total indifference to spousal persecution

[heartbroken 0]

I have no experience with RP but do you really think the passport control people when she is exiting will be able to put all this together?

truthfully no but it is a risk. And there is another rub. The kids have to be interviewed by the CHildren's Services people there before she will be allowed to take them out and the kids have only known one daddy and the name doesn't match up for sure.

My dear wife is scared to death to risk it. We may have to though.

And every time she has gone for a visit to her parents she was hassled trying to get back out even with multi entry visas on her passport from our host country.

[heartbroken 0]

My wife and I applied in May of 2007 to the CSC. We did the 129/130 route and like many filers are stuck in limbo.

Due to our marriage being in a country that does not have an embassy we were told that by law we have to use the nearby embassy at PNG.

I retained a lawyer here in the states and was told that these were taking 2 months, 3 at the most.

With that in mind I came home in May and filed the petitions.

At the first of August my wife's contract expired and she went to PNG from our orginal country to wait out what should have been one more month.

She had a visa and was staying with her brother. It was for 60 days

At the end of 60 days we still had no answer.

I contacted the local congressmans office and was reassured that they were only too happy to help.

Our situation is complicated in that she is Filipina. She obtained a legal divorce in the country we were staying in. Her husband had disappeared some time before. (3 years). She was granted full custody of the children.

We were legally marriedin March. I left in May.

By God's help we were able to extend her visa by thirty days. That brought us to the end of October.

We still did not have an approval. Her visa expired on the thirtieth of the month and she was allowed again by divine intervention to remain there for the last few weeks.

As of now, we are still not approved. She must leave for the Philippines in a week.

As the Philippines does not recognize her right to divorce then our marriage is not recognized. Therefore it is doubtful

I will ever get her here. She will not be able to leave the country on a K-3 obviously.

We pleaded with the CSC for an exception. We have done all we can. They simply do not care.

Thank you USCIS. I have now lost forever the woman of my dreams as well as the two children to whom I am the only father they have ever known.

Anybody with any advice or help would be appreciated.

I would contact an immigration attorney IMMEDIATELY and find out what the best step is. THERE HAS GOT TO BE SOME KIND OF SOLUTION BUT THIS IS TOO COMPLICATED FOR REGULAR PEOPLE. Call the phillipine embassy and find an attorney through the embassy. There has got to be a solution..

My wife and I applied in May of 2007 to the CSC. We did the 129/130 route and like many filers are stuck in limbo.

Due to our marriage being in a country that does not have an embassy we were told that by law we have to use the nearby embassy at PNG.

I retained a lawyer here in the states and was told that these were taking 2 months, 3 at the most.

With that in mind I came home in May and filed the petitions.

At the first of August my wife's contract expired and she went to PNG from our orginal country to wait out what should have been one more month.

She had a visa and was staying with her brother. It was for 60 days

At the end of 60 days we still had no answer.

I contacted the local congressmans office and was reassured that they were only too happy to help.

Our situation is complicated in that she is Filipina. She obtained a legal divorce in the country we were staying in. Her husband had disappeared some time before. (3 years). She was granted full custody of the children.

We were legally marriedin March. I left in May.

By God's help we were able to extend her visa by thirty days. That brought us to the end of October.

We still did not have an approval. Her visa expired on the thirtieth of the month and she was allowed again by divine intervention to remain there for the last few weeks.

As of now, we are still not approved. She must leave for the Philippines in a week.

As the Philippines does not recognize her right to divorce then our marriage is not recognized. Therefore it is doubtful

I will ever get her here. She will not be able to leave the country on a K-3 obviously.

We pleaded with the CSC for an exception. We have done all we can. They simply do not care.

Thank you USCIS. I have now lost forever the woman of my dreams as well as the two children to whom I am the only father they have ever known.

Anybody with any advice or help would be appreciated.

You need to find out what she has to do to get divorced in the Phillipines.. then you can always file a k1 again. YOU NEED AN ATTORNEY NOWWWWWWWWWWWWWWW

thanks. I am availing myself of all avenues. Does anyone have George Bush's private email ? lol

[heartbroken 0]

My wife and I applied in May of 2007 to the CSC. We did the 129/130 route and like many filers are stuck in limbo.

