Best divorce strategy for my currently married/separated Filipina girlfriend

[aaron2020 11,651]

50 minutes ago, Ugly_American said:

Thanks. 

 

I found an article/website about Guam. This may or may not still be viable, but it seems like a few weeks in Guam might work, provided there was some sort of documented agreement between both spouses about custody of the child and other affairs:

 

http://guamdivorce.us/

From your link:  "A Guam divorce may be a quick and inexpensive alternative for couples who are in agreement to the terms of the divorce and who do not wish to spend the time or money to obtain a divorce in the area they normally reside or travel back to their home State." 

 

Hubby is missing so there is no way for him to agree to the terms of the divorce.  

Quickie Guam divorce would only work for a couple that has an agreement to the terms of the divorce.  This means, both have to participate.  A missing party is not going to work.  

[aaron2020 11,651]

2 hours ago, Ugly_American said:

 I looked up residence requirements for divorce in nearby Nevada:

”At least one of the parties in a Nevada divorcemust have resided in Nevada for a minimum of six-weeks before filing a divorce. The Court requires proof of your residencyin the form of an Affidavit of Resident Witness.”

 

in theory she could live six weeks in Nevada and then get divorced. However I don’t know if a tourist visa can last that long. Surely someone on this site must have successfully navigated these waters before. 

Does she currently have a visitor visa?  If she doesn't, it's going to be a miracle for her to get one.

 

Also, visitor visa holders don't reside in the US.  They are considered to reside in their foreign homes and just visiting the US.  

 

She could live six weeks in Nevada, but she would not be a resident.  It would be a violation of her visitor visa to take up residency in the US.  

 

Annulment in the PI is the only successful way to navigate these waters.

Edited March 25, 2019 by aaron2020

[geowrian 22,335]

10 minutes ago, aaron2020 said:

Second, divorces are not recognized in the PI if it's initiated by the PI citizen.  She would still be considered married in the PI  (I think.)

This changed in 2018, per a supreme court ruling. Who initiates the divorce doesn't matter now.

https://www.philstar.com/headlines/2018/04/24/1809011/sc-philippine-courts-now-recognize-divorce-obtained-filipino-foreign-spouse

 

10 minutes ago, aaron2020 said:

Get an annulment in the PI.  That is the ONLY WAY for her to become single.  

If she obtains residency elsewhere, she could divorce there and that would qualify for US immigration purposes. Not an immediate solution, but it is an option.

 

@OP

Be wary of any place that claims to offer a divorce without at least residency or agreement among both parties. The US may not recognize any such divorce due to lacking due process (among other issues)...making things more complicated, not simpler.

[aaron2020 11,651]

2 minutes ago, geowrian said:

This changed in 2018, per a supreme court ruling. Who initiates the divorce doesn't matter now.

https://www.philstar.com/headlines/2018/04/24/1809011/sc-philippine-courts-now-recognize-divorce-obtained-filipino-foreign-spouse

 

If she obtains residency elsewhere, she could divorce there and that would qualify for US immigration purposes. Not an immediate solution, but it is an option.

 

@OP

Be wary of any place that claims to offer a divorce without at least residency or agreement among both parties. The US may not recognize any such divorce due to lacking due process (among other issues)...making things more complicated, not simpler.

Thank you for the Supreme Court link.

 

Probably easier to file for an annulment in the PI than trying to get residency in another country just to file for divorce.  How would the son emigrate from the PI to another country to get residency without the father's consent and her not having full custody?  

 

Child custody is the BIG ISSUE here.  What court would have the legal authority to decide the custody of a child living in the PI who is a PI citizen and the father is in the PI.  ONLY the PI can deal with this.  

[aaron2020 11,651]

2 hours ago, Ugly_American said:

Why? Would this be beneficial? If anything might he not try blocking the divorce for some reason?

The court is going to make her try to find him.   There's going to be a legal requirement to serve him so that he's aware of the court proceedings.  The court is going to demand a good faith effort.   

The court would not allow her to come in and then let her get a divorce without notifying him.  Generally, the court likes to see both parties so things can be settled.  They aren't going to let her pull a fast one on him by divorcing him without trying to find him to serve him.  

[payxibka 10,044]

42 minutes ago, aaron2020 said:

The court is going to make her try to find him.   There's going to be a legal requirement to serve him so that he's aware of the court proceedings.  The court is going to demand a good faith effort.   

The court would not allow her to come in and then let her get a divorce without notifying him.  Generally, the court likes to see both parties so things can be settled.  They aren't going to let her pull a fast one on him by divorcing him without trying to find him to serve him.  

