heartbroken

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

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

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?

you are only permitted 60 days in a year. Papua New Guinea is the country assigned to adjudicate. The divorce and the marriage were carried out under British Common Law. The point is that we were down to the last minute and they decide to have some sort of shut down not only on us but on a lot of May filers. While it is true that the US law applies to the visa applicant in PI once it is issued we have to figure out how to get her and the children to the states without her being charged with bigamy and without the kids being prevented from leaving.

Keep in mind that while there is obviously some venting going on here I am not exaggerating, to the best of my knowlege, the hurdles we are facing.

An interview in PNG would be scheduled virtually immediately while the PI are averaging 230 days.

I am at the moment almost too paranoid to give out much identifiable information but I suppose that is natural in the place we feel we are in where the CSC holds total authority over our immediate forseeable future. I am also very suer that we are not the first ones to find ourselves in this thorny situation.

Thank you for the level headed and cool headed look at this. I appreciate the feedback.

I would like to urge everyone to contact their congressional representatives office from the date your check is cashed. It will do no good for those of us caught up in this hateful web of indifference but it may overwhelm with enough evidence that this is a problem. A major problem. We don't call until we are at our wits end. They swoop in like a hero but in reality have little or no effect. I was told by a USCIS employee that when they receive a "congressional" they put you back further because, and I quote, "Congress can't tell us what to do. We just send them a response and keep on going"

It will be a long long time before I get my wife here even though I did everything by the book.

Family visas should have top priority especially over business interests.

So your timelines should look like this:

3-1-07 filed 130

3-15-07 check cashed

3-15-07 called congressperson and started process

3-16-07 called congressperson again to remind him/her

3-17-07 called congressperson again to remind him/her

3-18-07...........

I forgot to add that the congressman's office has been totally useless although I have increased the frequency of my calls. The latest response was so sweet though: "We understand your situation and we have done all we can do. we just call and we have to take what they tell us. Gee that's a shame you will be losing your family. If there is anything else we can do just let us know. In the meantime we will keep monitoring"

That's what they really wrote you back word for word? The part "Gee that's a shame you will be losing your family" totally sounds unprofessional and not something a congressmen's office would send.

No, that is what they said on the phone. As if "Gee we are so sorry for the inconvenience. Please dont hesitate to call on us in the future"

I don't mean to rain on anyone'a parade. I am so happy for those that are approved and have taken great heart from those got approved and didn't even know it because of the crappy website at the CSC.

By all means contact your congressmen and congresswomen and keep pushing these people at the CSC to develop a heart.

They should all be required to read VJ every day and see the havoc their indifference wreaks on the lives of those of us who want nothing more than to be with our families.

The congresspersons run on the family values platform but if my wife were someone who just wanted to come here to work she could have been here in 90 days.

The pain in my stepchildrens voices when they ask if they will see daddy at Christmas and asking about their new schools is more than one can take and this has just been the most hurtful day of all. No wonder people opt for illegal immigration becasue this legal route for US citizens is just total BS.

I forgot to add that the congressman's office has been totally useless although I have increased the frequency of my calls. The latest response was so sweet though: "We understand your situation and we have done all we can do. we just call and we have to take what they tell us. Gee that's a shame you will be losing your family. If there is anything else we can do just let us know. In the meantime we will keep monitoring"

That's what they really wrote you back word for word? The part "Gee that's a shame you will be losing your family" totally sounds unprofessional and not something a congressmen's office would send.

No, that is what they said on the phone. As if "Gee we are so sorry for the inconvenience. Please dont hesitate to call on us in the future"

I forgot to add that the congressman's office has been totally useless although I have increased the frequency of my calls. The latest response was so sweet though: "We understand your situation and we have done all we can do. we just call and we have to take what they tell us. Gee that's a shame you will be losing your family. If there is anything else we can do just let us know. In the meantime we will keep monitoring"

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.