied applying tourist visa in the US?

[Darnell 8,479]

she was denied a visa into the usa because of lack of strong ties to canada .

or perceived immigrant intent.

please explain what this means? told her why she cannot wait a legal process of petition with the guy ?

Thanks !

Edited June 5, 2013 by Darnell

[VerNice♥ 1]

she was denied a visa into the usa because of lack of strong ties to canada .

or perceived immigrant intent.

please explain what this means? told her why she cannot wait a legal process of petition with the guy ?

Thanks !

when she's trying to apply a tourist visa to US the consulate telling her why she cannot wait for the legal process from her fiance in the US then she got denied, I told her to not attempt to apply any visa to the US instead just to wait the petition from her US guy. What the reason why she denied when she's applied a tourist visa to US? I don't know and she don't know the reason why.

thanks the reply again ....

Edited June 5, 2013 by VerNice♥

[Darnell 8,479]

ah - so these were words out of the consulate's mouth.

The consulate know about 'the guy' in USA how ?

[VerNice♥ 1]

ah - so these were words out of the consulate's mouth.

The consulate know about 'the guy' in USA how ?

the guy gave her an invitation letter to come to the US as a tourist and she handed it to the office of consulate or the place where she can apply a visa for tourist

[belinda63 3,053]

I believe, someone with more knowledge help out, that a divorce anywhere but the philippines is not valid for a philippine citizen as far as the country of the Philippines considers,(it is valid in the US). So her divorce in Canada would not be recognized in the philippines but will be recognized in the US. Since she is in Canada, she would have no problem if she does not return to the Philippines. If she returns to the Philippines they will consider her still married to husband number one.

If she married prior to the youngest daughter turning 18 the US citizen step-father can apply for the I-130 for the child.The oldest daughter (20) is out of luck. The mother will have to wait until she is an LPR then file a petition for the daughter.

The problem is getting the child out of the Philippines. Without parental consent, and with the divorce not being recognized there, this is going to present a major issue.

[VerNice♥ 1]

I believe, someone with more knowledge help out, that a divorce anywhere but the philippines is not valid for a philippine citizen as far as the country of the Philippines considers,(it is valid in the US). So her divorce in Canada would not be recognized in the philippines but will be recognized in the US. Since she is in Canada, she would have no problem if she does not return to the Philippines. If she returns to the Philippines they will consider her still married to husband number one.

If she married prior to the youngest daughter turning 18 the US citizen step-father can apply for the I-130 for the child.The oldest daughter (20) is out of luck. The mother will have to wait until she is an LPR then file a petition for the daughter.

The problem is getting the child out of the Philippines. Without parental consent, and with the divorce not being recognized there, this is going to present a major issue.

so she will gets in the US with the spouse visa with out any question then? except the paper work of her two daughters? the US embassy don't ask any annullment from the Philippines because she lives in Canada? She's not immigrant in Canada yet, she live in Canada under her employer visa, is that ok doing some paper work to get her to US even though no annullment from Phil. but a divorced from Canada do you think that's not a big issue then , .

thanks

Edited June 6, 2013 by VerNice♥

[Darnell 8,479]

IMO, the invitation letter shown, was the kiss of death for the tourist application and subsequent tourist visa interview.

Sorry.

Who does that, really? Who submits such a letter? I'd be walloping someone's heid, if'n I caught them giving that advice.

why? it's the kiss of death !

---

a foreigner in canada must show strong ties to canada - sometimes the work permit isn't enough.

by law, the foreigner applying for a tourist visa is automatically assumed (cause it's in the law, btw) to have immigrant intent, and it's on the foreigner to prove up there IS no immigrant intent for a tourist visa to be successfully awarded.

I'm sorry, that's just how it rolls, worldwide.