Due to our marriage being in a country that does not have an embassy we were told that by law we have to use the nearby embassy at PNG.

I retained a lawyer here in the states and was told that these were taking 2 months, 3 at the most.

With that in mind I came home in May and filed the petitions.

At the first of August my wife's contract expired and she went to PNG from our orginal country to wait out what should have been one more month.

She had a visa and was staying with her brother. It was for 60 days

At the end of 60 days we still had no answer.

I contacted the local congressmans office and was reassured that they were only too happy to help.

Our situation is complicated in that she is Filipina. She obtained a legal divorce in the country we were staying in. Her husband had disappeared some time before. (3 years). She was granted full custody of the children.

We were legally marriedin March. I left in May.

By God's help we were able to extend her visa by thirty days. That brought us to the end of October.

We still did not have an approval. Her visa expired on the thirtieth of the month and she was allowed again by divine intervention to remain there for the last few weeks.

As of now, we are still not approved. She must leave for the Philippines in a week.

As the Philippines does not recognize her right to divorce then our marriage is not recognized. Therefore it is doubtful

I will ever get her here. She will not be able to leave the country on a K-3 obviously.

We pleaded with the CSC for an exception. We have done all we can. They simply do not care.

Thank you USCIS. I have now lost forever the woman of my dreams as well as the two children to whom I am the only father they have ever known.

Anybody with any advice or help would be appreciated.

I understand you're heartbroken but if you want advice, we need some information. In what country were you married and in what country is "PNG"? Papua New Guinea?

K3 is the visa that would require the interview be in the Country of the marriage or the Consulate assigned to adjudicate cases in that country.

For a CR1 visa, you can interview in Manila. Whether PI recognizes your marriage or not is of no concern to the Manila Consulate, as long as the jurisdiction of divorce and remarriage recognizes it.

Why can't she go back to PNG, wherever that is, for the interview when the time comes?

there is a time limit to the amount of time you can spend there in a year from my understanding but I am beginning to question that this morning as the PNG (Papua New Guinea) embassy in Washington DC responded very kindly to my email asking about it so i am researching that. I think I answered your other questions in another reply to you but if I didnt I will repeat some here.

The divorce was according to British Common Law and is valid worldwide save 2 countries. Unfortunately Phils is one of those.

The marriage was legal and sanctoned and is legal worldwide.

So it is jurisdictionally (is that a word) legal and recognized and in fact was recognized by the US consulate in the country we were married in.

The problem is not with the USCIS in the Phils. It is with the laws there whereby they will not allow her out of the country on a K-3 or a K-1 visa.

The issue comes in whereby had the USCIS simply not slowed their activity on our petitions we would still be within the window.

I am not as hopeless today as yesterday but things are still bleak and I believe Thanksgiving is out and Christmas too.

Thanks

[payxibka 10,044]

thanks. I am availing myself of all avenues. Does anyone have George Bush's private email ? lol

As good as that sounds, in reality other than a friendly "nudge", the US government is powerless in this situation.

[heartbroken 0]

I retained a lawyer here in the states and was told that these were taking 2 months, 3 at the most.

Some lawyers lie a lot to get your business. There has been a time recently where a family visa only took 2 or 3 months.

Maybe a CR/IR DCF.

I'd jump all over your lawyers bones and get him to get cracking!

Well in his defense he didnt lie. They were taking about three months when we applied. the slowdown didn't start until April/May.

[payxibka 10,044]

I retained a lawyer here in the states and was told that these were taking 2 months, 3 at the most.

Some lawyers lie a lot to get your business. There has been a time recently where a family visa only took 2 or 3 months.

Maybe a CR/IR DCF.

I'd jump all over your lawyers bones and get him to get cracking!

Well in his defense he didnt lie. They were taking about three months when we applied. the slowdown didn't start until April/May.

really? I have been on this site for over a year.... I am not aware of a K-3 being 2-3 months at anytime....

[heartbroken 0]

I retained a lawyer here in the states and was told that these were taking 2 months, 3 at the most.

Some lawyers lie a lot to get your business. There has been a time recently where a family visa only took 2 or 3 months.

Maybe a CR/IR DCF.

I'd jump all over your lawyers bones and get him to get cracking!

