My Filipina girlfriend is still married but has been separated for 4 years, anyone here who knows how i can bring her to US the faster way?

[Hank_ 9,174]

Just now, Jojo92122 said:

A foreign divorce would require the foreign court to have jurisdiction over both parties.  Impossible to do without the husband's agreement.

 

Even with a foreign divorce, the PI Government will not recognize it and she will not be able to get the PI paperwork necessary to obtain a K1 fiancee visa or CR1  spousal visa.

 

The annulment is the only realistic solution.

Not true.

 

There are numerous topics here about a Filipino acquiring a divorce in Hong Kong or Singapore, etc. .. some while they were OFWs.   Once they have a valid divorce none of them had issue with completing the K-1 visa process.     

 

And for obvious reasons a spousal visa is out, if they want to marry in the Philippines.   

[Jojo92122 1,925]

12 minutes ago, Hank_ said:

Not true.

 

There are numerous topics here about a Filipino acquiring a divorce in Hong Kong or Singapore, etc. .. some while they were OFWs.   Once they have a valid divorce none of them had issue with completing the K-1 visa process.     

 

And for obvious reasons a spousal visa is out, if they want to marry in the Philippines.   

She is not working and residing overseas.

 

The OP is asking for alternatives to the annulment.  Seems that a foreign divorce is unrealistic given her current situation.  Getting her to a country where she can legally file with an absent 2nd party will be impossible.

 

Hank, where should the OP put his time, energy and money into solving this problem?  Annulment or pursue an oversea divorce?  The OP wants a faster route than an annulment.  Is researching and pursuing a foreign divorce going to be faster than the annulment?

 

Edited June 27, 2018 by Jojo92122

[Cyberfx1024 7,980]

8 minutes ago, Jojo92122 said:

She is not working and residing overseas.

 

The OP is asking for alternatives to the annulment.  Seems that a foreign divorce is unrealistic given her current situation.  Getting her to a country where she can legally file with an absent 2nd party will be impossible.

 

Hank, where should the OP put his time, energy and money into solving this problem?  Annulment or pursue an oversea divorce?  The OP wants a faster route than an annulment.  Is researching and pursuing a foreign divorce going to be faster than the annulment?

 

Either way at this point in time she has to either

 

A. Be a OFW and file for a divorce in that country.

B. Do an annulment and wait 1-2 years. If you are willing to spend $5-6k USD on the annulment it will take 1 year.

[Jojo92122 1,925]

Every day, new folks come on VJ looking for quicker and faster ways for their family to immigrate.  They are hoping that we give them a work around or know a trick that gets them a quicker and better result than other people.  Most are disappointed when there is no magical solution, and they are told that they must go through all the steps that everyone has to go through and nothing will be quick or fast about US immigration.

[Hank_ 9,174]

11 minutes ago, Jojo92122 said:

She is not working and residing overseas.

 

The OP is asking for alternatives to the annulment.  Seems that a foreign divorce is unrealistic given her current situation.  Getting her to a country where she can legally file with an absent 2nd party will be impossible.

 

Hank, where should the OP put his time, energy and money into solving this problem?  Annulment or pursue an oversea divorce?  The OP wants a faster route than an annulment.  Is researching and pursuing a foreign divorce going to be faster than the annulment?

 

Why would it be impossible for her to get to a foreign country to file for a divorce?   Difficult - yes.  Impossible - no.   

 

What countries can she enter that allow her to stay long enough to complete the residency requirements?   Don't know.    I just open the blinds to let the light in ... 

 

Could his fiancee get an OFW job in a country that she can secure a divorce?  Why not?   Even with a one year contract it would be faster and cheaper than the annulment process.

 

Lots of people "want" ... thing is reality and "want" are not even kissin' cousins.

 

[Jojo92122 1,925]

Yeah, an ex parte foreign divorce when she is currently living and working in the PI without being able to contact her husband will be a faster alternative than an annulment.  OP should definately spend his time, energy, and money to pursue a foreign divorce.   Just got to find the right jurisdiction, then get her there on a job or whatever to meet the residency requirement, and then get court approval for an ex parte divorce.  Easy peasy.  There aren't multiple complications.   All those steps will be relatively quick and fast.  

