Need info

[Jossiefe 1]

I have a fiancee who lives in the Philippines. I wanted to petition her as a K1 visa, however she was married before, been separated from her ex-husband 15 yrs ago. Her situation is little complicated. I can’t file a petition yet until her marriage is terminated annuled or nullified. She was married while she was a minor, she was only 16 yrs old when she got married but she said they were only asking for a cedula when they got married in front of the judge and the cedula didn’t show her real birth year, so it wont show that she was minor then. They been livingg separate lives for over 15 yrs and she doesn’t even know where to locate her ex. The last time she heard something about him was 12 yrs ago and that he has another family. She tried to get a CENOMAR and show that she has a marriage record with that guy, the PSA attached the marriage certificate and shows her different birth year but the rest of information is her and her father and mothers info. So, the questions are, how can she nullify or annull the marriage? And Does anyone know a good lawyer in Cebu City Philippines that can help her to process or to nullify the marriage since she was a minor when she got married. Thank you for taking the time to read and answer my concerns.

[Crazy Cat 44,943]

There have been a number of PI cases here which can get very tricky.  Be careful!!!!  There are several posters here knowledgeable of PI .....

@geowrian

@Cyberfx1024

Edited June 2, 2018 by missileman

[Cyberfx1024 7,980]

Here is a link to a older thread about this subject. Just be advised that a quick annulment is about 1-2 years and costs about $5k.

[geowrian 22,341]

I don't have a recommendation for a specific lawyer, but I highly suggest seeking one to handle your fiancee's case. Annulments are not easy or quick. In the best circumstances, I've seen it take about 6 months. I've also seen then take over 2 years. Around 1-2 years is fairly common. As for the total costs, $5k-$10k seems to be common from what I've been told by others, depending on the case and amount of effort necessary. The incorrect DOB may be a factor that complicates the case, so be sure to bring this up with any attorney you do find to find the best way to address it (and ensure she's not putting herself in any legal jeopardy in the process).

 

While the annulment is likely the only realistic option and actually wraps up the issue properly, technically she can divorce outside the Philippines and use that divorce decree for US immigration purposes (even though the Philippines won't recognize said divorce). However, to divorce she would likely need to establish some sort of residence abroad first. And it may have some legal ramifications after she remarries since the Philippines won't recognize a second marriage without the first being dissolved under Philippine law. This is also something that may be worth discussing with a good attorney, if the annulment process has issues.

Edited June 3, 2018 by geowrian

[Hank_ 9,174]

13 hours ago, geowrian said:

I don't have a recommendation for a specific lawyer, but I highly suggest seeking one to handle your fiancee's case. Annulments are not easy or quick. In the best circumstances, I've seen it take about 6 months. I've also seen then take over 2 years. Around 1-2 years is fairly common. As for the total costs, $5k-$10k seems to be common from what I've been told by others, depending on the case and amount of effort necessary. The incorrect DOB may be a factor that complicates the case, so be sure to bring this up with any attorney you do find to find the best way to address it (and ensure she's not putting herself in any legal jeopardy in the process).

 

While the annulment is likely the only realistic option and actually wraps up the issue properly, technically she can divorce outside the Philippines and use that divorce decree for US immigration purposes (even though the Philippines won't recognize said divorce). However, to divorce she would likely need to establish some sort of residence abroad first. And it may have some legal ramifications after she remarries since the Philippines won't recognize a second marriage without the first being dissolved under Philippine law. This is also something that may be worth discussing with a good attorney, if the annulment process has issues.

That is SO correct!  The divorce would be adequate for the U.S. visa process  as long as the person doesn't care about status in the Philippines.      

 

There was a recent supreme court ruling on divorce outside the Philippines stating that even if the Filipino filed for the divorce that it is a valid divorce for recognition in the Philippines .. the catch 22 is that the other spouse must be a foreigner.