Well in his defense he didnt lie. They were taking about three months when we applied. the slowdown didn't start until April/May.

really? I have been on this site for over a year.... I am not aware of a K-3 being 2-3 months at anytime....

perhaps my terminology is wrong. I am talking about the 129 approvals.

[payxibka 10,044]

Well that would be I-129f as an I-129 is for a nonimmigrant worker...

Again, it is simply my recollection, but I always remember K-3r's moaning about there petitions always taking longer than processing for petitions for K-1.... Certainly the USCIS never acknowledged processing times less than 6 mos. (they never will).

[pushbrk 12,221]

Of hand, it sounds like you got a divorce in some country that had no jurisdiction in the matter. Probably because you had no legal right to use the courts or something. It is my understanding that the P.I.'s recognize divorces in jurisdictions that had valid jurisdiction in the matter.

We were both residents there at the time and they subscribe to Britsh Common Law. Are you aware of any change in Philippine law that recognizes that ? I am asking that in an inquisitive way because I am clueless. It seems to be an evolving issue there. But actually a magistrate determined that the court there had jurisdicton and that is why we were allowed to proceed. It is my understanding that they will not but it seems to be changing all the time. That sure would be good news if true.

Thanks

Again, why do you think the US Consulate will care what the Philippine government thinks about her divorce in PNG? If your petition is approved by USCIS using the divorce records you supplied, the Philipine government really doesn't matter. You're dealing with US Government agencies for the visa.

I've asked you some very important questions that remain unanswered. Answering them will help us all to help you identify a solution to your problem.

Sorry about that. I am new to the forum format and have answered some of them in other responses.

You are correct. The US consulate there will not care. In fact it has no bearing.

The problem comes in when she tries to leave the country with the children and herself. If she has a K-3 visa stamp on her passport it is the customs and immigration people in the Philippines that will detain her.

This is where our fears arise. We didn't see it as an issue before becasue we were told that it would be a relatively short procedure

and at the time if you look at the visa journey site which I monitored both overseas and here before even marrying, it was indeed getting done at around the three month mark.

So as I previously answered perhaps in another reply, we felt that the K-3 route was the best way to go and that it could be done without having to worry about the archaic divorce laws there.

So on the heels of some advice that turned wrong only after May of 2007 and some bad decisions on our part obviously we find ourselves in this situation.

That is also why it is important to adjudicate in PNG because we could have avoided that whole scene.

At the least we can expect 4-6 months more delay in the Philippines but possibly even worse.

I hope that clarifies some.

Thanks

Ok, I'll try pulling teeth one more time.

Why can they not simply return to PNG for the K3 interview and leave from there? I know you said they were only allowed 60 days each year but it will be a new year in six weeks.

[heartbroken 0]

Of hand, it sounds like you got a divorce in some country that had no jurisdiction in the matter. Probably because you had no legal right to use the courts or something. It is my understanding that the P.I.'s recognize divorces in jurisdictions that had valid jurisdiction in the matter.

We were both residents there at the time and they subscribe to Britsh Common Law. Are you aware of any change in Philippine law that recognizes that ? I am asking that in an inquisitive way because I am clueless. It seems to be an evolving issue there. But actually a magistrate determined that the court there had jurisdicton and that is why we were allowed to proceed. It is my understanding that they will not but it seems to be changing all the time. That sure would be good news if true.

Thanks

Again, why do you think the US Consulate will care what the Philippine government thinks about her divorce in PNG? If your petition is approved by USCIS using the divorce records you supplied, the Philipine government really doesn't matter. You're dealing with US Government agencies for the visa.

I've asked you some very important questions that remain unanswered. Answering them will help us all to help you identify a solution to your problem.

Sorry about that. I am new to the forum format and have answered some of them in other responses.

You are correct. The US consulate there will not care. In fact it has no bearing.

The problem comes in when she tries to leave the country with the children and herself. If she has a K-3 visa stamp on her passport it is the customs and immigration people in the Philippines that will detain her.

This is where our fears arise. We didn't see it as an issue before becasue we were told that it would be a relatively short procedure

and at the time if you look at the visa journey site which I monitored both overseas and here before even marrying, it was indeed getting done at around the three month mark.

