Tamakiz

I see another issue here. You want her to stay here and adjust status and then leave that poor man and come to you. I would be very uncomfortable with any person who can do this to another person. It just shows how mean and selfish she and/or you are. The best way to do it is to divorce and let that poor man off the hook. She should go back and then you can file for a K1 or marry her and file a CR1.

Well thank you all for your responses, I agree the issue is futile at best. However, Please save your judgements. I never said I was going to follow through, nor was she. I was asking if this hypothetical issue could be handled a certain way.

For those of you concerned, I have decided today to let the matter drop. There have been and still are too many questions or uncertainties with her. Thank you for your time though, and have a good day.

Well thank you all for your concern, but as I stated in the beginning, I cut the story extremely short, and it made it difficult to understand. I will recap some details just so that the story becomes clear, but i am still interested in any ideas on how this could be done without her moving back to the Philippines.

We met in late 2005

I traveled there to see her every 4-6 months in those 3+ years

Yes of course we had our misunderstandings and disagreements in those years, but who doesnt.

in late 2008 we had a disagreement that was of enough concern for me to abandon the relationship. (looking back, it was my stubborness that was more the issue than what she had done)

for 3 months she begged me to come back, and we did discuss it, but nothing really ignited.

3 months after that (6 months total) we began talking again, but she had met a man online and was also talking to him now.

In the next 6 months we talked but infrequently, as neither of us was sure it was a good idea to get back together.

Finally after over a full year of being broke up, I confessed that I missed her, and it was what she was waiting for.

However relatives of her new BF, told her that I was married and she should forget about me.

She stopped contact for about a month, all of which i sent several emails being concerned where she was. I contacted all her relatives but noone would talk to me about it.

Finally she told me that because of the news, she went through with the marriage to this man, even though she was waiting for me. She would have canceled being with him if she knew.

We have all seen many american movies with this same theme, I know I know. My mind about what to do isnt made up, but right now, I would like to know if it is even possible.

It's my understanding that she cannot file for adjustment of status based on anything other than a marriage to the original K-1 petitioner, so no, she would not be eligible.

How would you proceed then?

Ok without going into too many details. My Philippina gf and I had been dating for over 3 years. We had a terrible disagreement and I ended the relationship. We quickly lost contact, but 6 months later, resumed contact via emails. I suddenly lost contact with her again, as she stopped responding to my emails until 3 months later. She had gone through a marriage with an american man she met shortly after our breakup. She is currently residing in Texas under that condition.

She had planned on resuming relations with me when we regained contact, but she informed me that she stopped contacting me because she was told by her new family members that I had already remarried, which I hadnt. So under the pretense of their lie, she went through with the marriage with him.

I understand this may seem very soapish, but I am hoping for an answer to this one question.

If she were to want to divorce this man, her husband of 2-3 months, so as to marry me, would she lose her temporary status and be shipped back, losing eligability, or would she be able to continue her status with me?

Well, I havent read every post, but I can comment on some differences in cultures.

First of all, you cannot expect someone a different sex than you to think and act the same as you. Let alone someone from a different country, language, and culture. my thoughts to you is to put all your "expectations" aside, and enjoy your differences. It sounds to me, that it would be fun to go see her and her family for the holidays. That way you can all be together, and you can possibly build some bonds with her family as well.

My fiance' and I always have misunderstandings, but most of them are based on language. She is very fluent in english, but doesnt understand the nuances that we have all learned throughout our lives. For example, its common for a filipino to state the obvious. Just the other day, her sister announced i was getting more tambok (visaya for fat). In america thats considered rude behavior. But for them, no harm was intended. It was just a statement of observation.

What I have learned from 2 years of being with my pinay, is that if you have a lot of expectations, your already sunk. There is really only a couple that really are pertinent. Love and fidelity, and that whatever you think you know, you dont.

As for shy and quiet..... welcome to the philippines.

