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bigred6ft4

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About bigred6ft4

  • Rank
    Junior Member
  • Member # 264671

Profile Information

  • City
    Marietta
  • State
    Georgia

Immigration Info

  • Immigration Status
    K-1 Visa
  • Place benefits filed at
    National Benefits Center
  • Local Office
    Atlanta GA
  • Country
    Philippines

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  1. thanks and no i did not but I have been reading all the info on all the sights and I was under the impression I had to Waite for the NVC to send the packet to Malina and then my future wife will get a letter in the mail telling her what to do next so if you don't mind please just give me a step by step what i should do now. the case of beer is waiting on you 🙂 like i said as of now I sent the my fiancee the i-129 copy. also sent her the form i-134 with all supporting documents we just got online together and filled out the ds-160 and got the confirmation page printed out. when I do a visa check it says at NVC. so now should we pay the fee and schedule a medical even though the manila still has not got the paperwork from NVC? sorry for being a pain
  2. hay hank I deleted the other conversation but did not understand what you were saying. I filed the i-129f and was sent a approval letter then I called nvc twice and got the case number and the invoice ID so now do I just Waite for the letter from NVC? we did fill out the ds-160 form already and got the confirmation page printed out
  3. Either way it should not matter seeing as his daughter is 24 or 25 now
  4. yes he is on birth cit but there was a divorce done here in the us and that was all covered
  5. Thanks for the read I am going trough some of that hell myself filed my second i-129f back in April just got approved now awaiting on the interview and getting paperwork ready its been 2.8 years since we meet and I have been to see her 4 times almost home god willing wew
  6. Hello to anyone who commented on this post just giving a update I contacted the ex and he did go trough with a divorce and it is final reapplied for the k-1 and was approved now waiting on the next step yayyy its been a long trip and almost there.
  7. Hello all just a update To fix this we need to do a annulment in the Philippines then it will be over it will take a while but so be it. Thanks for all the comments and thoughts It will take about a year for the annulment and another year for the I-129f and of course some cash but god is good and there is no timeline when you love someone. So the process will start soon🙂
  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.
  9. Yes Ben thanks I know its going to be a pain its been over 20 years since the marriage.
  10. Thanks geowrian I will have to figure it out Will keep you guys posted I am meeting a good lawyer next week and go from there
  11. When can you ask for a decree of presumptive death for purposes of remarriage? 1. 4 years after disappearance 2. 2 years if the circumstances fall under Article 391 Under these rules on presumptive death, there is no need for a court decree. The mere running of the period raises the presumption of death. However, for purposes of remarriage, a summary proceeding is required under Article 41 of the Family Code. Otherwise, the subsequent marriage is void. The rule governing declaration of presumptive death is found under Article 41 of the Family Code of the Philippines. The provision of law provides: “A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is a danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.” The four essential requisites for the declaration of presumptive death were enumerated as follows by the Supreme Court in the case entitled, Republic of the Philippines vs. Cantor (G.R.No.184621, December 10, 2013; ponente, former Associate Justice Arturo Brion): “1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code; 2. That the present spouse wishes to remarry; 3. That the present spouse has a well-founded belief that the absentee is dead; and 4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.”
  12. they were married in the Philippines.
  13. I agree with all of you guys just trying to find a solution
  14. Civil Code of the Philippines :Presumptive Death attykalibre Civil Code Of the Philippines 13 February 2017 Hits: 3808 a. Ordinary Presumptive Death (Article 390) Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession. The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. 1. If absentee is 75 or below 7 years – for all purposes except succession 10 years - for succession 2. If absentee is over 75 years old 5 years for all purposes b. Qualified Presumptive Death (Article 391) Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs: (1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane; (2) A person in the armed forces who has taken part in war, and has been missing for four years; (3) A person who has been in danger of death under other circumstances and his existence has not been known for four years. Person on board a vessel lost during a sea voyage, missing airplane , person in the armed forces who has taken part in war, a person who has been in danger of death under other circumstances and his existence is not known. General Rule: 4 years for all purposes Exception: 2 years for purposes of remarriage (Article 41, Family Code) Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse. When can you ask for a decree of presumptive death for purposes of remarriage? 1. 4 years after disappearance 2. 2 years if the circumstances fall under Article 391 Under these rules on presumptive death, there is no need for a court decree. The mere running of the period raises the presumption of death. However, for purposes of remarriage, a summary proceeding is required under Article 41 of the Family Code. Otherwise, the subsequent marriage is void. The rule governing declaration of presumptive death is found under Article 41 of the Family Code of the Philippines. The provision of law provides: “A marriage contracted by any person during the subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present had a well-founded belief that the absent spouse was already dead. In case of disappearance where there is a danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient. For the purpose of contracting the subsequent marriage under the preceding paragraph, the spouse present must institute a summary proceeding as provided in this code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse.” The four essential requisites for the declaration of presumptive death were enumerated as follows by the Supreme Court in the case entitled, Republic of the Philippines vs. Cantor (G.R.No.184621, December 10, 2013; ponente, former Associate Justice Arturo Brion): “1. That the absent spouse has been missing for four consecutive years, or two consecutive years if the disappearance occurred where there is danger of death under the circumstances laid down in Article 391, Civil Code; 2. That the present spouse wishes to remarry; 3. That the present spouse has a well-founded belief that the absentee is dead; and 4. That the present spouse files a summary proceeding for the declaration of presumptive death of the absentee.” In the case entitled Republic of the Philippines vs. Orcelino-Villanueva (G.R. 210929, July 29, 2015; ponente, Associate Justice Marvic Leonen), the Supreme Court ruled: “The well-founded belief in the absentee’s death requires the present spouse to prove that his/her belief was the result of diligent and reasonable efforts to locate the absent spouse and that based on these efforts and inquiries, he/she believes that under the circumstances, the absent spouse is already dead. It necessitates exertion of active effort (not a mere passive one). Mere absence of the spouse (even beyond the period required by law), lack of any news that the absentee spouse is still alive, mere failure to communicate or general presumption of absence under the Civil Code would not suffice. The premise is that Article 41 of the Family Code places upon the present spouse the burden of complying with the stringent requirement of “well-founded belief” which can only be discharged upon a showing of proper and honest-to-goodness inquiries and efforts to ascertain not only the absent spouse’s whereabouts but, more important, whether the absent spouse is still alive or is already dead.”
  15. Sorry i did not have the time to write the whole story down but thanks for the responses Ill take it to the lawyer and go from there thanks
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