friend is dating a seperated girl from PI

[Cbear]

I keep telling him this is a lose lose situation but he won't listen.

His gf is telling him that her husband left her 4 1/2 years ago and no one has heard from him since. He left as soon as he found out she was pregnant.

She told him that after 5 years she can have her husband declared dead and then re-marry. I told him I don't think this is possible but I really don't know.

Does anyone know if that can be done?

[Ray]

I believe that if the husband has been missing for 4 years, and there is a well founded belief that he is dead, a legal proceeding can sometimes result in a declaration of presumptive death and the woman could remarry.

HOWEVER, if the missing husband ever shows up alive, the new marriage will be terminated.

Instead of trying to have the missing husband legally declared dead, when he is probably still alive, I believe the best way would be to have the previous marriage legally terminated by annulment. This way the woman could get a fiancée or spouse visa with solid evidence of termination of her marriage.

But again, the legal process can be long and expensive. Getting involved with a woman who is already married is going to have long lasting consequences, so beware.

[Cbear]

Ray, she is telling him that she cant have her marriage annulled because they cant find the husband. She does not think he is dead but he left without a trace, in less of course the in laws who are still in the picture are lying.

Hell, I wouldn't even consider this situation.

What if he marries her and brings her here and then the marriage is vacated, what happens to her status??

What a mess.

[bcc_1_2]

sounds like there might be a lot of single women in the Phils of all ages.... just not legally.

Why not call up and attorney down there and see what he or she could do?

[Cbear]

sounds like there might be a lot of single women in the Phils of all ages.... just not legally.

Why not call up and attorney down there and see what he or she could do?

he is a cheapskate lol

[piglett]

Well Forest Gump said "stupid is as stupid does"

I guess this guy wants to be stupid
& the woman will do anthing including lie to him for a chance to get out of the PI.


piglett

[Cbear]

With millions of sweet truly single girls in asia I don't know why he won't let go of this girl. She is very pretty but so what, is it worth the trouble? NOOOOOOOoooooo!!!!!!!!!!!


I KNOW YOU ARE READING THIS SO JOIN UP SO YOU CAN GET ABUSED LIKE THE REST OF US.

Jump in, the waters fine.

[Ray]

he is a cheapskate

Well then, he better bail now because this thing will get real expensive if he wants to petition her. There will be attorney and other legal fees, regardless of which way they take this.

For the visa application, she better have an annulment or death certificate. I have serious doubts that the US government will accept a presumptive death declaration as legal termination for visa purposes.

If the previous husband showed up, the new marriage may or may not be terminated, based on where they married, etc.

If she doesn't think he is dead, then he isn't dead. She will either need a body as proof, or strong evidence of his death.

There are no shortcuts here...

OBTW, I looked it up and it looks like 4 years is the minimum for a Presumption of Death, with 7 years the norm in most circumstances.

Ray

[Cbear]

I think they think they can't get the annulment cause they can't find the guy. His family is still involved with raising the child and they say they don't know where he is either. Who knows, maybe he is dead.

But she thinks he just ran off. But will never come back.

He has been gone about 4 1/2 years now with no contact whatsoever.

I feel sorry for his lady cause she is a super nice woman. But even so, I would not have gotten involved in the first place. This could be a problem well into the marriage if it even gets that far.

[Ray]

I think they think they can't get the annulment cause they can't find the guy.

I don't think she needs to find him to get an annulment. She needs to consult with an attorney who specializes in family law/annulments.

If he were willing to spend some money, she could even get an annulment in a California court, and neither one has to be present.

Ray

[piglett]

I think they think they can't get the annulment cause they can't find the guy. His family is still involved with raising the child and they say they don't know where he is either. Who knows, maybe he is dead.

But she thinks he just ran off. But will never come back.

He has been gone about 4 1/2 years now with no contact whatsoever.

I feel sorry for his lady cause she is a super nice woman. But even so, I would not have gotten involved in the first place. This could be a problem well into the marriage if it even gets that far.

tell him to pack his sh*t & just move to the PI.

[Dave H]

I feel sorry for his lady cause she is a super nice woman.

I hope so, because it is going to be more difficult and cost a lot more money than getting involved with a single woman!

Dave

[william3rd]

I don't think she needs to find him to get an annulment. She needs to consult with an attorney who specializes in family law/annulments.

If he were willing to spend some money, she could even get an annulment in a California court, and neither one has to be present.

Ray

USCIS wont buy that. Neither of them meet the residency requirements for CA. Nothing like a little case of fraud to start the day.

[Ray]

USCIS wont buy that. Neither of them meet the residency requirements for CA. Nothing like a little case of fraud to start the day.

William,

Could you check the law on that?

Unless the law has changed in recent years, I believe that there is no residency requirement to file for an annulment in California.

I know that this is not a normal procedure, but I do know that it has been done before where a woman in the Philippines obtained an annulment in California of a Philippine marriage without ever setting foot in the USA.

Ray