GL to you, but try to be more patient and understanding with her.

Well I guess I will take my divorce papers and birth certificate.. know of anything else she will need?

I just received that it is possible to take the cfo seminar early, and that i should take the papers for that also.. any input?

I apologize... I wasnt more specific. I have the entire package prepared already actually. All the forms she needs to sign and fill out have been done and sent back to me already including passport pics of her and her daughter.

She is concerned she will need some information or papers from me for her records, or for the visa process..ie: divorce papers, birth certificate, etc...

i will be going to visit my fiance next week. We have finally been notified that her annulment has been approved and she will recieve her paperwork for it on Nov 20. Since I will be going to visit, is there any paperwork she will need during the k-1 process that I could take with me now to avoid mail delays, losses, or just to plain save money?

i wanted to be sure when my fiance and I marry..............her middle name is her mother's maiden name, she said her last name would become her middle name, then mine her last. I thought ONLY her last name would change. Does it matter? Any help? Thanks

My fiance' said the same thing. I am not 100% sure, but I think it is custom for pinay to keep their maiden names as a middle name, just as its custom for American women to take the mans last name. But those are customs only, not law. In fact in the early years of the US, when a woman married she took on the name of the husband, because she was then considered to be his "property" But due to the femanist movement, that is no longer a law. When you marry, your marriage license will indicate the names of the people who are entering into the marriage, not the names you will be using after. In the UK and US your options are:

Continue using your current surname.

Take your husband's surname.

Change to a double-barrelled surname.

Take your husband's surname and make your current surname a middle name.

"Mesh" your surnames to make a new surname.

So no, it will not affect your marriage one bit. In fact, she could keep her name the same way it is now, and it wouldnt change anything, you would still be married. However that does cause some confusion. But its her choice, so no worries!

Good luck

I was adopted by the man that married my mother at the age of 8. I have 2 birth certificates, one containing my previous name, and the other containing my name after the adoption. Being that it was at such a young age, how should i complete this part of the form?

Should I leave it as though I had no previous names, or

Shoule I fill that out with the information from my original BC?

Im sure this is an easy question, but my eyes are going cross eyed from looking over this thing so much trying to avoid mistakes, that all logic seems to have escaped me, and my brain is turning to mush. hehe

Oh my gosh, I cant imagine having to go through that process with a baby in tow.. Does anyone know for certain if the baby will be required to go through this exam process?

MARAMING SALAMAT PO to Dianne and Ryan for the exceptionaly precise information about the exam process. I know we would have made a mistake or two along that one.

But this has brought up a question I havent noticed anywhere. She has a 1 year old daughter. Will the daughter also have to go through some medical examinations and innoculations?

Her marriage was called "Null and Void" because the man she married had hid the fact that he was already married, and was still active in that marriage. He also went back to that family 100% after that. So its not a true annlment. The papers basically state, that she will go on as though the marriage never took place since it was an illegal marriage to start with. In the event that a woman gets pregnant in the philippines, and doesnt marry. Is it assumed that she has full custody even if the fathers name is on the BC?

Her case is called "Declaration of Nullity of Marriage" and yes,it's not an annulment.i also had the same case,Bigamous Marriage.like her ex,i also found out that my ex has a previous marriage.You're right,she'll be declared single again.

In getting her child's passport,just bring the kid's BC and her annulment papers.If the custody is hers,no need to get any clearance from the DSWD.she'll be fine travelling with her kid.I also have kid,he's 12yrs old and he'll be going with me,the only difference is that my son already has a passport that will expire in 3yrs,we have just renewed his passport in 2006.

