Guam for Quickie Divorce for Marriages in the Philippines?

The facts about getting a divorce in Guam.

So your marriage in the Philippines has broken down and is beyond the point of reconciliation. Not wanting to go through the complex and expensive annulment process to dissolve a marriage in the Philippines, you decide to look east towards the tiny United States Federal Territory of Guam for a divorce and you think that this should be easy.

But is it really that easy?

The simple fact that under current Guam law, an uncontested divorce may be granted if both parties are in agreement to the terms of the divorce and at least one spouse visits Guam for a minimum of 7 days prior to filing the petition. Spending at least 7 days on the island stay satisfies the residency requirement for an uncontested divorce.

So you may think you just take a week’s vacation, file some papers and poof you are divorced?

Well it is easy but not that easy, consider...

• There is no such thing on Guam as a "non-resident divorce". However, under current Guam law, an uncontested divorce may be granted if both parties are in agreement to the terms of the divorce and at least one spouse visits Guam for a minimum of 7 days prior to filing the petition. The 7-day stay satisfies the residency requirement for an uncontested divorce. If either spouse does not agree to any terms, including child custody or property settlement, the petitioner must file for a contested divorce and must meet a 90 day residency requirement as well as provide reasonable notification to the off-island spouse.

• Property and Custody Settlement. If both parties are in agreement, a property settlement and child custodial agreement(notarized) may be attached to the petition and become part of the divorce decree. If the parties have not come to agreement on division of property or custody of the children, but still desire an immediate divorce, a divorce may be granted leaving contested property, custody and child support issues for another court having jurisdiction over the children and or property.

• Off-Island Spouse. An individual who has satisfied the residency requirements discussed above who desires to divorce a spouse who is not living on Guam, must give the spouse timely notice in the form of a Petition for Divorce. The spouse may consent to the divorce or may contest the petition by either appearing in person or by retaining a Guam attorney to appear for him/her in court. Should the spouse not respond within 30 days of the petition, the court may grant the divorce in their absence. The best way is to give ample notice and get an affidavit stating the Off-Island Spouse is not contesting the divorce or Property or Custody Settlement.

You may also be wondering that if your divorce is finalized on Guam, will it be recognized throughout the United States and of course, the rest of the world (minus the Philippines were divorce is not recognized. The answer is also yes because of the notion of full faith and credit. Under Article IV, Section 1 of the United States Constitution, it specifically states that:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

This means that a divorce validly entered into in one state or jurisdiction shall be recognized by all other jurisdictions.

As with most legal matters, this information is provided for information purposes only and should NOT be considered legal advice. Please consult a reputable attorney to address your particular situation.

Ryan Barshop

http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Immigration and Filipino Divorce!

There are many myths and falsehoods you need to be aware of.

Here is a scenario - A USA Army Officer comes to the Philippines, meets a beautiful Filipina, and they legally marry in the Philippines. Following marriage, he applies for a spousal visa for her and they move to the USA. After 20 years of marriage, they decide to divorce while living in the United States. At the time of divorce, she was still a citizen of the Philippines having not ever naturalized as a US citizen.

The following are common questions about this couple’s scenario and the common Answers (right, wrong or myth):

1. Their USA divorce is invalid because she is Filipina and the Philippines does not allow divorce, her only option is annulment.
2. Their divorce is valid only in the USA.
3. She can never remarry in the Philippines.
4. If they have children, they will always have the same legal rights whether their parents divorce in the USA or not.

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Now the TRUTH

1. Because at the time of divorce, one of the parties was not a Philippines citizen, the divorce is valid even in the Philippines. However, because the wife was still a Philippines citizen at the time of the divorce, if she wants to remarry in the Philippines she must seek a Judicial Recognition of Foreign Judgment
   When is the judicial recognition of foreign judgment/ divorce decree applicable? It is applicable when one of the parties to the marriage is a foreigner; and, the foreigner obtains a valid divorce/ nullity of marriage in his/her country.
2. The divorce and all associated separation agreements including property and child rights are valid.
3. She may remarry if she gets an annulment or a Judicial Recognition of Foreign Judgement.
4. Myth, Parental rights may apply in certain conditions, but only when the two parties do not agree in writing during the divorce.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Visa Denied What's Next?

