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Petitioning GF and her two son

By batiatus in Philippines

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batiatus Apprentice

batiatus   0

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Filed: Timeline
Posted

Hi Everyone, I'm going to marry my GF of 3 years. I'm a US citizen and never been married. My GF is Filipino citizen, She got married in the Phillipines in 1994. She had two girls with her ex husband ages 12 and 14. Her husband and her separated in 2005 and She moved to the US in 2006. She finally got divorce this year in the US and we are planning to get married next month. Will I be able to petition her and her two children? What forms will I need? Do I need to file separate petitions? She is out of status and her children are living in the Philippines. Will it be also a problem since she is not divorce in the Philippines?

Thank you

batiatus Apprentice

batiatus   0

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Filed: Timeline
  • Author
Posted

The answer to your question, will depend if if your girlfriend is here legal (i.e. work visa or green card) or illegal. Are her children here in the US, too?

Her kids lives in the philippines. She came here legally from her moms petitions but tye petition was abandoned. So now she is out of status

Merrytooth Mentor

Merrytooth   5,748

Posted
Filed: Lift. Cond. (apr) Country: Singapore
 Timeline
Posted

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.

And then your GF still needs to to sort out the children custody in Philippines which could be messy..

I suggest your question to be moved to http://www.visajourney.com/forums/forum/129-philippines/ portal for better answers.

Done with K1, AOS and ROC

Natsukiii Enthusiast

Natsukiii   35

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Your wife would need to file for an annulment in the Philippines since there is no divorce.

https://www.christianfilipina.com/research/what-is-the-process-of-annulment-in-the-philippines/

I'm not sure what you would need to do to petition the kids. Good luck.

- Jin

Our 1-130, CR-1 Visa Journey

03/24/2013: Got Married

USCIS STAGE

05/11/2013: Sent I-130 to the Phoenix Lockbox

05/15/2013: Notice of Action 1 (Case transferred to NBC)

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NVC STAGE

01/10/2014: Received Manila Case Number

01/10/2014: Paid AOS and IV Fees

01/16/2014: Expedite Request Approved by NVC (Submitted by Senator)

01/25/2014: Sent AOS and IV Documents to NVC

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SennaBrigante Rising Star

SennaBrigante   92

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

I'm genuinely confused, so "out of status" means she's in the US illegally? Because that might also be a problem for her petition...

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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Greenbaum Grand Master

Greenbaum   12,260

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted (edited)

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction.

No, divorce is allowed in the Philippines but only in a Muslim Sharia Court and it is recognized by the Philippines Government and immigration.

Not knowing the complete status of the children, but as the mother she has "custody" and may take them to the US once all the paperwork is completed.

Batiatus has many issues to take care of but the first he needs to get her "legal" before attempting any of the other issues. This may require a immigration attorney.

Your wife would need to file for an annulment in the Philippines since there is no divorce.

https://www.christianfilipina.com/research/what-is-the-process-of-annulment-in-the-philippines/

I'm not sure what you would need to do to petition the kids. Good luck.

- Jin

See my answer above. Edited by Greenbaum
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

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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

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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]

 

batiatus Apprentice

batiatus   0

Posted
Filed: Timeline
  • Author
Posted

Ok ive been doing alot of reading. Some people said as long as she is divorced here in the US she can remarry because in US she is divorce. Her spouse also lives in CA, but their children lives in the Philippines. Her two daughter are being taker care of by her sister.

Let me know if im wrong. After we get married. I need to file for I-130 and I-485. And also file I-130 for the children? Do I need a I-130 for each kid?

SennaBrigante Rising Star

SennaBrigante   92

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

She can remarry in the US, no problem. The problem is that USCIS also takes into consideration the laws of the beneficiary's country and in the PH, she's still considered as married to her first husband IF she reported that marriage to the Phil. embassy.

She can definitely adjust her status after getting married but USCIS might want an annulment decree for her first marriage and I don't know how the process will be like for those who are out of status and living in the US.

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

 

TBErp8.png
 
 
YEP0m5.png


 

 
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