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Status of immigrant visa (13a) being widower or divorcee...


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Since an immigrant visa (13a) is issued by virute to being married to a Filipino national/citizen then I wonder what would happen to the immigration status of an immigrant in this situation if he becomes a widower or divorcee? Of course, nobody wishes to be in this situation but sometimes things happen where we have no control to. And if the immigrant were to lose his status because of these unfortunate situation then what about the life he has built in the PH all these years, like investment, children, emotional being, etc?

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If your status has changed and you asked someone at BI they would likely suggest that you apply for a Special Retiree's Resident Visa (SRRV). On the other hand, another person may simply do nothing.

 

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Edited by Morey
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But the people in BI don't know that no everyone is eligible for Retiree visa. Anyway, it doesn't matter what one or two guys from BI say; I'm actually wondering what laws say abouut it in the PH because could you imagine a foreign would lose all his life that s/he has built in there just because of those two unfortunate situation.

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spooks

13a stays in situ in event of being a widow. In Philippines u cannot get divorced. if you are divorced as done outside of the Philippines then u need to move to another visa

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The Mason

But the people in BI don't know that no everyone is eligible for Retiree visa. Anyway, it doesn't matter what one or two guys from BI say; I'm actually wondering what laws say abouut it in the PH because could you imagine a foreign would lose all his life that s/he has built in there just because of those two unfortunate situation.

 

Actually, what 1 or 2 guys at BI says is far more important than what the law says. If those 1 or 2 guys you deal with decide against you, you're pretty much out of luck. Sure, you can go to court and fight for your rights, and 10 years and thousands of dollars later you might get a favorable decision, but I wouldn't count on that.

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ancienrocka

But the people in BI don't know that no everyone is eligible for Retiree visa. Anyway, it doesn't matter what one or two guys from BI say; I'm actually wondering what laws say abouut it in the PH because could you imagine a foreign would lose all his life that s/he has built in there just because of those two unfortunate situation.

 

Actually, what 1 or 2 guys at BI says is far more important than what the law says. If those 1 or 2 guys you deal with decide against you, you're pretty much out of luck. Sure, you can go to court and fight for your rights, and 10 years and thousands of dollars later you might get a favorable decision, but I wouldn't count on that.

I asked at the BoI today and they said that pretty much the only way you would lose your 13a status is if someone makes a complaint against you or your ex-wife reports her withdrawal of support of your status. Otherwise you just keep making the annual report and no one is any the wiser about your changed circumstances.

 

As The Mason said, whatever the law says, it's the application of the law that counts.

 

paul

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So, it seems that what these "1-2" people from BI say is all matter than what is a law in this respect. Ok. This is another fact that laws don't mean much in the PH. : )...

 

I know that there is no divorce in the PH, but how about annulment. I mean, obtaining an annulment from the PH or a divorce from outside the PH will void the status anyway upon knowning then it's not fair, in my personal opinion, for those who already established their life in there. Again, not everyone is eligible for immigrant visa in another category. In US, immigrants can still keep their permanent residency despite of the divorce but then I know PH is not the US... :welcome2:

 

How long an anuulment takes in the PH? If either one or both parties in the marriage not happy in the marriage then they should legally end their marriage, right? Then, what is so much fuss about divorce in the PH? I mean, a divorce and annulment are pretty much the same thing because both end the marriage. Actually, annulment is more worse (and shouldn't be a proper way to end the marriage in the PH) because annulment means there was never a valid marriage and/or as if marriage never occured. Oh well, it's PH, its own laws and its own way of doing things...lols

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ancienrocka

I just try answer the questions mate but there are too many in your last post.

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Alan S
it's PH, its own laws and its own way of doing things.

 

Yes.

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musicman666

So, it seems that what these "1-2" people from BI say is all matter than what is a law in this respect. Ok. This is another fact that laws don't mean much in the PH. : )...