So you applied for a tourist Visa to the USA for your spouse, paid the fee, filled out the application and did the interview. Then you are told the Visa application was denied. Most likely cause is the interviewer determined there was insufficient reasons to determine the applicant would return to the Philippines.

What do you do now?

1. Contact an Immigration Attorney - They can review your application and analyze your interview and assist you in providing truthful and credible justification of the ties that were missed the first time
2. Re-apply - Yes fill out a new application and pay your fee. There is no limitation on when, but your immigration attorney should help you, to avoid possible mistakes in the first application and interview preparation.
3. Prepare for the interview - do NOT think you need to embellish or exaggerate. It may or may not be the same person to interview you, and the danger is that they may get suspicious if your story is radically different. Remember this is subjective so your job is to provide additional ties you may have missed the first time. Check the list of well known ties interviews are looking for.

The ties that bind

1. Business Ties - do you run a business, have employees or have operational control over some part of an ongoing business where your return is necessary?
2. Family Ties - do you have family members here that need you? Children alone may not be enough but dependents are a factor. Remember it is subjective and therefore it is the total impression.
3. Home Ties - Are you an active member of the community or church? These ties may be the most influential but they also may not have come up in the first interview when asked,"Why do you think you will return?"
4. Political Ties - Are you active in politics at any level? You may not want to tell others how active you are, you may not want it public. But if you are, that may be something you share with the interviewer.

Remember the interview is subjective, it is your job to convince the interviewer. Clearly if you did the first application on your own, this time do it better with the assistance of an Immigration Attorney!

Good luck!

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

Getting Married to an American citizen on a Tourist Visa: Know the risks

If you are applying for a US tourist visa for purposes of marriage to an American citizen in the United States during your brief stay in the country and hope fast track your legal status from tourist/ visitor to immigrant, then you must think twice before doing it.

While love does move “in mysterious ways”, proving the validity of a whirlwind marriage to the probing eyes of United States Department of State can be extremely difficult and may hold unfavorable and devastating consequences to you and your fiancé/ fiancée.

Similarly, if your intention to obtain a tourist/ visitor visa is to marry an American citizen in the United States with the promise of coming back after your limited stay expires, that may still not guarantee you an approval from the US Embassy.

What are the risks?

Although you may reason that true love is the ultimate cause of your whirlwind marriage to your American citizen fiancé/fiancée, the Embassy is not easily get convinced that you are telling the truth. Due to the number of cases of visa fraud involving non-immigrants using their US tourist visas to hasten the process of applying for permanent residence by marriage to their American citizen lovers during their brief stay in the United States as tourists, your case, more than likely, will be an item for investigation.

Once the Embassy conducts a field investigation and you fail to prove that your intention to get married is not to hasten the process of obtaining immigrant status by immediately applying for permanent residence after the marriage, allowing you to have a reason to extend your stay in the United States, then you may face fraud charges and possibly be banned from entering the United States. Your US citizen fiance at the same time may be subjected to criminal prosecution if it is proven that he/ she took part in assisting with fraud.

What is the better option?

Because nothing is impossible, coming to the United States on a tourist visa and meeting someone who is an American citizen and marrying that someone during the tourist visa holder’s brief stay can happen. It can even be a viable reason for the tourist to adjust their status from a visitor to permanent residency after the marriage but the potential risks of proving that the couple’s intentions are pure and not fraudulent can still be a looming possibility.

There are many other ways to get married and obtain immigrant status in the United States but they have certain requirements that involve a lengthier process. Sometimes, for various reasons ranging from poor health to financial constraints, applicants trying to get to the United States on a permanent basis through marriage find ways to shorten the process by resorting to illegal and fraudulent means such as using a tourist visa instead of properly applying for a K1 or Fiancé/ Fiancée Visa.

