Dear Feyma, I am a filipina and wish to go to America. Married to a Pinoy many years ago and this seems to be a real problem obtaining the appropriate visa for me to enter the USA. What can I do? I have an American boyfriend and I love him. We had child together with my American BF and he is here with me now. He wants me to go with him to the USA, now I have a problem which visa do we apply for? And how do we even begin this long journey? Please advise.
Wow, to be honest I don’t know what kind of visa that she needs to get. She didn’t tell me if she already got an annulment from her previous husband. Firstly I don’t think she can even start processing any papers before getting any annulment from the hubby. Right? I know nowadays some couples get the annulment quickly. I know some waited for 7 years. So it really comes down to how badly you wanted to get it. The quicker way or the long years process (the few months or the waiting of 7 years)? It also depends on where you process. Just don’t know this kind of processing though. Honestly I am not an expert on this, just over heard people talking about it. People that I meet through the years. Some people we know that waited for years on it. Some that just waited for weeks.
I hope that this girl already got an annulment from the former husband. Some girls really have difficulty getting the paper signed by the former husband especially if he knew that the former wife’s next hubby will be a foreigner. It might be easier for her to obtain the signed papers from the previous hubby since they didn’t have kid anyway. I don’t think she had kid with the former husband since she didn’t mention in her email. Heard of a lot of similar stories before that the lady had to hide from the former hubby before the annulment that she had a foreigner bf. Some men, not all anyway wanted some money from the former wife before they signed anything. Sometimes big amounts of money. I’ve heard of some foreigners who pay.
I hate sometimes that the other partner used the kids to get money from the other partner. For me they should never used the kids for it. In all honestly I hope that the lady already got an annulment from the previous husband so that both her and the former husband can moved on and be with the person they loved the most.
I also know of somebody who is living with the lady that used to be married before and had kids with the previous husband. He bought an expensive house and lot in a nice subdivision. Just hoping that the lady will get the annulment paper signed by the husband soon. I think they(the guy we know and the lady) wants to get married as soon as the annulment would be approved. I hope that the guy would not get in trouble here and be kicked out and lose everything he bought for the lady. Oh well its his choice. He will learn if something happens then.
Any advice here from you guys to the couple that emailed me I would really be happy to pass that along. Just don’t know what to say to the lady that was asking? Maybe some of you who has expertise and know the situation a bit, if you can give some advice here or you can email me privately. Thank you again guys for helping some people here who are in need of your advice.
Cheers!
The annulment is the key Feyma, she will need to produce a cenomar (a certificate of no marriage) in order for any process to start he will need all of his previous marriages documented and sign a capacity to marry should they choose to marry, they then can apply for a CR1 visa or if he is living here they can apply for what they call a DCF direct consular visa which is a shorter wait, or wait to be married in the states and apply for a K1 visa good luck and I hope her previous husband isnt of the jealous type 😉
Hi Fema, my wife a Filipina married to a Filipino used to come here to the U.S. and stay for 6 months at a time with a b1 b2 business visa to work as a care giver. Not sure what the process is there to get one but it worked for her. It really takes years to get an annulment there so I’m sure she doesn’t want to wait that long.
Hi Dennis – Good for her. I’m glad she can obtained visa easily. Working as caregiver really works out good to get visa a few years ago. Not sure now though.
Yes annulment really is a long and expensive process. Thank you so much for stopping by here.
Take care!
It doesn’t really take years to get your marriage annulled in Philippine courts. Some can have their cases decided in 6 months, if you’re lucky you can have it in 4 (like my own annulment petition). The whole annulment process gets delayed if the other spouses opposes the petition, or if there are exceptional circumstance like the judge retiring from the court where your case is pending. But generally, if your lawyer is diligent enough, you can have your marriage annulled in 6-12 months. ( months is a safe estimate.
Hi Tommy – I am hoping that she’s annulled already from her Pinoy hubby so that she can start her paperwork. It’s going to be a long process for her no matter what. Nowadays its way longer compared to when I was doing my paperwork. It took me only 3 months to processed my papers. Gosh, that was almost 20 years ago though.
Good to see you again Tommy. Take care!
