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Shadow! Annulment question.


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ozboy

My wife got her annulment in 2008, all legal and above board, so we believed, in the Trial Court of Cotabato city n registered at Davao Civil Register.

 

After sending all the required evidence paperwork to the embassy as a further document request, we have now been informed that there is no record from this same trial court that proccedings took place and are now charged with supplying fraudulent docs.

 

ON RESEARCH in google, we found that said presiding judge INDAR AL HAJ was charged with corruption and barred in 2012..almost 5 years later from when he handled our case.

 

So basically besides again emailing the embassy what can we do here to investigate further...We just cannot afford to hire another atty and go around in circles....

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My wife got her annulment in 2008, all legal and above board, so we believed, in the Trial Court of Cotabato city n registered at Davao Civil Register.

 

After sending all the required evidence paperwork to the embassy as a further document request, we have now been informed that there is no record from this same trial court that proccedings took place and are now charged with supplying fraudulent docs.

 

ON RESEARCH in google, we found that said presiding judge INDAR AL HAJ was charged with corruption and barred in 2012..almost 5 years later from when he handled our case.

 

So basically besides again emailing the embassy what can we do here to investigate further...We just cannot afford to hire another atty and go around in circles....

You must start a case against the judge in the Department of Justice or the Ombudsman.

This could theoretically be done without a lawyer.

 

You must have evidence and witnesses that there was an actual case.

With this you can achieve two things, 1 the annulment is declared valid, 2 embassy can see that you have not tried to deceive them.

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shadow

My wife got her annulment in 2008, all legal and above board, so we believed, in the Trial Court of Cotabato city n registered at Davao Civil Register.

 

After sending all the required evidence paperwork to the embassy as a further document request, we have now been informed that there is no record from this same trial court that proccedings took place and are now charged with supplying fraudulent docs.

 

ON RESEARCH in google, we found that said presiding judge INDAR AL HAJ was charged with corruption and barred in 2012..almost 5 years later from when he handled our case.

 

So basically besides again emailing the embassy what can we do here to investigate further...We just cannot afford to hire another atty and go around in circles....

I'm confused as to why an annulment processed in Cotabato would be registered in Davao.

 

I would suggest you obtain a copy from the civil register, and provide that and a copy of the article where the judge was disbarred to the embassy. Any other evidence you may have to prove you went through the process will help also (court papers, attorney communications, etc.).

 

Also have the civil reg send a copy to NSO again, and obtain an NSO copy if possible. 

 

The most important thing at this point is to convince the embassy there was no intentional fraud on your part. I'm not familiar with the Aussie embassy, but if the US embassy determines there is intentional fraud it is an automatic 10 year ban.

 

Good luck, and please keep us posted.

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Davaoeno

 

and are now charged with supplying fraudulent docs.

 

when you say "charged" - do you mean that a criminal case has been filed against you ?  or do you just mean that you have been accused of the crime ??

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smokey

we had to produce all the court doc. to show the embassy and her original marriage cert. had to be stamped annulled before we could get a green card

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smokey

my wife who handled everything said after you get the court documents you need to send a copy to the Solicitor General in manila then they will send you a certificate of finality then that needs to be sent to NSO

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ozboy

We have gone thru all the legal channels and the previous marriage contract shows null n void....all NSO docs n marriage contract is fine....its just that for some reason the trial court is denying the case went thru even though we have all the documents, names even the psychiatric report....

 

The reason the case was in Cotabato is because we were told by atty that's where annulments are heard... The reason we registered it in Davao is because the previous marriage was registered there...

 

 

Here is a reply from Immigration Forum..Dear Ma1.docx

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Salty Dog

I am amazed that they would even dig that deep into it. Usually once it's registered with NSO it has gone through about 5 different offices and checks and balances.  Maybe there wasn't a court hearing and the lawyer just paid the judge for the Certificate of Finality. Once there is a Certificate of Finality all the remaining paperwork would be issued as if there were a real case.

 

Did your wife attend a hearing or did she just pay a lawyer to handle everything?

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shadow

I am amazed that they would even dig that deep into it. Usually once it's registered with NSO it has gone through about 5 different offices and checks and balances.  Maybe there wasn't a court hearing and the lawyer just paid the judge for the Certificate of Finality. Once there is a Certificate of Finality all the remaining paperwork would be issued as if there were a real case.

 

Did your wife attend a hearing or did she just pay a lawyer to handle everything?

Different countries have differing documentation they want to see. The US embassy will ask to see court documents at times. If they have reason to be suspicious (or even if just curious and/or feeling mean), they will dig deeper than NSO. They know the NSO is far from perfect. 

 

Regarding the attachment Ozboy posted, although this is regarding an Aussie visa, the US has pretty much the same policy...

Edited by shadow
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ozboy

The issue here is this Judge HAJ HAS BEEN ON THE RADAR LIST of the Aust Embassy for a while now, so as soon as the annulment showed him as the presiding judge, the alarm bells rang.

 

Even though the annulment papers look very authentic and are probably genuine, it was done along with many others that did not need an appearance in court,.......in the back room so to speak...by doing so the costs went straight into the judges pocket and not into the court coiffures so that means no records were kept relating to any trial taking place.....

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USMC-Retired

You say all NSO documents show all is fine and only court documents are missing.

 

So the cemar form 5 advisory of marriage shows an annulment and you have valid NSO documents (marriage license birth certificate)? Also a request of previous marriage from NSO shows retutns a document stating annulled?

 

Then you are in possesion of the court documents that were never on file with the court? Are these orginial with a dry or wet seal? Do they have orginal signatures?

 

I can help if the answers fall into my contact's wheel house and you have the right documents.

 

Edited by USMC-Retired
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ozboy

Yes Tim....We have all documents, with all the seals and signitures, Everthing was filed with The Marriage Registrar immediately by my wife, NSO, No Impediment, marriage all done with no issues at all. Mind you this was in 2008.

 

We got a friend to check in Davao and the attorney, who is well known, is still practicing. Also the Psychiatrist that supported the reason for dissolution of the previous marriage works/worked out of a major facility there.

 

Our CO called yesterday and advised us to apply for a Waiver, by submitting a handwritten account of all our dealings with atty n trial etc....

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USMC-Retired

To me I would be contacting someone that represents you in goverment.

 

Here you have

Nso marriage license

Nso cemar advisory of marriage (containing anulment)

 

Court documents with seals and signatures.

 

Yet they researched all these to find out the court did not file them in the court ledger. Thus you commited fraud because they failed to do it. Denied it because your orginal documents were not on file in Davao. My contact could not help with that. Hell I do not think anyone could. Corrupt judge was the cause of my nightmare. So I feel for you.

 

 

 

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