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ubertroy
Kumusta ka

Can someone holp me with a little information?

I am trying to find out where in the world, (besides the US) a Filipino can obtain a quick divorce. I know that you can obtain one in Canada if you have been a resident for a year.

My problem

My fiancee lives in the Middle East and is unable to obtain a Visitors Visa to the US. She has been denied twice on the grounds that she doesn't have strong enough ties in the Philippines and they believe she would remain illegally.

Because she has been previously married I can not petition her on the Fiancee Visa until she gets an annulment in the Philippines which, As you may well know TAKES YEARS!!!, It's very frustrating and I believe that out-dated law hurts Filipinos FAR more than it could ever help them.

Our only other option is to move to Canada, which is not easy for US residents if you want to work. Our last resort is to obtain a divorce for her in another part of the world. I know it was once possible to do it in the Dominican Republic but the law has changed. Getting the divorce is not very difficult because her husband has been MIA for 9 years. Its' just a matter of doing it without waiting another year. We have waited TWO years already.

Can any one provide information?

Maraming salamat
Patton
It doesn't matter where she gets a divorce because unless the husband was a foriegn national who initiated the proceedings the law won't recognize the divorce. When you file for a fiance or spousal visa her CENOMAR will still have her married to the original husband.

Unless she married a Muslim man under Sharia law she will have to get a annulment or have the lost husband be legally presummed dead. You have another year or two to wait before you can file for a visa. Depending upon the contacts the attorney has who files for the annument and the amount of bribes you are willing to spread to speed the case along.
ubertroy
QUOTE(Patton @ Dec 4 2008, 06:52 AM) [snapback]4034002[/snapback]
It doesn't matter where she gets a divorce because unless the husband was a foriegn national who initiated the proceedings the law won't recognize the divorce. When you file for a fiance or spousal visa her CENOMAR will still have her married to the original husband.

Unless she married a Muslim man under Sharia law she will have to get a annulment or have the lost husband be legally presummed dead. You have another year or two to wait before you can file for a visa. Depending upon the contacts the attorney has who files for the annument and the amount of bribes you are willing to spread to speed the case along.


Patton, Thanks for that information. I know we can marry in Canada after one year, regardless of her status. Canada and the US will recognize the divorce and allow us to marry. They understand how the law in the Philippines sometimes handicaps those who wish to get on with their lives. It's true that we would have to pay some crooked judges if we want a quick annulment. It's a shame because that hurts their own people more than anyone else.

I'm trying to find a place where we would not have to wait an entire year for her divorce. If I could get it tomorrow I could still marry her in Canada or the US
Patton
I don't know about Canada but how do you get an entry visa for her to the US? Without how do you adjust her status to get a green card? To get a K or CR1 they will check with the Philippines to see if she can marry. Neither a student, work nor tourist visas are easy to get for fear she will go TNT.
Patton
I checked there are steps which you must take.
1. The non-Filipino must be the one to initiate the divorce.
2. A Philippines Consulate where the divorce was granted must authenticate the divorce.
3. Someone in the Philippines submits the authenticated divorce to the NSO.
4. Just as the Soliciter General can say no to an annulment granted by the courts the NSO may say the divorce decree is not good enough.

In any event it seems to get US immigration to accept her an annulment is your easiest route. If she has been seperated for 9 years its a simple matter of a doctor lying to say husband was unable to form the intent to marry in the first place. The court accepts the scripted lie and the annulment is granted. At which point the solicitor pretends to check if your fiance and her ex lied. In all plan on about a year and up to $2.5K US. At which point you have another $2K to USCIS for the visa and adjustment of status fees.
andrewjoselin
Hi, I have come across few websites indicating that they help getting divorced without hiring a legal attorney. Is that true? Can someone enlighten me on this? I need to get divorced as I have a bad family life but at the same time, I would like to not get stuck in many legal issues.
clivesrobert
Hey andrewjoselin,I think it would be good if you can find the right attorney. Some of them do not charge for the initial consultation, so you need to confirm if there is the charge when you set the appointment for your first visit. I am just not focusing on money but you should not lose your savings just to get divorced. I recently had the same issue but found a interesting resource and would like to share with you. You can try No B.S.Divorce Advice Guide and hope they can help you. All the best.
Patton
QUOTE(andrewjoselin @ Dec 28 2008, 08:55 AM) [snapback]4064062[/snapback]
Hi, I have come across few websites indicating that they help getting divorced without hiring a legal attorney. Is that true? Can someone enlighten me on this? I need to get divorced as I have a bad family life but at the same time, I would like to not get stuck in many legal issues.

Is this still filipino chat? If your filipino you can not get divorced unless you married a Muslim man under sharia. End of story. The Republic of the Philippines may or may not recognize a divorce if you are married to a foriegn national and that foriegner started the divorce proceedings.

In this aspect of life the Church rules have been adopted and just as the Church says that a valid marriage never existed thus declares a nullity the government finds that one party could not form legal consent and declares nullity. In other words the marriage never existed because one party was to stupid to marry in the first place.

Just as other corruption is the norm. The doctor just follows the script which would be a divorce for cause in any other country and adds that for this reason x was unable to consent to the marriage at which point the judge issues an annulment followed by a short investigation by the soliciter general to prove that trhe ex couple and doctor were not to open about lying to the court, by publically saying they were cooperating the give the judge the scripted story. That is so people won't lose respect for the legal system.
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