Hi Feyma,
I had a friend who had the same problem awhile back. First thing first, she should try to get that first marriage annulled. Hiring a good attorney will be good. You are right, the ex has to sign the annulment papers, You cant lie coz the U.S. Embassy will really check on everything, e.g. status, history, etc.( my friend had to go thru lots of hoops and lots of money) but eventually, she was able to come here and mind you, she was able to bring along her 2 children with her. It helps that when she went for the first interview, she told them INS the truth, and they told her what to do to get it fixed before coming back and she wasnt outrightly denied, it was just classified as pending. It took them atleast 2 years, but hey, time is of no essence if you really wants something, now theyre happy and living contentedly with her 2 children and his children from previous marriage.
Hi Cris – Good advice there and I can’t agree you more. Just be really honest. I’m glad it turned out good for your friend even 2 years waiting for all the paperwork to be completed. It’s all worth it at the end.
Thank you for your advice and good comment. Nice to see you here.
Take care!
Hi Feyma:
Have them consult with Atty. Michael Gurfinkel. He is a very popular immigration lawyer to Filipinos(including famous pinoy celebrities –Christopher De Leon and his family got their US Citizenshi by hiring him). But mind you, he is a hell a lot expensive! They have offices in Makati, L.A., San Francisco and New York. Here’s their website:
http://www.gurfinkel.com/locations_makati.html
Hi Gale – Oh yeah I’ve seen this guy on TV. I would say while watching him that he really know what he is talking about. Yes just check the link that you gave, yeah a bit expensive. I’m sure he has lots of clients.
I think lots of lawyers here in the Philippines that can help too and charge reasonably.
Thanks for stopping by here. Good to see you share your thoughts.
Take care!
Here is a good place to start. You can find all the info needed for the visas or annulment etc.http://www.visajourney.com/forums/index.php
Hi Richard – Thank you for giving the head start. Highly appreciated.
Take care!
It never ceases to amaze me how people do things the wrong way.
I don’t think I am out of line in saying that these 2 individuals should have considered the outcome of their actions.
I know that sometimes when we fall in love, there are complications, but responsible people take care of those complications prior to making it even more.
The reality of it is that the woman is married and committing adultery. On top of that she had a child out of wedlock with the new boyfriend. Now she is wondering how to come to the USA with that new boyfriend.
I guess in their rush to “be in love” they felt it was all OK. But the fact is that she will now have to wait until the annulment goes through (if it does at all), and that the boyfriend will be able to afford it. Then there is the wait for the visa to the USA, and hopefully the embassy approves it. There is NO guarantee that any of those things could go well. The sad part is that there is a child involved.
Maybe if they would have done things the proper way, they would not need to email strangers asking for advice.
I will end that I do hope everything works out for them, but in the meantime their experience can serve as an example for others.
Hi Lloyd,
I agree with you 100%.
regards Chas.
Hi Lloyd – Thank you so much for your comment and advice. Hey you can say what’s on your mind. I’m with you and the rest of the readers here hoping that the lady will or already got the annulment for them to start the process for her to go to the USA with the baby.
Just hoping too that the former husband will be okay with her being she had new boyfriend. Cross our fingers.
Thank you so much for stopping by and also for your good advice.
Take care!
Hi Lloyd
I couldn’t have said it any better other than here in the states it happens all too often also. People need to think about the problems they cause all in the name of love or lust.
Feyma – Sounds like a real mess to me. My better half and I knew of several folks with these kinds of issues (not all at the same time) that used a place in Cebu called Olvis Travel (http://www.olvis.com/). I don’t have any personal experience with them, but the folks that used them that we know were happy with them. This has been some time ago though, about five years maybe, so maybe this could help them?
Hi Bill – It sure does, but I still hope and pray that the lady got the annulment already from the previous hubby. Hoping anyway.
Thanks for the advice.
Take care!
I work here at the U.S. Embassy in Manila and I assure you that they should not even start the visa process until the annullement is completed. They will just be wasting their time otherwise (and visa applications are very expensive).
Hi Miguk – I’m glad that you jumped in here being your from the embassy office. You know the about this kind of stuff. I sure tell the lady what you just told us here.
Thank you for your comment. Highly appreciated.
Take care!
To get an annullment, they both have to LIE. Has anyone here ever heard of a non rich person in the Phlippines getting one? Has anyone ever heard of an annullment being granted to someone who has children? As far as I am aware both the wife and husband have to sign an oath that the marriage was never consumated. In other words, that they never had sex. This would be an obvious lie. The reason these are granted to rich people is that they can afford lawyers to continue the lie for them after the initial lie of the declaration of non consumation. On top of all this the current wait time is over 7 years. Best chance these guys have is to pick an easier country like New Zealand. The carer/ business visa thing may have been easy years ago, not now with the recession. I have friends who are legally working in the States as OFW who are professionals, being threatened with deportation just because the unemployment situation is so bad.
