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Filipina-American Divorce


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RogerDuMond

 

 

I think that may be an over simplification. In many case a court has already assigned part or all of a 401k to a prior spouse. Further should the 401K owner have a legal child support obligation I have heard that takes priority over other distributions.

 

A moot point, because she would not be looking to recover from the 401k. My suggestion was to use the federal law mandating that she be the beneficiary of the plan as a carrot to lead him to procuring the divorce.

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So, the asshole could fly to the Philippines, screw you, marry you, and make you promises that he couldn't afford to keep. Then, when he should have carried though, he dropped the ball, like a number

Maldita, sorry to hear about your situation. Read all the post but you didn't say much about your "husband". I can understand if you want to keep info private about him.   5 years ago, a young woman

I now have the authenticated documents needed for the Recognition of a Foreign Decree.  Next step is to look for a Filipino lawyer.

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diverdon

A moot point, because she would not be looking to recover from the 401k. My suggestion was to use the federal law mandating that she be the beneficiary of the plan as a carrot to lead him to procuring the divorce.

 

 

That was indeed an excellent suggestion.

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ubercoder

another avenue of giving the guy incentive to divorce is tell him you're pregnant.  You're looking for some help and if unable to get help from him directly, you might go through the US Justice system for possible support.  Lets see how fast he'll file those divorce papers.

 

here are your rights as a spouse of a US citizen

 

https://travel.state.gov/content/passports/en/abroad/events-and-records/marriage.html

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sugbu777

 

 

Someone asked if the marriage was filled with the state.

 

If I am correct, it also should have been filed with the US Embassy in Manila or the US Consulate in Cebu. I remember that a "Certificate in Lieu of Legal Capacity" had to be provided by the US Consulate/Embassy prior to being married by a church or civil authority in the Philippines when my wife an I were married.

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If I am correct, it also should have been filed with the US Embassy in Manila or the US Consulate in Cebu. I remember that a "Certificate in Lieu of Legal Capacity" had to be provided by the US Consulate/Embassy prior to being married by a church or civil authority in the Philippines when my wife an I were married.

The Certificate in Lieu of Legal Capacity is provided as one of the steps to obtain a Philippines marriage certificate.  It is only a certificate, not evidence that  marriage will take place.  There is no process to register a marriage at a US embassy.  Nor is there any need to do so.  

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sugbu777

The Certificate in Lieu of Legal Capacity is provided as one of the steps to obtain a Philippines marriage certificate.  It is only a certificate, not evidence that  marriage will take place.  There is no process to register a marriage at a US embassy.  Nor is there any need to do so.  

Thanks. I stand corrected.

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SkyMan

And yet, other areas of the law say that when a Fil becomes a US citizen then they are no longer a Fil until they come back and re-acquire citizenship.  Thus can those Fils get divorced in the US and come back as single?

I was wondering the same thing and someone in that situation should seek legal advice.  If I had to guess it would be one of 2 answers.  

1.  Gaining US citz doesn't cause a loss of Phil citz so the divorce would still not be recognized.

2.  They were Filipinos at the time of the marriage so the divorce would never be recognized regardless of later citz changes.

 

But this is off topic of the OP so lets go back to her situation.

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Maldita23

Maltdita, I have a dumb question...were you and yur husband married in the US or the Philippines?

We got married in the Ph.

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Maldita23

I sort of told my ex that I am contacting a US lawyer and that if he won't give me a divorce I would make sure that he would have to give me spousal support. He seems threathened. I just could not think of other possible reasons why he is making this complicated and not finish it off right away.

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I sort of told my ex that I am contacting a US lawyer and that if he won't give me a divorce I would make sure that he would have to give me spousal support. He seems threathened. I just could not think of other possible reasons why he is making this complicated and not finish it off right away.

 

He needs to man up and do right by you, or let you go. 

 

In parts of the US, one would say, "He needs to shit, or get off the pot." 

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Davaoeno

I sort of told my ex that I am contacting a US lawyer and that if he won't give me a divorce I would make sure that he would have to give me spousal support. He seems threathened. I just could not think of other possible reasons why he is making this complicated and not finish it off right away.

 

I think you started off the right way by attempting to get a US attorney involved.  I think your best way to do this is through a US womens group set up specifically to help abandoned wives.  Hopefully one letter from a US attorney telling him that either he starts divorce proceedings immediately or else a case will be filed against him for a division of family assets and for spousal support will get him off his ass .  And of course he will end up having to pay for your attorney.

 

From my experience there are usually filipino attorneys in countries other than the Philippines  who specialize in getting money out of foreign citizens - often on a contingency basis.  For some its their main business. 