What’s the difference between a tourist/ visitor visa and a K1 visa?

There are two kinds of visitor visas, a "nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence".

A tourist/ visitor visa is obtained by people who want to stay in the United States on a temporary basis.

Technically, a tourist visa falls under three categories.

The B-1 tourist visa is obtained for business purposes. The B-2 tourist visa is obtained for pleasure such as tourism, vacations or for visiting purposes. The B-1/B-2 tourist visa is a combination of both.

According to the US Department of State, obtaining permanent residence is not allowed on visitor visas.

To find out what are permitted and not permitted on visitor visas, here.

On the other hand, K-1 visa is a non-immigrant visa that allows the applicant to get married with his or her American citizen fiancé/ fiancée for a limited time in the United States. This type of visa allows the applicant to obtain permanent residence after the marriage ceremony has taken place and the proper application for permanent residence had been filed.

To get more information about K-1 visa, you may visit the USCIS website or click here.

I want to know more about my options, who can I contact?

Consulting a licensed immigration attorney is the best option if you want to know more about getting married in the United States with your American citizen fiancé/ fiancée without fear of facing potential legal risks and consequences.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.

How Difficult is it for a US Citizen to bring his/her Filipino/Filipina Partner/Spouse to the United States for a Visit?

Easy if you know the ins and outs!

1. The common misconception is that all it takes is money in the bank. That is a factor, but not the only factor.


2. The key to focus on is the US Embassy's determination if the visa applicant has established "sufficient ties." This a broadly defined term and it eventually boils down to whether the interview American consular officer is convinced that the Filipino visa applicant will come back upon the conclusion of their trip.


3. If the "ties" are substantial like the following you are more likely to be approved:
   • The Filipino/Filipina has an ongoing business here;
   • Membership in Philippine Organizations such as Church or Charities;
   • Children in Philippine Private School
   • Any subjective factor in the eyes of the interviewer.


4. The following may NOT be viewed as sufficient "ties"
   • Just having children, especially teens;
   • Bank Accounts;
   • Jobs, especially if the Philippine Job is not unique to the Philippines
   • Land or other fixed assets as they can always be sold;
   • Here too if in the opinion of the interviewer there are insufficient ties.

This is not intended to hassle anybody, so getting up tight or irritated is not going to be helpful.

Be prepared but not scared. Be honest and cooperative. Any sense of evasion may mean a denial of the Visa.

If you are turned down there is a waiting period to reapply. If they judge there was deception the denial may carry additional restrictions. We will talk about the appeal and reapply process in future blogs.

How to Apply

1. Pay the visa application fee.


2. Complete the Nonimmigrant Visa Electronic Application (DS-160) form.


3. Schedule your appointment on the web page at http://www.ustraveldocs.com/ph/ph-niv-typeb1b2.asp


• You will need three pieces of information in order to schedule your appointment:
  • Your passport number
  • Your MRV fee payment receipt number
  • The ten (10) digit barcode number from your DS-160 confirmation page
• Visit the U.S. Embassy/Consulate on the date and time of your visa interview.

Keep Cool but don't freeze. Enjoy your trip!
If you need help or run into problems don't hesitate to call me.

Ryan Barshop
http://bridgewayimmigration.com/blog

Article Disclaimer: This article is made available by the lawyer publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Use of this article does not create an Attorney Client Relationship. This article does not offer or dispense legal advice. By using the article, the reader agrees that the information does not constitute legal or other professional advice and no attorney-client or other relationship is created. The article is not a substitute for obtaining legal advice from a qualified attorney licensed in your jurisdiction. The information on the article may be changed without notice and is not guaranteed to be complete, correct or up-to-date. The opinions expressed at or through the article are the opinions of the individual author. The article should not be used as a substitute for competent legal advice from a licensed professional attorney in your jurisdiction.