Barry – There are other grounds for annulment other than whether the marriage was consummated. We are not talking about a Church annulment, but a Government annulment, and there are lots of grounds that you can use for that.
Glad this was brought up here, Feyma, and glad you highlighted the important fact also, Bob, that many people don’t always realize what we are talking about when the just fling the word ‘annulment’ around here in the Philippines.
Civil Annulment in the Philippines has nothing at all to do with Annulment in the Catholic church. In fact, it doesn’t even have anyhting to do with any church. It is a legal procedure similar in nature to divorce, which only exists in the Philippines under Sharia law.
It does _not_ have to take years, but it does take some time and has to be pursued .. you need to hire a competent attorney and manage the case yourself, as if you wanted it to happen … it won’t happen by wishing.
I have met/corresponded with literally hundreds of women in similar straights to the one who contracted Feyma … they have bene married for years but just waiitng and hoping. Then “Mr. Right” comes along and “bang” … the marriage becomes an obstacle. For those of you reading this who want to be able to marry a foreigner, today is the day to start working on your Annulment.
For those “Mr. Rights” out there who are now “hooked up” with a lady already married? Help her get to work on the issue sooner, rather than later. And consider this … when you make big investments, like buying a home with a woman already married … you are buying that home for the legal husband too, unless they already have a legal separation that divides the property. Just me speaking here, but I’d be real darn careful about who I bought a house for.
Circumventing the system, as in bringing a woman to the US under a B1/B2, might work 9although it is typically pretty difficult for a Filipino) but consider this … the US INS could easily consider this immigration fraud, if it were to get ‘found out’ … and penalties typically include lifetime immigration bans on the foreigners involved … so I think a good lawyer is vitally needed before trying any “work around” like that.
Hi Dave Starr – Thank you for the good advice here. I can’t agree you more on that. I just hope really that a lot of the people that reads this blog get some good information from the people here and the people that comments.
I really appreciate your input here. Highly needed and appreciated.
Take care!
Hi Barry Humphries – To be honest I don’t know what really happens when filing for annulment. I just heard people go through with it. I guess I just didn’t feel the need for it.
For the lady that emailed me I just hope for a speedy annulment for her and her ex if she didn’t get it yet.
Thank you for your comment here. Thank you so much for stopping by.
Take care!
Barry, What do you mean about New Zealand??
Hi Fema,
Yes, she needs to secure annulment first from her strange husband. If she will not disclosed it and she did make it to the states via fiancee visa or immigrant visa, eventually it will be discovered and she will be deported and be barred from entering the states. If the annulment case is going on, I think she can apply for a tourist visa if they can secure it. That way, she can come to the states and stay for a maximum of 6 months at a time while waiting for the annulment. If she and her son can secure a multiple entry tourist visa then that would be very good. Although, I see no problem with their son getting petitioned by the father. She has to make sure that she doesn’t work in the states otherwise she will be deported and won’t be allowed re-entry I think for 10 years. Or, once she gets the marriage annuled, he (husband) can petition them via fiancee visa (processed in 6 months or less) and get married in the states. Or they can get married in the Philippines then petition them through two visas to make it quicker. If they get married in the Philippines, he must petition them through immigrant visa (immediate family)which is about 18 months process but the new US immigration law (if they did not changed it) allows for the american husband to petition his wife through fiancee visa right after receiving the receipt of payment for the immigrant visa petition. Two visas two payments but she can get to the states in about 6 months and wait for the process of immigrant visa petition in the states.
Anyway, I think her situation right now is indeed difficult.
Hi Lito – Honestly I don’t know this lady that emailed me. I doubt it if she can get the tourist visa easily. As you know she has to have a bunch of money or properties here. Maybe she does. I don’t know. I hope she does for here to go to the States with her son and her boyfriend. I’ve known just a few people that obtained tourist visa to go to the States.
The lady should just hire a really good lawyer to process everything if they had the money for it. Gosh, I just hope for the best for the lady and her family.
Nice to see you here. Thank you for your comment.
Take care!
Bob is right, there are many reasons that can be ground for annulment. Ex: not disclosing a serious illness or some seriously bad situation prior to marriage can be one. Also, abandonement can be used too. Of course, each of these must be proven in court and that is where the difficulty is. Money can get things done faster, but still we are talking of around 2 years still.