Notification of the father is the least of her worries.   Divorce in absentia is common, typically a posting or postings in a newspaper in the last known area of residence will suffice

[Ugly_American 11]

3 hours ago, aaron2020 said:

From your link:  "A Guam divorce may be a quick and inexpensive alternative for couples who are in agreement to the terms of the divorce and who do not wish to spend the time or money to obtain a divorce in the area they normally reside or travel back to their home State." 

 

Hubby is missing so there is no way for him to agree to the terms of the divorce.  

Quickie Guam divorce would only work for a couple that has an agreement to the terms of the divorce.  This means, both have to participate.  A missing party is not going to work.  

I agree with your assessment. At this point Guam appears the best (quickest/cheapest) solution provided 1) the father has supplied some sort of legal document signifying agreement to the divorce and custody arrangement, and 2) She is able to obtain a visa to visit Guam for a couple weeks. 

 

Outside of this I don’t think any option exists other than a very lengthy and costly legal case within the Philippines. 

 

It’s ironic how laws which were created to support families only appear to weaken that structure, because many men simply move out of the house and abandon multiple wives and girlfriends, leaving them the full burden of raising the kids. And pity the wives who are left entangled in a costly legal limbo from which escape is nearly impossible. In fact, when starting a family, you’re much better off not getting married there when considering the advatages and disadvantages. Some day these laws will surely change. They’re profoundly unfair to the women and children of the Philippines while also enabling men to be weak and irresponsible. At least if divorce were possible, custody arrangements and child support would be established to hold the roaming men accountable in each child-bearing relationship. 

Edited March 25, 2019 by Ugly_American
Typo

[Ate 180]

6 hours ago, Ugly_American said:

My girlfriend is a 38 year old certified school teacher with 17 years experience working at this profession. She has supported her family from a young age. Her English is very good and having successfully gone through the K-1 process with my ex I’m confident that my girlfriend can obtain a tourist visa. My thought is that she could come visit me in the US and obtain a divorce here. Then she could return to the Philippines and I could either travel there and marry her or simply apply for a K-1.

 

I suggest you ask your girlfriend to try for a tourist visa first, if only to clear (or rule out) a step in your plan for a US divorce.  I don't share your confidence in her chances for getting a tourist visa as teaching in the Philippines is not known as a particularly high-paying profession that could be considered a compelling reason to return.  But no one here can tell for sure what her chances are.  The only way for her to find out is to apply.

 

Others have already advised you regarding your girlfriend's divorce options.  Let me just add that even if she is somehow successful in getting a divorce abroad, she would still need to go through legal proceedings to have her divorce recognized if she wants to be free to marry again in the Philippines.  For immigrating and marrying in the US, she may not be required to obtain Philippine recognition for her divorce, but her future marriage to you would be considered bigamous in her home country.

 

[Hank_ 9,173]

6 hours ago, Ugly_American said:

I’ve used this site in the past for successfully marrying my now ex-wife. Everything is fine and both she and I are doing fine with a lovely son with whom we share costody here in the US. Honestly, she’s very smart, a great mother, and a hard working nurse. I have no complaints. 

 

Now I’m back here for advice again, and yes, another Filipina. What can I say? I have a love of the culture there. This time however, it’s a bit more complicated. 

 

My current girlfriend was married 8 years ago and has a 6 year old boy. Three years ago her husband abandoned her and the boy and hasn’t been heard from since. The biggest problem is that divorce is difficult in the Philippines. 

 

My questions are:

 

1). What is the quickest and least expensive way to obtain a divorce? My girlfriend is a 38 year old certified school teacher with 17 years experience working at this profession. She has supported her family from a young age. Her English is very good and having successfully gone through the K-1 process with my ex I’m confident that my girlfriend can obtain a tourist visa. My thought is that she could come visit me in the US and obtain a divorce here. Then she could return to the Philippines and I could either travel there and marry her or simply apply for a K-1. This seems the quickest and simplest way to deal with the divorce issue. I’ve read stories of people spending $10k-$40k on legal fees while trying to obtain an annulment in the Philippines. And also it may require 1-4 years.  I don’t have the money or patience for that. Flying her here on a tourist visa sounds so much better. Has anyone here done this?

 

2). Once divorced (assuming we did it in the US) would it be better to marry her here right after the divorce and then have her return to the Philippines to properly file an  IR-1 / CR-1 Visa or would it be better to send her back as my fiancé and file for a K-1? I read the pluses and minuses section of this web site. I think the  IR-1 / CR-1 Visa is less expensive and in theory if we married she could fly to the Philippines after married and return somewhat soon. This seems almost better because she would be here with me during the processing (right?), however a K-1 fiance visa would get processed faster. 