 

I know that there is no divorce in the PH, but how about annulment. I mean, obtaining an annulment from the PH or a divorce from outside the PH will void the status anyway upon knowning then it's not fair, in my personal opinion, for those who already established their life in there. Again, not everyone is eligible for immigrant visa in another category. In US, immigrants can still keep their permanent residency despite of the divorce but then I know PH is not the US... :welcome2:

 

How long an anuulment takes in the PH? If either one or both parties in the marriage not happy in the marriage then they should legally end their marriage, right? Then, what is so much fuss about divorce in the PH? I mean, a divorce and annulment are pretty much the same thing because both end the marriage. Actually, annulment is more worse (and shouldn't be a proper way to end the marriage in the PH) because annulment means there was never a valid marriage and/or as if marriage never occured. Oh well, it's PH, its own laws and its own way of doing things...lols

 

i dont think you get an annulment from just being unhappy with the marriage.. its special circumstances such as insanity or not consumating the marriage... unhappy is something that only happens in the civil court.

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I do agree that a person (or even both parties) cannot obtain an annulment just because of being unhappy in the marriage; instead there must be other grounds such as-not consumating the marriage, fraud that was material to the marriage and it occured prior to the marriage, parties were blood related wherein marriage is not permitted etc.

 

I know that the matrimonial laws from the United States are irrelevant here but since I have practiced/advocated matrimonial laws of United States (New York and New Jersey) then I can tell about some cases wherein annulment occured even many years of marriage between the parties and without any insanity. There was a case wherein a woman got impregnated by artificial insemination (AI) without the knowledge of her husband because she thought that her biological clock was running out AND because of her husband having told to her very clearly that he doesn't want to have any baby with her. He already has a son from his previous marriage.

 

Husband got very uspet after knowing about her getting pregnent which was of course many months later and he immediately filed for the divorce. Wife contested the divorce but alternatively sought out annulment. Her husband was a Canadian who obtained his legal permanent residency (LPR) in the US by virute of being married with her. He knew so well that he would still be able to keep his LPR despite of divorce because US immigration laws do permit it despite of being divorced if marriage between the parties was a bonafide marriage at the time when it occured.

 

I don't know why his wife filed/sought out for an annulment instead of just simple divorce. Perhaps, she wanted to deport him because US immigration laws strip off LPR and even US citizenship to anyone who obtained LPR by virtue of marriage with a US citizen but later on that marriage got ended by annulment; Or maybe she just thought that annulment of their marriage was the right cause of action in their situation because she did believe that her husband concealed the material fact prior to their marriage that he doesn't want to have any children with her and he did disclose this to her only after the marriage which made her to go for AI.

 

During the annulment proceeding, Judge stated that bearing a child in the marriage is a fundamental right of each party, so husband to have concealed this material fact from his wife prior to th marriage did constitute a fraud and a ground to annul the marriage. So their marriage got annuled. Wife sent the annulment paper to US immigration and US immigration revoked husband's LPR and deported him.

 

Anyway, I know PH is a Catholic country but what I don't understand is that- they allow annulment but not the divorce even though these both (annulment and divorce) are pretty much same because they both end the marriage. And why so harsh, tough and long procedure to get annulment over there? If one is really not happy in a relationship or wants to be out then isn't it s/he should be allowed to that? I mean, what is the point to keep intacting their "legal marriage" when there is nothing left between the parties? I know many Filipino people in NY who were married in the PH, filed divorce papers here and got divorce from the spouses who are still in the PH. More I dig about the PH, more I get "fascinated" by this far island...lols....You've got to either love it or hate it....I tell you that...

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lazydays

Maybe you should e-mail the Pope with your opinions on annulment. troll.gif

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I could be wrong but I think an immigrant shouldn't inform to BI about the change of his/her matrimonial status if s/he were to get divorced at abroad or an annulment in the PH if that would void his/her immigration status status given BI don't ask for it specifically at the time of annual report and Filipino spouse doesn't report this to the BI. Don't know if its legal or not, but then who cares anyway about what is legal in there, including folks in the govt. Just my opinion. One should go along with the ways as its there...without worrying wrong/right...legal/illegal...We've got to love it...wt-hell.gif

Edited by SAM_NY
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RogerDuMond

I know that the matrimonial laws from the United States are irrelevant here but since I have practiced/advocated matrimonial laws of United States (New York and New Jersey) then I can tell about some cases wherein annulment occured even many years of marriage between the parties and without any insanity.