Ok sorry I didn’t realise the Philippines has it’s own annulment system aside from the Catholic church. I found a list of acceptable grounds: (Doesn’t look easy)
What are the grounds for annulment?
1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.
2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
3. Fraud. The consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.
5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.
6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).
What I was saying about New Zealand is related to the fact they do not discriminate against de facto couples. If this lady has been with her b/f for a number of years they would qualify as a couple regardless of marital status. The same goes for Australia but N.Z. is easier to get into on professional grounds. depending on the b/f’s profession they may be able to migrate to Australia also.
Hi Barry – The fraud and insanity clauses are used widely in annulments here. The Government tends to give a wink and a nod and accept those, although it does take a long, long time to complete the process.
Anyone got any idea what it’s likely to cost? (The annulment part I mean). I would guess having a friend in a high place with a penchant for imported brandy would help speed things up more than a little?
On the other hand I would guess that without the right contacts the process could be an enormous waste of time and money.
Having jst read up on it a little i would be looking for a very reputable psychiatrist (with a penchant for imported brandy) and a private detective to do a bit of dirt digging on the hubby. Get the dirt/ get the psychiatric report, get the Barangay captain to have words with his friend the Judge (over some of that very fine imported brandy) and Bob’s your uncle! (no offense Bob, it’s an Australianism).
Hi Barry Humphries -The amount that Glenn quoted was about right. That’s a lot of money, but have to get that paperwork done.
Thank you for your comment.
Take care!
A good lawyer could cost you around $3-4K…
Getting rid of a crazy spouse…PRICELESS
Hi Glenn B. That’s about right. I’ve heard of it before.
“Getting rid of a crazy spouse…PRICELESS”…. Ha ha ha… Thats true. Any amount of money can’t pay to that.
Thank you so much for dropping by!
Take care!
Hi Feyma,
The quote that I got is not from personal experience, I just happen to know someone who handles these kinds of cases in the Phils. Fortunately I don’t need these services yet as I’m happily married. Besides a divorce lawyer here in the states will get the job done for a lot less…it’s the spouse that often will take you to the cleaners:) and can make the legal cost skyrocket.
Regards,
Glenn B.
best to keep on the right side of the husband, as far as i was aware adultery is an imprisonable offence in the philippines, especially where a foreigner is involved.
Tony you are right, just read recently of this Brit up in Manila was arrested for adultry along with the woman, also has a kid with the woman, currently jumped bail and a warrant for his arrest is current, the husband will drop charges and sign annulment if the Brit will pay 7000 pounds (P500,000) British Embassy has told him that this is his only way out of his predictiment.
I can here some shouting,the ex is trying to rip the guy off,its not fair.But be realistic,put yourself in the x’s shoes,if you were living in dire poverty,and suddenly realised you hold the ace card,would you not do the same.
regards Chas.
Hi Ian S – To be honest the Brit guy should just pay so that everything will be done quietly and no hassle.
Hope a lot of people will learn from all the comment here.
Thank you for sharing.
Take care!
Hi Tony – True enough.
Thank you for your comment. Great to see you here!
Take care!
I hope the lady has been smart enough to put some serious miles between the ex and the new situation. If not she will have to pay to get out of the noose. Either that or hire a dirt digger, which may cost just as much. If she can avoid the ex finding out why she wants the annulment that might help.
Hi Barry Humphries – Hope so for them to move on.
Good to see you again.
Take care!
Hi Femya.
Have you heard back from that filipina since she last wrote to clear up whether she did have a annullment or not. If she has gotten the annullment then they can apply for a fairly new visa called a K-3/4 for her and her child. it was introduced from INS in 2003. that is what i brought my wife on in 2006-07 what they would need to do is marry there in the philippines then for him to return to the u.s. and reastablish residency meaning getting an apt or house with a lease, a job, becouse he will need to file a affidavid of support, meaning he will need to earn 125% of the federal poverty guidline. the K-3 visa will be good for 2 years and once she arrives in the u.s. they can file immiediatly for permanant residancey without conditions. my wife will have her citizinship in 4 years instead of the normal 5 years. our petition took about 10 months and that was with 2 delays. the bf will need a capacity to marry from the embassy ans she will need the certificate of non-marriage. but if she don’t have the annullment then all is moot.