Going to US to divorce my husband. HELP!

[Pixierich30 0]

Hello everyone ,

 

can anybody tell me what visa should I apply to go back to US, just to divorce my cheating husband? Please I need some help, I want to start my life once again. Here's my story.

 

Went to the US 2008 as fiancé, married my now husband, and I stayed and work in the states for 3 years, we then decided to come back here in the Philippines to stay for good, reason I didn't apply for adjustment of status, but after living here in the Philippines for 5 years, my husband cheated on me and abandoned me. Leaving me with nothing.

 

I now found someone else, he is also an American, and he wanted to marry me, but I cannot go back to the states because my green card has expired. I wanted to go back to divorce my husband so I can marry my now fiance, what should I do? 

 

Thank you anyone who could help me here. I would really appreciate it.

God bless us all.

Edited May 20, 2017 by Pixierich30

[Penguin_ie 6,002]

***** Moving from Off Topic to Philipines Regional forum as the divorce issue is sort of a country specific problem *****

 

Op, my understanding is that the US citizen needs to initiate the divorce for it to count in the Philippines, so any chance you can persuade your ex to file?  If not, a tourist visa is what you'd need.

[Pixierich30 0]

I just got my CENOMAR here in the Philippines the other day, and I didn't have a record being married, we didn't report our marriage in the US, so by Philippine law, I am still single, but the problem is my now fiance is an American and we want to get married and live in the states, hence I need to be divorce.

 

No my ex is not even talking to me, he is still here somewhere in the Philippines with his lover, I don't have any ways to contact him.

 

If I applied tourist would they approve my reason for going back? Is it advisable to tell them I have a fiance back in the states now? Or would that  cause problem?

 

Thank you by the way.

[Unlockable 7,322]

1 hour ago, Pixierich30 said:

I just got my CENOMAR here in the Philippines the other day, and I didn't have a record being married, we didn't report our marriage in the US, so by Philippine law, I am still single, but the problem is my now fiance is an American and we want to get married and live in the states, hence I need to be divorce.

No. You are wrong. You ARE married. Even by Philippine law. By not reporting it and claiming never married, you are committing fraud. Marriage is marriage no matter where you got married. You got married in the US so you are NOT a single woman.

No my ex is not even talking to me, he is still here somewhere in the Philippines with his lover, I don't have any ways to contact him.

 

If I applied tourist would they approve my reason for going back? Is it advisable to tell them I have a fiance back in the states now? Or would that  cause problem?

Yes, chances are this will be a problem. You will likely be denied. Regardless, it is not the proper way of doing it. You are looking for fraudulent ways to do this. Best thing to do is to divorce. You can contact a lawyer to help. You can even hire a US lawyer for yourself.

Thank you by the way.

Please read in red above.

 

Edited May 20, 2017 by NuestraUnion

[Dashinka 26,025]

53 minutes ago, Pixierich30 said:

I just got my CENOMAR here in the Philippines the other day, and I didn't have a record being married, we didn't report our marriage in the US, so by Philippine law, I am still single, but the problem is my now fiance is an American and we want to get married and live in the states, hence I need to be divorce.

 

No my ex is not even talking to me, he is still here somewhere in the Philippines with his lover, I don't have any ways to contact him.

 

If I applied tourist would they approve my reason for going back? Is it advisable to tell them I have a fiance back in the states now? Or would that  cause problem?

 

Thank you by the way.

I would think contacting an immigration lawyer versed on divorces would be in order.  I would think getting a tourist visa would be difficult considering you now have a new US Citizen boyfriend as I assume he lives in the US.  You need to clear up the divorce in the US before he can file a K1, but you may be able to do this remotely through a US attorney.

 

Good Luck!

[Transborderwife 4,666]

You cannot claim domicile to divorce on a tourist visa depending on where you file  Nor can you enter with intent to marry and adjust 

Edited May 20, 2017 by Transborderwife

[Pixierich30 0]

NuestraUnion,

 

Thank you for your reply, reason why I'm here is to seek for  information, I don't want to be fraud or anything. I just need an advice on what to do.

So you're saying I am married, but the thing is I don't have a record here, and set that aside, I know I am married in the states, that's why I wanted to go back and divorce him there, I tried to file for divorce but it required me to be a resident In that state for at least 90 days, before I can file.