So as I previously answered perhaps in another reply, we felt that the K-3 route was the best way to go and that it could be done without having to worry about the archaic divorce laws there.

So on the heels of some advice that turned wrong only after May of 2007 and some bad decisions on our part obviously we find ourselves in this situation.

That is also why it is important to adjudicate in PNG because we could have avoided that whole scene.

At the least we can expect 4-6 months more delay in the Philippines but possibly even worse.

I hope that clarifies some.

Thanks

Ok, I'll try pulling teeth one more time.

Why can they not simply return to PNG for the K3 interview and leave from there? I know you said they were only allowed 60 days each year but it will be a new year in six weeks.

lol sorry.

that may be a viable option. I am researching that. If it is based on a calendar year we can quite possibly do this. That would be a wonderful turn of events. I f the year runs from the date of your last visit however we could have a problem. As I said I am a little less hopeless today than yesterday. If indeed they can return in 6 weeks then hope will resurface. Again, sorry if I am not quite familiar with the forum protocols yet. I emailed the PNG embassy here in the states and they responded very kindly and I am now getting a verification from them. That indeed may be the case.

[Dakine 26]

You may want to check and see what CFO has to say about the foriegn divorce.

They represent the Philippine government and may not except it.

Wife and kids can't leave PI without CFO approval.

As you mentioned! DSWD may come into play also.

I'm not being negative just trying to help in case this ####### should pop up later.

Edited November 16, 2007 by Haole

[heartbroken 0]

You may want to check and see what CFO has to say about the foriegn divorce.

They represent the Philippine government and may not except it.

Wife and kids can't leave PI without CFO approval.

As you mentioned! DSWD may come into play also.

I'm not being negative just trying to help in case this ####### should pop up later.

Thanks.

I don't see it as negative. This is what we have been fearing. And I am sure that these things will come into play. What is CFO ?

[pushbrk 12,221]

Of hand, it sounds like you got a divorce in some country that had no jurisdiction in the matter. Probably because you had no legal right to use the courts or something. It is my understanding that the P.I.'s recognize divorces in jurisdictions that had valid jurisdiction in the matter.

We were both residents there at the time and they subscribe to Britsh Common Law. Are you aware of any change in Philippine law that recognizes that ? I am asking that in an inquisitive way because I am clueless. It seems to be an evolving issue there. But actually a magistrate determined that the court there had jurisdicton and that is why we were allowed to proceed. It is my understanding that they will not but it seems to be changing all the time. That sure would be good news if true.

Thanks

Again, why do you think the US Consulate will care what the Philippine government thinks about her divorce in PNG? If your petition is approved by USCIS using the divorce records you supplied, the Philipine government really doesn't matter. You're dealing with US Government agencies for the visa.

I've asked you some very important questions that remain unanswered. Answering them will help us all to help you identify a solution to your problem.

Sorry about that. I am new to the forum format and have answered some of them in other responses.

You are correct. The US consulate there will not care. In fact it has no bearing.

The problem comes in when she tries to leave the country with the children and herself. If she has a K-3 visa stamp on her passport it is the customs and immigration people in the Philippines that will detain her.

This is where our fears arise. We didn't see it as an issue before becasue we were told that it would be a relatively short procedure

and at the time if you look at the visa journey site which I monitored both overseas and here before even marrying, it was indeed getting done at around the three month mark.

So as I previously answered perhaps in another reply, we felt that the K-3 route was the best way to go and that it could be done without having to worry about the archaic divorce laws there.

So on the heels of some advice that turned wrong only after May of 2007 and some bad decisions on our part obviously we find ourselves in this situation.

That is also why it is important to adjudicate in PNG because we could have avoided that whole scene.

At the least we can expect 4-6 months more delay in the Philippines but possibly even worse.

I hope that clarifies some.

Thanks

Ok, I'll try pulling teeth one more time.

Why can they not simply return to PNG for the K3 interview and leave from there? I know you said they were only allowed 60 days each year but it will be a new year in six weeks.

lol sorry.

that may be a viable option. I am researching that. If it is based on a calendar year we can quite possibly do this. That would be a wonderful turn of events. I f the year runs from the date of your last visit however we could have a problem. As I said I am a little less hopeless today than yesterday. If indeed they can return in 6 weeks then hope will resurface. Again, sorry if I am not quite familiar with the forum protocols yet. I emailed the PNG embassy here in the states and they responded very kindly and I am now getting a verification from them. That indeed may be the case.