AHHHHHH Maraming salamat po! you have all put my mind at ease. The father is not being cooperative now. He was at first, but not any longer. Its not because of the child unfortunately, I think he is still in love with my asawa, and doesnt want her to leave. I was so worried that without his permission her daughter wouldnt be able to come with us. Honestly, I love my asawa to death, but i was not willing to break her away from her daughter just to be with me. I am a father myself, and I wouldnt leave my daughter for anyone else, I was not going to allow her to do the same. But alas, there is hope! We looked into the papers, the judge originally discussed custody of the child but seemed to forget about it in the final judgement papers. We will go back to the courts to find a decision to that. I am sure she will get custody. That being the case, our problems are solved!

Does anyone know though, does the US require a notarized document still from the father granting the child to come along for marriage purposes?

hi i was also annuled in my first marriage. it depends on the annulent paper of your fiance whats the court decision. just like on my case im the only custody. so no need an authorization for the father of my daughter. i was also been in DSWD just to make sure everything will be ok. and they told me that if you are joint custody u have to get a authorization for the father of the kid but if not so no need. so better ask your fiance who is the custody if she is the only custody or they are joint custody

wow Philippines law

hehe Philippines law is kinda an oxymoron isnt it? Joke lang! Seriously though. You can go from one office to another next door and get two completely different answers. SIGH! frustrating.

As for cenomar. The attourneys are going to the NSO personally to get the documents of CENOMAR themselves. Since waiting for it to get published on the website can take almost a year sometimes. I hope that document will be valid for our visa process.

Her marriage was called "Null and Void" because the man she married had hid the fact that he was already married, and was still active in that marriage. He also went back to that family 100% after that. So its not a true annlment. The papers basically state, that she will go on as though the marriage never took place since it was an illegal marriage to start with. In the event that a woman gets pregnant in the philippines, and doesnt marry. Is it assumed that she has full custody even if the fathers name is on the BC?

hi i was also annuled in my first marriage. it depends on the annulent paper of your fiance whats the court decision. just like on my case im the only custody. so no need an authorization for the father of my daughter. i was also been in DSWD just to make sure everything will be ok. and they told me that if you are joint custody u have to get a authorization for the father of the kid but if not so no need. so better ask your fiance who is the custody if she is the only custody or they are joint custody

Well i have read, and re-read that. from what I understand, since my fiance' will be getting her certificate of CENOMAR (no marriage) she will be considerd to be a solo parent, and wont need anything special to bring her daughter. Is that right?

My second question applies to the passport. Because the child has the last name of the father, she was told she needs to have the father sign something for the application process.

Lastly, how long are RP passports valid for?

Congratulations truely!, i cant wait for my asawa to call me up excited for the same reason!.. ingat po lagi!

My fiance' lives in the philippines now, near Cebu. She just had her previous marriage "null and void" due to a bigimous marriage..its a long story but thats the statistics. They had a child who is almost 2 yrs old. He is named as the father on the birth certificate and the child has the fathers last name. My question is this. What documents does she need to bring her daughter along. I have heard many different things from her needing absolutely nothing, or her only needing a notarized document from the father granting his permission for the child to leave, to her needing the notarized document and also for the father to go to the Department of Foreign Affairs to sign something for the child to be able to get her passport. The reason i ask, is because the father is not especially helpful for fear of angering his wife. What is the bare minimum we will need from him for us to bring her daughter?

Hello everyone, I am brand new here. I was refered to the site by a friend of mine who went through this process already. My fiance' is from the Philippines and was previously married, and had one child with her husband. I have already initiated and received confirmation that the annulment to her marriage is complete. I am currently waiting for the actual paper confirmation stating her "cenomar" status. In the mean time I would like to have all the paperwork ready to send the instant it arrives. I have read the blogs and looked at sample forms. But I have to admit, I am a little nervous about making any mistakes. I have waited almost 3 years now for us to be together and I dont really want to unnecessarily extend that one more single day hehe. Would anyone here be willing to guide me through the process either via emails, IM's or through whatever process would be most comfortable for them. Also, which forms will i need to fill out, and will there be additional forms for her daugher (2 yrs old). I just want to be 100% prepared and with zero mistakes.

Thanks

Shawn