HELP PLEASE Visa denied

[Ben&Zian 4,397]

Key thing is, with the death decree, did it sever the marriage? If no. Then when he is, as he has been, found to be alive, the death decree is null and void, and they still remain married..... Divorce is the only way. Again in the Philippines it can be expensive and take a good amount of time. Then also again have to add in this whole complication of this court decree into the mix. That seems to be only truely legal way.

[Jeanne Adil 1,651]

4 minutes ago, geowrian said:

Nope. PH can declare absolutely anything they want. The US can just ignore that declaration, though.

and immigartion did so they consider what she did as polygamy

i wouldn't want to be the lawyer for this case 

[bigred6ft4 8]

Yes Ben thanks I know its going to be a pain its been over 20 years since the marriage.

[bigred6ft4 8]

All this crazy talk about polygamy is foolish in the Philippines she did the legal thing to do in her situation it might not be our laws but there it was and is legal. 

[geowrian 22,335]

Just now, adil-rafa said:

and immigartion did so they consider what she did as polygamy

i wouldn't want to be the lawyer for this case 

Yup...definitely not going to be a simple fix (or remotely quick, given PH's annulment process...usually ~6-24 months).

I do think it won't be held against her moving forward as there is no evidence - AFAIK - of fraudulent intent.

[Boiler 43,428]

Perhaps the presumptive death was easier cheaper than an Annulment.

 

Quickest option would be for the first husband to divorce her.

[Jeanne Adil 1,651]

7 minutes ago, bigred6ft4 said:

All this crazy talk about polygamy is foolish in the Philippines she did the legal thing to do in her situation it might not be our laws but there it was and is legal. 

having an american  husband as immigration discovered, u can not go to another couuntry and marry

[Ontarkie 13,913]

~~Moved to the PI Forum, from K1 P&P - As the OP is dealing with Country specific questions.~

[kris&me 572]

let me put it a different way

legally she is and has been married over 9 years to a USC

she is eligilbe for her share of SS benefits and a portion of his retirement

would i divorce a 65 year old man (who obviously did not suppot his daughter)?   No,  at this stage i would go for the money

[Unlockable 7,306]

46 minutes ago, bigred6ft4 said:

All this crazy talk about polygamy is foolish in the Philippines she did the legal thing to do in her situation it might not be our laws but there it was and is legal. 

Exactly. What is legal in one country may not be legal in another. This is what she has to overcome. So it isn't crazy talk because her situation directly affects her ability to immigrate to the US.

[Hank_ 9,172]

2 hours ago, bigred6ft4 said:

hello all I filed my I-129f back in Dec of 1017 and just got a denial letter. But there is still hope the issue is my Fiance is from the Philippines she was married twice and has 3 older kids. the first Marriage was in the Philippines to and American guy and about three months after the marriage she did move to the US  but only stayed with him for two months and moved back to the Philippines (she was not happy with the relationship) she also was pregnant with his daughter when she left the USA.

 

After a few mouths back home he stopped calling and they lost touch he never even saw his daughter in person. Flash forward 5 years later she (my fiance) meet her second husband and after a few years dating they wanted to get married but she could not get in touch with her first husband in the US. So after talking to a Lawyer in the Philippines they were told the fastest way to end the marriage was to have the Philippine courts give a order of Declaration of Presumptive death. Witch the court did grant (after a short trial and she had to put adds in the local newspaper) the court did grant the order and this allowed my Faience to Merry her second husband, This second marriage lasted 18 years until his death in 2015

should I be worried about all this husband death? LOLOL Just kidding anyway I filed the I129f and the reason it was denied was because the first husband Is still alive in the US very old now but the denial says I did not prove the first husbands presumed death by the Philippine courts would allow her to marry me here in the USA I am contacting a lawyer this time and want some thoughts on should I appeal or file a motion to reconsider witch will be faster. Thanks so much for any help with this roller coaster ride for love.

I did get a fre about the first husband and sent the full court file of the presumptive death court order and a copy of the Philippine law but was still denied. Thank you for your responses.

 

No benefit to appeal the denied I-129F .. your fiance was not free to marry, her 1st husband is still alive and they are still married.   Find him get him to file for divorce is your only option at this moment.    Once that is completed THEN you can file again.

[Hank_ 9,172]

2 hours ago, bigred6ft4 said:

Sorry yes you can appeal it says so right on the denial. TY for the input

Yes you can appeal ... but it is a waste of time & money.

Edited October 1, 2018 by Hank_

[Hank_ 9,172]

2 hours ago, bigred6ft4 said:

So the marriage should be terminated in the Philippines first where they got married?

To go that route takes years and about P500,000  + + +    for an annulment.  And yes that would be valid even in the USA.   The divorce option is still the best for the moment .. until the husband says NO.

[Hank_ 9,172]

2 hours ago, bigred6ft4 said:

I agree with all of you guys just trying to find a solution

Divorce ... in the USA, but you need the husband willing to do this.      It would be cool if he divorced her already, then you just need to find the divorce decree ...    (gotta dream)

[Hank_ 9,172]

1 hour ago, geowrian said:

Nope. PH can declare absolutely anything they want. The US can just ignore that declaration, though.

 

Edit:

Let me reverse it and provide an example.

PH does not have divorce (except a VERY limited circumstance). But one can divorce outside PH fine. PH will not recognize it, but the US will. Within PH you could arrested for bigamy for remarrying, whereas in the US the marriage is perfectly legal.

Divorce in a foreign country is recognized by the Philippines, after a court process.