 That's why I don't know what to do. I might get denied if I apply for tourist since I don't have money or income, my ex took all of it. My only ties in the Philippines are my family.

[Transborderwife 4,666]

Just now, Pixierich30 said:

NuestraUnion,

 

Thank you for your reply, reason why I'm here is to seek for  information, I don't want to be fraud or anything. I just need an advice on what to do.

So you're saying I am married, but the thing is I don't have a record here, and set that aside, I know I am married in the states, that's why I wanted to go back and divorce him there, I tried to file for divorce but it required me to be a resident In that state for at least 90 days, before I can file.

 That's why I don't know what to do. I might get denied if I apply for tourist since I don't have money or income, my ex took all of it. My only ties in the Philippines are my family.

Tourist is your only hope.  Visa Lottery?

[Pixierich30 0]

Wow, visa lottery seems impossible to get, just like winning a real lottery is impossible, but thanks for the reply.

I trust God will find a way for me to be happy again.

Thank you eveyone.

[Unlockable 7,322]

Seek competent legal counsel. This is a complicated case. From what I understand you can't initiate a divorce in the PHL and your husband is in the country with you but not cooperating.

 

The reason I say a visitor visa may be difficult for you to obtain is because you were given a fiance visa and used it to enter the US. Yes, you got married but you did not adjust status. Because you left the US before you AOS you would need a spousal visa from your husband to reenter which could take a year. An CO may see it as you want to come back to the US to live without having to wait for a spousal visa. But since you are separated, the CO may then see it as you have no other way to reenter the US and want to use the visitor visa to do so. Does your new fiance want to petition you for the US also? 

 

There MAY be another way. It would require you to move to another country like Hong Kong and applying for divorce there. I vaguely remember a case where a Filipina was living in another country and divorced her husband, who was living in the PHL. I would do some research on that as I am not sure if it is doable.

 

Other than that, you can apply for a tourist visa. Nobody is stopping you. If you get it, great. But like mentioned, it may be difficult.

 

 

[Jojo92122 1,925]

First, you are married in the Philippines.  You just didn't report it.  MARRIED IS MARRIED.

 

Second, you don't need to come to the US to file for divorce.  Your husband can file and it will be recognized in the PI.  From the PI, you can hire a US attorney to file, but you will need an annulment in the PI also.

 

Third, there is absolutely no way the US will give you a tourist visa to come to the US to file a lawsuit when you don't need to be here to do that.

 

Fourth, you lived in the US illegally for 3 years without adjusting status.  That's a 10 years ban after you left.  Even with a new US husband, you will still have a ban until 2021.

Edited May 20, 2017 by Jojo92122

[Jojo92122 1,925]

2 hours ago, Pixierich30 said:

Wow, visa lottery seems impossible to get, just like winning a real lottery is impossible, but thanks for the reply.

I trust God will find a way for me to be happy again.

Thank you eveyone.

People born in the PI are not eligible for the DV lottery.

[Transborderwife 4,666]

7 minutes ago, Jojo92122 said:

First, you are married in the Philippines.  You just didn't report it.  MARRIED IS MARRIED.

 

Second, you don't need to come to the US to file for divorce.  Your husband can file and it will be recognized in the PI.  From the PI, you can hire a US attorney to file, but you will need an annulment in the PI also.

 

Third, there is absolutely no way the US will give you a tourist visa to come to the US to file a lawsuit when you don't need to be here to do that.

 

Fourth, you lived in the US illegally for 3 years without adjusting status.  That's a 10 years ban after you left.  Even with a new US husband, you will still have a ban until 2021.

Which could be waived with a proper waiver

[Jojo92122 1,925]

1 minute ago, Transborderwife said:

Which could be waived with a proper waiver

Yes, so simple.  She should take your advice and enter the DV lottery.

 

What happen to "tourist is your only hope?"

[Transborderwife 4,666]

3 minutes ago, Jojo92122 said:

Yes, so simple.  She should take your advice and enter the DV lottery.

 

What happen to "tourist is your only hope?"

No need for snark.  Op isn't seeking a spousal visa so tourist visa would be her only hope