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JeffJ&StephO

Quick & inexpensive Annulment for my fiance?

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Filed: Other Country: Philippines
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I met my fiance a year ago, knowing that she was only separated, and I had no idea that the annulment process was such a long & hard road until doing research here on the web. Does anyone out there have some good sound advice? Anyone know of a good honest, & reasonable lawyer in the Philippines? Thank you :)

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Filed: Citizen (apr) Country: Ecuador
Timeline

*** Thread moved from Site Discussion forum to the Philippines regional subforum, for country-specific input. ***

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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What are her grounds for annulment? And where (what region/city ) in the Philippines is she filing? A simple case of declaration of nullity can last, on average 2-3 years. All other cases of annulment (including Art.36/psychological incapacity) can take as long as 4 years or over. Annulments are adversarial, which means that a case of annulment can only be resolved through a full blown trial type hearing which is often participated by the government through the OSG. The idea is that the state has a stake in keeping families together hence the opposition of the OSG. Divorce however, may be an option for one who is a member of the muslim faith in some regions of Mindanao which can be brought before a Sharia court.

Sein oder Nichtsein, das ist heir die Frage.

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an annullment process can take about 2 years and about $2,000 USD or more. Just wondering since she was still married, your marriage to her should be consideered illegal, therefore, null and void.

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Filed: K-1 Visa Country: Philippines
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an annullment process can take about 2 years and about $2,000 USD or more. Just wondering since she was still married, your marriage to her should be consideered illegal, therefore, null and void.

Since the wording was fiancee they aren't married yet.

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Filed: Other Country: Philippines
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Thank you for the few quick responses on here. :) I forgot to mention she got married in the Phils to a Korean man who refuses to file for divorce back in Korea. (Out of spite I'm sure) I'm assuming this won't make a difference, but would appreciate more advice...& a trustworthy lawyer near Cagayan de Oro... As for her grounds for divorce, she & her husband were living with his parents & was she treated very poorly by all 3.. Not allowed to call home or skype with her family, leave the home on her own. There's more, but it hurts for her to talk about it, so I don't pry...

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I believe the reason could be abandonment if the guy is in Korea and not coming back. I always heard 100k peso is the rate and the 2 yr wait is what it will be. Sorry to say that unless you are living with her in the Philippines I would find another, thats a long wait and if you are supporting her a very expensive one at that.

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  • 4 weeks later...

I believe the reason could be abandonment if the guy is in Korea and not coming back. I always heard 100k peso is the rate and the 2 yr wait is what it will be. Sorry to say that unless you are living with her in the Philippines I would find another, thats a long wait and if you are supporting her a very expensive one at that.

Abandonment is not a cause for Annulment. At most, the abandoned spouse can claim for legal separation on grounds of abandonment which does not sever the marriage ties, hence, prevents either from remarrying. Grounds for annulment must exist prior or at the time of marriage and they are exclusive (see EO 209. Art. 45).

If you are serious about annulment and do not want to spend too much on the process, I suggest that you have your fiancé consult with the local Public Attorney's Office at CDO. They can assist in most types of cases for indigent (or clients within a certain income bracket) for free. Even if they refuse to take on your case they will be able to give you a sound advice or refer you to a reputable attorney that will not charge you an arm and a leg.

I've practiced family law for a few years in Manila and I know how tough annulments can be. The rates of acceptance depends on the experience and expertise of your attorney. On average an attorney will charge 150-300K just as an acceptance fee and could charge separately per appearance (at a going rate of 1,500-3,000 per hearing). Some also charge separately for pleadings. It is not chump change and those that charge bargain prices may not be competent enough to handle your case. I suggest you do your research and find someone you can trust to handle your case well.

Sein oder Nichtsein, das ist heir die Frage.

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My Aunt's annulment only took 8 months.. but that was with some strings to pull in the court system and ####### load of money spent approx. $3,000.

Also there was a vj member here who was from this same regional forum who had a successful annulment process. I am friends with her in FB and maybe she can give some info as to who she used as a lawyer and how to start the process.

F2A

Petitioner (My Mom)

Beneficiary (My Sister 18 y.o)

06-07-19- Sent I-130

06-11-19- NOA1

02-19-20- "Initial Review, Transferred to another Visa Center"

03-11-20- APPROVED!!!

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Unfortunately, there's no such thing as a quick and inexpensive annulment here. If it's quick, you can bet that it's expensive and if it's cheap, you can bet that it will take forever.

With that said, going through this process will be a test on the strength of your relationship and I wish you all the luck in the world.

Married in Texas Sept. 16, 2013

Sent I-130 Nov. 3, 2013

Received NOA1 (email) Dec. 19, 2013

Requested Expedite Jan. 2, 2014

Approved Expedite Jan. 4, 2014

Case sent to NVC Jan. 15, 2014

Received NOA1 (mail) Jan. 22, 2014

NVC Received Case Jan. 27, 2014

Received NOA2 (mail) Feb. 25, 2014

NVC Assigned Case Number Mar. 11, 2014

Paid AOS Fee Mar. 29, 2014

Paid IV Fee Mar. 29, 2014

Submitted DS-260 Apr. 4, 2014

Mailed in IV packet Apr. 8, 2014

Submitted AOS packet Forgot the date

Case complete May 31, 2014

Medical Jun. 26, 2014

Interview Jul. 8, 2014

POE (LAX) Sept. 16, 2014

Paid ELIS May 16, 2015

Received GC May 23, 2015

I-751 Receipt Date July 5, 2016

ROC NOA July 15, 2016

I-751 Biometrics Aug. 5, 2016

ROC Approved Sept. 18, 2017
Received GC Sept. 25, 2017
 

CR1 Spousal Visa Guide

 

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IMHO the best way to go about finding a Lawyer for your fiancée is to befriend someone in the courthouse who knows and works with annulments and inquire as to recommendations for a lawyer that has a good success rate. They will know and then she can be put in touch with the lawyer and begin the discussion. You are still going to be a "captive" of the court process and can take 1-2 years that's been my experience.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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