bigred6ft4

https://www.facebook.com/100012599440608/videos/830609697369004/

funny video

yes

8 minutes ago, Sarge2155 said:

Did she undergo sputum testing at SLEC?

yes

Hello Hank I hope you had a good thanksgiving. I have a question My fiancee is here and at the airport they gave her a envelop[e with USPHS on it and told her to call them the next day what is this ? Thanks bud

No they sent it

Hello All FYI got approved and visa is ready for pick up Yayyyy she will be here by thanksgiving day thanks frank for the help and all who commented

its like the 9th week so we should be good thanks will keep you posted she goes back to get the results and vaccines on the 7th then we already set up interview on the 11th so hopefully we are all set

Thanks for asking Sarge

Well she went for the medical and they saw a blot on her chest ex-ray so she had to do the ####### test 8 more weeks and so far no call she goes back Nov 7th for the results (witch I believe are fine) and we are scheduled for the interview on Nov 11 so if all goes well I am trying to get her home by Thanksgiving if no more issues wew long journey but she is worth it 🙂

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

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

Either way it should not matter seeing as his daughter is 24 or 25 now

yes he is on birth cit but there was a divorce done here in the us and that was all covered

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

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.

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🙂

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. 

Yes Ben thanks I know its going to be a pain its been over 20 years since the marriage.

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

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.”

they were married in the Philippines.

I agree with all of you guys just trying to find a solution

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.”

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

So the marriage should be terminated in the Philippines first where they got married?

No the i-129f was denied thanks

Sorry yes you can appeal it says so right on the denial. TY for the input