 

Husband got very uspet after knowing about her getting pregnent which was of course many months later and he immediately filed for the divorce. Wife contested the divorce but alternatively sought out annulment. Her husband was a Canadian who obtained his legal permanent residency (LPR) in the US by virute of being married with her. He knew so well that he would still be able to keep his LPR despite of divorce because US immigration laws do permit it despite of being divorced if marriage between the parties was a bonafide marriage at the time when it occured.

 

I don't know why his wife filed/sought out for an annulment instead of just simple divorce. Perhaps, she wanted to deport him because US immigration laws strip off LPR and even US citizenship to anyone who obtained LPR by virtue of marriage with a US citizen but later on that marriage got ended by annulment; Or maybe she just thought that annulment of their marriage was the right cause of action in their situation because she did believe that her husband concealed the material fact prior to their marriage that he doesn't want to have any children with her and he did disclose this to her only after the marriage which made her to go for AI.

 

During the annulment proceeding, Judge stated that bearing a child in the marriage is a fundamental right of each party, so husband to have concealed this material fact from his wife prior to th marriage did constitute a fraud and a ground to annul the marriage. So their marriage got annuled. Wife sent the annulment paper to US immigration and US immigration revoked husband's LPR and deported him.

 

Anyway, I know PH is a Catholic country but what I don't understand is that- they allow annulment but not the divorce even though these both (annulment and divorce) are pretty much same because they both end the marriage. And why so harsh, tough and long procedure to get annulment over there? If one is really not happy in a relationship or wants to be out then isn't it s/he should be allowed to that? I mean, what is the point to keep intacting their "legal marriage" when there is nothing left between the parties? I know many Filipino people in NY who were married in the PH, filed divorce papers here and got divorce from the spouses who are still in the PH. More I dig about the PH, more I get "fascinated" by this far island...lols....You've got to either love it or hate it....I tell you that...

You may know Filipinos in N.Y. who got divorced in the US from spouses still in the Philippines, but they are still married as far as the Philippines is concerned. The Philippines does not recognize divorces between a Filipino and a Filipina no matter where they were married and no matter where the divorce was acquired. Even with a divorce between a foreigner and a Filipino, the divorce is not recognized in the Philippines until Judicial recognition is obtained.

http://jlp-law.com/b...ns-and-answers/

http://jlp-law.com/b...divorce-decree/

 

Legal annulments in the US are usually granted during the first two years of marriage. After that you need to obtain a divorce. Please realize that there is a difference between legal annulments and Catholic Church annulments. A Catholic Church annulment is not valid for legal dissolution of a marriage, but must be obtained if you are a Catholic or if you have been married to a Catholic and have the intention of being married in the Catholic Church.

 

Your command of the English language belies your claim to have practiced matrimonial law in the US.

Edited by RogerDuMond
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I don't think anyone should be worried about/cared of what I claim to be (whether I practiced matrimonal laws in NY and NJ, or me even being an American) based on how poor my English grammer is or what I write, because I'm not trying to representing them nor I'm trying to have clients from here. Last time I checked the rules of this site then I don't find anything to have a perfect skill in writing English. Besides, I'm who I'm regardless anyone believes it or not. Plus, I'm here to discuss matters relevant to living in the PH than to waste my time/energy/efforts in finding who is who and who is not who s/he clamims to. I mean, what difference does it make if I'm Tom, Dick or Harry, Or I'm an American or not, Or if I practiced matrimonial laws in US or not? In the end of the day, what we discuss about the life in the PH and general discussion in all matter.

 

I think it would be more helpful and best if the topic of discussion is discussed than who is who, beleiving or not or anything of this nature. Not believing by others wouldn't change the fact who I'm nor it will change who you are. You are who you are whether anyone believes it or not.

 

As for the matter in hand, then I have had the full knowledge of PH laws and their stance on the dissolution of marriage. And I've also read older postings on this matter. I was just curious between divorce and an annulment when both are pretty much the same.

 

Like PH has its own ways to do things there regardless of what laws state; similarly I've my own ways to do things...or write the way that people can questions my claims of being a US citizen or previous lawyer or whatever. I don't have be perfect on here, like PH in general.

 

Anyway, appreciate your info on divorce in the PH which is what is relevant here. Trying to pull hair and trying to look into Who is Who is not the purpose/motive of this site, I guess.

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