Jump to content

jae&marianne

Members
  • Posts

    88
  • Joined

  • Last visited

Reputation Activity

  1. Sad
    jae&marianne got a reaction from edzluvs1 in CR1 with Sharia Divorce Refusal   
    Thank you everyone for your kind words. Until now it has not totally sank in with everything that has happened. if this was the case they should have denied us already during the USCIS phase.
    I remembered I had an RFE for proof of termination of first marriage. I complied with every documentation, then they approved us. Why allow me and my children to go through this whole process of spending extra money for everything and on the end point just drop the bomb on us? My husband petitioned four of us, we had a joint sponsor, but most of the expenses was shouldered by my family with the goal of unity for all us.
    I really do not know to think for now, all i have is a white letter with 212 on it. The paralegal my husband hired told me that I was a victim of technicalities. He wants my husband to write a letter and just to let them know how tormenting the whole process was. An easy denial from the start would be an easy one than having to go through the medical exam phase plus the expenses.
    I had to admit, the system here in the Philippines really sucks big time ...
  2. Like
    jae&marianne got a reaction from Cal & Chat in From NVC expedited to US Embassy Manila   
    Hello
    You might want to check the links below :
    http://boureypeatnut.weebly.com/expedite.html
    http://ustraveldocs.com/ph/ph-iv-expeditedappointment.asp
    And you can also check on the Public Inquiry form at NVC's website on how to expedite your case.
  3. Like
    jae&marianne got a reaction from Penguin_ie in CR1 with Sharia Divorce Refusal   
    Hi All,
    I was able to retrieve an explanation on the US Embassy's stand on SHARIA Divorce ( through conversion ) here in the Philippines. Hope this may help other's who are in the same pathway as mine. To correct what needs to be corrected along the process :
    9 FAM 102.3 states that the "underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls." In the Philippines, a marriage under the Civil Code of the Philippines may only be terminated through annulment, being declared void ab initio, or through the death or legally presumed death of a spouse.
    However, the Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. Article 13 of the MPL states, in relevant part:
    (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.
    (2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.
    Philippine law does not recognize the validity of the applicant’s Sharia divorce because the Family Code is the first or sole legal basis of her underlying marriage. In this case, following the 2009 civil marriage, the applicant’s spouse subsequently converted to Islam and obtained a divorce under Sharia (Islamic law). Even if a Sharia court accepted and adjudicated the petition for divorce, its decision is not legally binding because the applicant and ******* did not marry in accordance with Muslim law or the MPL. Consequently, the applicant was not free to enter into marriage in 2015 and therefore, does not qualify for the CR1 visa category being sought.
    For those who are still or haven't finalize their petitions yet, no other way but the civil annulment ...
  4. Like
    jae&marianne got a reaction from Cyberfx1024 in CR1 with Sharia Divorce Refusal   
    Hi All,
    I was able to retrieve an explanation on the US Embassy's stand on SHARIA Divorce ( through conversion ) here in the Philippines. Hope this may help other's who are in the same pathway as mine. To correct what needs to be corrected along the process :
    9 FAM 102.3 states that the "underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls." In the Philippines, a marriage under the Civil Code of the Philippines may only be terminated through annulment, being declared void ab initio, or through the death or legally presumed death of a spouse.
    However, the Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. Article 13 of the MPL states, in relevant part:
    (1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.
    (2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.
    Philippine law does not recognize the validity of the applicant’s Sharia divorce because the Family Code is the first or sole legal basis of her underlying marriage. In this case, following the 2009 civil marriage, the applicant’s spouse subsequently converted to Islam and obtained a divorce under Sharia (Islamic law). Even if a Sharia court accepted and adjudicated the petition for divorce, its decision is not legally binding because the applicant and ******* did not marry in accordance with Muslim law or the MPL. Consequently, the applicant was not free to enter into marriage in 2015 and therefore, does not qualify for the CR1 visa category being sought.
    For those who are still or haven't finalize their petitions yet, no other way but the civil annulment ...
  5. Like
    jae&marianne got a reaction from kc_03 in How to check if physical case file has been received by Manila USEM already?   
    Hi!
    You can call them through here : 703-520-2235 ( if your calling from the US ) In my case I used Magic App . If you need the local numbers (from Manila itself) you may find at the website
×
×
  • Create New...