 

Thanks for any advice or insight. my most important concern isn’t the cost of the varying USCIS forms, but mostly that she be able to live here with me sooner than later. 

 

Thanks!

 

 

 

Divorce isn't possible in the Philippines.  A foreign divorce is recognized in the Philippines (but that part isn't necessary for the visa process).   

 

I will be impressed if your girlfriend can get a tourist visa.    (this is almost in the "rub a lamp" category)

 

IR/CR-1 is less expensive, and the K-1 is a little quicker.  But you are still betting on getting the tourist visa.

 

A foreign divorce is your only option if you want to avoid the annulment process.  If the tourist visa doesn't happen then maybe look at a foreign country that has short residency requirements for a divorce there.   Unless you can then get married in that foreign country the K-1 is your only option.

 

 

 

[Hank_ 9,173]

10 minutes ago, Ate said:

 

I suggest you ask your girlfriend to try for a tourist visa first, if only to clear (or rule out) a step in your plan for a US divorce.  I don't share your confidence in her chances for getting a tourist visa as teaching in the Philippines is not known as a particularly high-paying profession that could be considered a compelling reason to return.  But no one here can tell for sure what her chances are.  The only way for her to find out is to apply.

 

Others have already advised you regarding your girlfriend's divorce options.  Let me just add that even if she is somehow successful in getting a divorce abroad, she would still need to go through legal proceedings to have her divorce recognized if she wants to be free to marry again in the Philippines.    For immigrating and marrying in the US, she may not be required to obtain Philippine recognition for her divorce, but her future marriage to you would be considered bigamous in her home country.

 

 

For the visa process the divorce does NOT need to be recognized by the Philippines.

[Ate 180]

Just now, Hank_ said:

 

For the visa process the divorce does NOT need to be recognized by the Philippines.

 

Please note I said "if she wants to be free to marry again in the Philippines".  Her foreign divorce definitely needs to be recognized if marrying in the Philippines is their plan.

 

[nastra30 1,984]

How will divorce (anywhere) settle the child custody situation in the Philippines? I assume OP is trying to petition for child as well? Knowledge holders, chime in.

[payxibka 10,044]

22 minutes ago, Ugly_American said:

I agree with your assessment. At this point Guam appears the best (quickest/cheapest) solution provided 1) the father has supplied some sort of legal document signifying agreement to the divorce and custody arrangement, and 2) She is able to obtain a visa to visit Guam for a couple weeks. 

To visit Guam requires a US Visa.  May not be the best choice as Visa issuance is not likely that easy.  I would look at other countries such as HK, South Korea,  etc..  as they may be a much better option than Guam 

[payxibka 10,044]

Just now, nastra30 said:

How will divorce (anywhere) settle the child custody situation in the Philippines? I assume OP is trying to petition for child as well? Knowledge holders, chime in.

It will be settled in accordance to Philippines law.  When it comes to custody,  mom's rule in the Philippines 

[Hank_ 9,173]

25 minutes ago, Ugly_American said:

I agree with your assessment. At this point Guam appears the best (quickest/cheapest) solution provided 1) the father has supplied some sort of legal document signifying agreement to the divorce and custody arrangement, and 2) She is able to obtain a visa to visit Guam for a couple weeks. 

 

Outside of this I don’t think any option exists other than a very lengthy and costly legal case within the Philippines. 

 

It’s ironic how laws which were created to support families only appear to weaken that structure, because many men simply move out of the house and abandon multiple wives and girlfriends, leaving them the full burden of raising the kids. And pity the wives who are left entangled in a costly legal limbo from which escape is nearly impossible. In fact, when starting a family, you’re much better off not getting married there when considering the advatages and disadvantages. Some day these laws will surely change. They’re profoundly unfair to the women and children of the Philippines while also enabling men to be weak and irresponsible. At least if divorce were possible, custody arrangements and child support would be established to hold the roaming men accountable in each child-bearing relationship. 

 

Everyone seems to be skipping over something .. Guam is a U.S. territory .. Visa is required and the requirements are about the same as for the USA

 

 

https://www.visitguam.com/about-guam/entry-and-exit-formalities/

8 minutes ago, Ate said:

 

Please note I said "if she wants to be free to marry again in the Philippines".  Her foreign divorce definitely needs to be recognized if marrying in the Philippines is their plan.

 

That isn't in the OPs plan