Best divorce strategy for my currently married/separated Filipina girlfriend

[Boiler 43,519]

Something else as I think I was coming off too hard about married GF's in PI, you will come across cases elsewhere where there is divorce, but the potential immigrant has criminal or immigration issues which means they can not come to the US ever, time or money irrelevant.

 

For example you may see 9C, which is a 5 year ban and they you can submit a waiver. I guess I see this in a similar category and something to consider before you go further.

[Ugly_American 11]

1 hour ago, Boiler said:

Something else as I think I was coming off too hard about married GF's in PI, you will come across cases elsewhere where there is divorce, but the potential immigrant has criminal or immigration issues which means they can not come to the US ever, time or money irrelevant.

 

For example you may see 9C, which is a 5 year ban and they you can submit a waiver. I guess I see this in a similar category and something to consider before you go further.

Thanks. This won’t apply, but good to know 

[dnavinnie 132]

On ‎3‎/‎24‎/‎2019 at 10:10 PM, 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!

 

 

I haven't read all of the comments but I do have some experience with this. First, I have observed at least 3 girls that have been denied travel visas from the Philippines. It is extremely rare. Second, it matters what religion the marriage was under. For example a Muslim marriage can use a divorce but a Catholic marriage needs a lengthy annulment process. Third, if you decide to marry in the Philippines or bring her here thru K1 she needs to be sure her son can come with her. I hope this helps.

[AmerFila 10]

Your assumption of the divorce in the US is correct provided that she was married to a citizen of the US.  My wife was in a similar situation when we decided we wanted to file.  My wife was married to an American who also just stopped communicating with her and abandoned her. After multiple attempts she able to get in contact with him again and they started to converse about a divorce.  He wanted her to sign papers for an annulment because he thought it would be cheaper for him.  I consulted an immigration attorney and was told that the US divorce was the best rout to take.  Even if the Philippines didn't recognize the divorce the US would and that was all that mattered for now.   I then looked up the forms in the US she needed to file for the county he lived in and sent them to her.  She sent them to her ex to fill out and file.  (He had to be the one to file because at the time if the filipina filed it would not be recognized.  I have heard that there was some change to the law but if I were you I would research it first.)  They got their divorce and i requested a couple of copies (one for her records and one for our K-1 Packet).  She is here in the US with me now.  She has been here in the US for about 5 years and is still on the books as being married in the Philippines to her ex.  We have to file to have the divorce recognized in the Philippines (which is another process).  According to the Philippine family code that any divorce awarded to a foreigner that gives them freedom from the marriage then that divorce will also be recognized in the Philippines.  I know this is long but i hope it helps.  

[Carpe Vinum 2,310]

On 3/25/2019 at 5:11 PM, Ugly_American said:

Message received from earlier point and now this: Go find a different girl, one who is single or unmarried. 

Just be careful. Some are not transparent on this issue)))

[HappyDiane 1]

There is no divorce process in Philippines. The only way to terminate a marriage in Philippines is to file for an annulment.  This can take years or less depending if theres no contention from either parties. If the ex-spouse can no longer be contacted annullment can proceed on the basis of years of abandonment.

 

US consulate in Manila requires fiance or spousal visa application for  original copy of Certificate of No Marriage from  Philippines Statistics Authority (PSA) and this can only be issued by PSA if such is the current legal status of the beneficiary. 

 

 

[Hank_ 9,173]

Yup ... old news.     ..

 

 

[aaron2020 11,651]

On 3/29/2019 at 11:36 PM, AmerFila said:

Your assumption of the divorce in the US is correct provided that she was married to a citizen of the US.  My wife was in a similar situation when we decided we wanted to file.  My wife was married to an American who also just stopped communicating with her and abandoned her. After multiple attempts she able to get in contact with him again and they started to converse about a divorce.  He wanted her to sign papers for an annulment because he thought it would be cheaper for him.  I consulted an immigration attorney and was told that the US divorce was the best rout to take.  Even if the Philippines didn't recognize the divorce the US would and that was all that mattered for now.   I then looked up the forms in the US she needed to file for the county he lived in and sent them to her.  She sent them to her ex to fill out and file.  (He had to be the one to file because at the time if the filipina filed it would not be recognized.  I have heard that there was some change to the law but if I were you I would research it first.)  They got their divorce and i requested a couple of copies (one for her records and one for our K-1 Packet).  She is here in the US with me now.  She has been here in the US for about 5 years and is still on the books as being married in the Philippines to her ex.  We have to file to have the divorce recognized in the Philippines (which is another process).  According to the Philippine family code that any divorce awarded to a foreigner that gives them freedom from the marriage then that divorce will also be recognized in the Philippines.  I know this is long but i hope it helps.  

OP's girlfriend lives in the PI.  Her missing spouse is in the PI.  They both live in the PI.  There is no one qualified to file a divorce abroad.  Your situation was very different since there was a US citizen living in the US filing a US divorce.  

[Hank_ 9,173]

.. sort of.

 

I know of a Filipino couple that were divorced in Singapore, woman was an OFW thus met the residency requirement .. the rest is history. 

 

The divorce wasn't valid to be recognized in the Philippines, but it worked just fine for the woman to get a U.S. visa.