 

 

Legal Services of Southern Piedmont - Immigrant Justice Program Areas of legal assistance: Adjustment of Status, Asylum applications, Consular Processing, Deferred Action for Childhood Arrivals (DACA), Employment authorization, NACARA, Removal hearings, Special Immigrant Juvenile Status, T visas, Temporary Protected Status (TPS), U visas, Violence Against Women Act (VAWA) petitions Types of legal assistance: Filings with USCIS, Representation at Asylum Interviews (Credible Fear Interviews, Reasonable Fear Interviews), Representation before the Immigration Court, Representation before the Board of Immigration Appeals (BIA) Location: 1431 Elizabeth Ave, Charlotte, NC 28204 Contact: (704) 376-1600, http://www.lssp.org

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Davaoeno

I would contact someone like this and ask them to refer you to the right people:

 

 

United States of America The Immigrants Legal Assistance Project of the North Carolina Justice Center Address

 

Immigrants Legal Assistance Project
North Carolina Justice Center
P.O. Box 28068
Raleigh, NC 27611

 

Contact Information

If calling from United States of America:

Tel: 919 856 3195 
Fax: 919 856 2175

 

If calling from overseas:

Tel: +1 919 856 3195 
Fax: +1 919 856 2175

 

 

Website Email

 

 

Alternate Address
224 South Dawson Street
Raleigh, NC 27601

 

Activities

 

The Immigrants Legal Assistance Project of the North Carolina Justice Center provides direct legal assistance to low-income immigrants with certain legal problems related to immigration law, such as those seeking asylum and those seeking legal status because they are victims of human trafficking or victims of other crimes, including domestic violence.

The Immigrants Legal Assistance Project does not charge for their legal services.  Members of staff serve on North Carolina's statewide anti-trafficking Task Force and regional response team.  They welcome donations and volunteers.

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shadow

I would contact someone like this and ask them to refer you to the right people:

 

 

United States of America The Immigrants Legal Assistance Project of the North Carolina Justice Center Address

 

Immigrants Legal Assistance Project

North Carolina Justice Center

P.O. Box 28068

Raleigh, NC 27611

 

Contact Information

If calling from United States of America:

Tel: 919 856 3195 

Fax: 919 856 2175

 

If calling from overseas:

Tel: +1 919 856 3195 

Fax: +1 919 856 2175

 

 

WebsiteEmail

 

 

Alternate Address
224 South Dawson Street

Raleigh, NC 27601

 

Activities

 

The Immigrants Legal Assistance Project of the North Carolina Justice Center provides direct legal assistance to low-income immigrants with certain legal problems related to immigration law, such as those seeking asylum and those seeking legal status because they are victims of human trafficking or victims of other crimes, including domestic violence.

The Immigrants Legal Assistance Project does not charge for their legal services.  Members of staff serve on North Carolina's statewide anti-trafficking Task Force and regional response team.  They welcome donations and volunteers.

What he said!

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Salty Dog

If she told him she wants a divorce, but he doesn't want one. How is that abandonment on his part?

 

Didn't she say he was working on a Spousal Visa to get her to the USA, but now she wants a divorce instead.

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smokey

I think you started off the right way by attempting to get a US attorney involved.  I think your best way to do this is through a US womens group set up specifically to help abandoned wives.  Hopefully one letter from a US attorney telling him that either he starts divorce proceedings immediately or else a case will be filed against him for a division of family assets and for spousal support will get him off his ass .  And of course he will end up having to pay for your attorney.

 

From my experience there are usually filipino attorneys in countries other than the Philippines  who specialize in getting money out of foreign citizens - often on a contingency basis.  For some its their main business. 

 

 

Legal Services of Southern Piedmont - Immigrant Justice Program Areas of legal assistance: Adjustment of Status, Asylum applications, Consular Processing, Deferred Action for Childhood Arrivals (DACA), Employment authorization, NACARA, Removal hearings, Special Immigrant Juvenile Status, T visas, Temporary Protected Status (TPS), U visas, Violence Against Women Act (VAWA) petitions Types of legal assistance: Filings with USCIS, Representation at Asylum Interviews (Credible Fear Interviews, Reasonable Fear Interviews), Representation before the Immigration Court, Representation before the Board of Immigration Appeals (BIA) Location: 1431 Elizabeth Ave, Charlotte, NC 28204 Contact: (704) 376-1600, http://www.lssp.org

Getting way over me head guy went to a lot of $$$$$$$$$$$$$$$$$$$   and trouble to come here and marry a student ?  only to go back to the usa and not want her? Weird

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