I don't think any forum protocols really come into play. It's just a message board. You asked for help and I asked you several questions I needed answered in able to comply with your request. I couldn't help without the answers to the questions.

I am not familiar with the requirements for your wife and her children to leave the PI but I took it they had already done so once. If they could go to PNG once and PNG says they can come again then I don't see your visa process as having any impact in the PI. They'll go just as they did before and then when the visas are in hand, they fly to the US from PNG.

[heartbroken 0]

Of hand, it sounds like you got a divorce in some country that had no jurisdiction in the matter. Probably because you had no legal right to use the courts or something. It is my understanding that the P.I.'s recognize divorces in jurisdictions that had valid jurisdiction in the matter.

We were both residents there at the time and they subscribe to Britsh Common Law. Are you aware of any change in Philippine law that recognizes that ? I am asking that in an inquisitive way because I am clueless. It seems to be an evolving issue there. But actually a magistrate determined that the court there had jurisdicton and that is why we were allowed to proceed. It is my understanding that they will not but it seems to be changing all the time. That sure would be good news if true.

Thanks

Again, why do you think the US Consulate will care what the Philippine government thinks about her divorce in PNG? If your petition is approved by USCIS using the divorce records you supplied, the Philipine government really doesn't matter. You're dealing with US Government agencies for the visa.

I've asked you some very important questions that remain unanswered. Answering them will help us all to help you identify a solution to your problem.

Sorry about that. I am new to the forum format and have answered some of them in other responses.

You are correct. The US consulate there will not care. In fact it has no bearing.

The problem comes in when she tries to leave the country with the children and herself. If she has a K-3 visa stamp on her passport it is the customs and immigration people in the Philippines that will detain her.

This is where our fears arise. We didn't see it as an issue before becasue we were told that it would be a relatively short procedure

and at the time if you look at the visa journey site which I monitored both overseas and here before even marrying, it was indeed getting done at around the three month mark.

So as I previously answered perhaps in another reply, we felt that the K-3 route was the best way to go and that it could be done without having to worry about the archaic divorce laws there.

So on the heels of some advice that turned wrong only after May of 2007 and some bad decisions on our part obviously we find ourselves in this situation.

That is also why it is important to adjudicate in PNG because we could have avoided that whole scene.

At the least we can expect 4-6 months more delay in the Philippines but possibly even worse.

I hope that clarifies some.

Thanks

Ok, I'll try pulling teeth one more time.

Why can they not simply return to PNG for the K3 interview and leave from there? I know you said they were only allowed 60 days each year but it will be a new year in six weeks.

lol sorry.

that may be a viable option. I am researching that. If it is based on a calendar year we can quite possibly do this. That would be a wonderful turn of events. I f the year runs from the date of your last visit however we could have a problem. As I said I am a little less hopeless today than yesterday. If indeed they can return in 6 weeks then hope will resurface. Again, sorry if I am not quite familiar with the forum protocols yet. I emailed the PNG embassy here in the states and they responded very kindly and I am now getting a verification from them. That indeed may be the case.

I don't think any forum protocols really come into play. It's just a message board. You asked for help and I asked you several questions I needed answered in able to comply with your request. I couldn't help without the answers to the questions.

I am not familiar with the requirements for your wife and her children to leave the PI but I took it they had already done so once. If they could go to PNG once and PNG says they can come again then I don't see your visa process as having any impact in the PI. They'll go just as they did before and then when the visas are in hand, they fly to the US from PNG.

Believe it or not I am not even familiar with message boards.

However, I am thinking you are right. I have an email in to clarify PNG position on visitors and that may well be what we wind up doing. I am praying that it will be on the calendar year basis. It is very difficult for PI citizens to get out and in many countries they are severely discriminated against. I did not realize how much until I met my wife.

However your idea is a sound one and although it would have to be a variant of the theme I believe that would work.

Thanks for the input My hopelessness is slowly decreasing and my mind is beginning to click again at least a bit

[MsZ 6]

Why does she have to return to either place? Can't she go to a third country for the time being?