[geowrian 22,339]

32 minutes ago, Jojo92122 said:

A foreign divorce would require the foreign court to have jurisdiction over both parties.  Impossible to do without the husband's agreement.

Not true. A divorce does not need another party's agreement. They just need to be notified and awarded due process. Whether or not they choose to engage in the process is their own decision. A judge can grant the final divorce decree with or without their cooperation, and with or without any signatures. The court does not need to have any jurisdiction over that individual either.

 

32 minutes ago, Jojo92122 said:

Even with a foreign divorce, the PI Government will not recognize it and she will not be able to get the PI paperwork necessary to obtain a K1 fiancee visa or CR1 spousal visa.

All the necessary paperwork required can be obtained from PI the same as anybody else.

Yes, the PI government won't recognize it (unless it were with a foreign national and then process via the PI court as well). That can certainly create issues within PI, but has no meaning outside PI or for the immigration process.

 

32 minutes ago, Jojo92122 said:

The annulment is the only realistic solution.

Most likely, yes. Obtaining a necessary visa and/ or residency abroad, processing the divorce, etc. is not a quick or simple process. A PI annulment isn't either...expect 6-24 months + various costs IMO.

 

The Guam-based option previously noted ITT likely would not work. While it's possible to get a divorce within 7 days of presence, as noted above a requirement for immigration to recognize the divorce is due process. Unless the husband is also present and agreeable to the process, I can't imagine such a short process would qualify.

Most likely, they would need to reach out to the husband first. If no response is received, then a public notice must be presented for at least x days. If no response is received still, only then would they continue with the process in absentia. This i snot a particularly quick process either, especially if the husband wants to fight it...it can drag on a long time.

 

But a foreign divorce is absolutely possible. Having it as an option is correct. Is it practical? Most likely not...but I've seen much crazier.

[Hank_ 9,174]

1 minute ago, Jojo92122 said:

Yeah, an ex parte foreign divorce when she is currently living and working in the PI without being able to contact her husband will be a faster alternative than an annulment.  OP should definately spend his time, energy, and money to pursue a foreign divorce.   Just got to find the right jurisdiction, then get her there on a job or whatever to meet the residency requirement, and then get court approval for an ex parte divorce.  Easy peasy.  There aren't multiple complications.   All those steps will be relatively quick and fast.  

 

Akin to building an anti-gravity gadget.

 

[Blue Bianchi 77]

On 6/27/2018 at 5:40 AM, Chris Duffy said:

FYI

 

The Supreme Court just passed a law that if either party (Both Philippines Residence) initiates a divorce in another country, then it will be recognized by the Republic of Philippines.   

 

This landmark case passed about 1 month ago.

 

It is a way to get around the annulment

Chris, 

Do you have a link to this law? Can't seem to find it with a Google search. 
If it's this one (http://www.congress.gov.ph/legisdocs/first_17/CR00640.pdf), then it's not quite a law yet.


 

[Cyberfx1024 7,980]

10 minutes ago, Blue Bianchi said:

Chris, 

Do you have a link to this law? Can't seem to find it with a Google search. 
If it's this one (http://www.congress.gov.ph/legisdocs/first_17/CR00640.pdf), then it's not quite a law yet.


 

It is not signed into law yet. Also if you try to do this where will she get divorced at? The majority of places require that you at least have residency in order to file for divorce.

[Hank_ 9,174]

23 hours ago, Blue Bianchi said:

Chris, 

Do you have a link to this law? Can't seem to find it with a Google search. 
If it's this one (http://www.congress.gov.ph/legisdocs/first_17/CR00640.pdf), then it's not quite a law yet.


 

It is not a new law.  It is a Supreme Court ruling on an existing law.  Their ruling altered an existing law. 

 

http://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

 

That other link is in regards to divorce being allowed IN the Philippines, but that type of bill has been brought up many times over the years .. the church has kept it from being more than a bill that never becomes law

Edited July 7, 2018 by Hank_