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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3874
Experience:  Private practice in several areas, including immigration
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I have a fiancee in the Philippines who is still married to

Customer Question

I have a fiancee in the Philippines who is still married to another man who she has been separated from for 3 years, but it makes it impossible for me to bring her here with a k1 visa. We tried to get her a tourist visa so she could come the the United States, so we could obtain a divorce for her and then be married, but the interviewer at the US Embassy in Manila denied her, saying that her four children weren't a sufficient tie to the Philippines and that she didn't own property or have enough money there to guarantee her return. I need to know how to get her to the US so we can have a life together. Other than that, our only other option is for me to go and live in the Philippines with her and try to get her an annulment.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

There is no way for her to get an annulment?

Customer: replied 11 months ago.
To get an annulment in the Philippines can take 3 to 4 years and there's no guarantee they will grant it. One of the only ways is to prove that her husband is mentally incapacitated. It could cost us more than we can afford and then perhaps never be granted.
Customer: replied 11 months ago.
What I need to know is how to get her a visa so she can come to the United States. I can handle the rest from there once she is here with me.
Customer: replied 11 months ago.
Hello? Are you there?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Yes, I am here. Sorry for the delay. I am assisting other customers at the same time. What level of education does she have? She may have to try a worker visa that allows dual intent like an H-1B professional visa.

Customer: replied 11 months ago.
She has a high school education and no special skills. I tried to get the company I work for to sponsor her, but they said there would have to be no viable applicants locally to be able to bring her here for an unskilled position.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

It's not looking good. Is there a 3rd country that she could go to and live?

Customer: replied 11 months ago.
What good would that do?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Because in a third country, she could get divorced and process a visa over there. I'm trying, sir. This is the type of situation that is very frustrating and I, for one, don't want to get blamed for the crappy system of immigration law that we have in the U.S. I didn't write the laws. I sincerely ***** ***** help you, but it's not looking good.

Customer: replied 11 months ago.
The problem with that would be sending her to to a third country where she doesn't know anyone and has no means of support. Acquiring a divorce could take time, and depending on the country, who knows how long?
How would she survive?
Customer: replied 11 months ago.
I'm sorry, but I'm not seeing anything here that I didn't already know before coming to this site. I hope I will not be charged for this.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

But that's why I asked if she could go live in a third country meaning that she had a support system etc. Unfortunately, the options are limited at this point. There are few visas available that do not require non-immigrant intent and strong ties to the home country. The H-1B is one but she needs a bachelor's degree or higher. The O-1 is another but she has to be nationally or internationally recognized in her field. The P visa also recognizes dual intent but those are for artists or athletes. And finally, there is the L visa as an intercompany transferree. Does she have anything like I mentioned above? Or has she worked for an international company for 1 year out of the last 3 years?

Oh, and yes, you have already been charged, and you can ask for a refund no questions asked and WITHOUT leaving a negative rating. What is really bad here is that no one refunds my time. I don't get a salary to be here. So while you can walk away getting your money back, I don't get my time and effort back. I am trying to help. but please don't blame be for the system of laws over which I have no control over. Do you want me to continue?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

There are a few bad options that I can list for you, but I don't want to spend my time if you are just going to ask for a refund. I hope you understand. I want to help, I really do, but I won't have an easy or what I like to term "magic-wand" solution for you. I truly wish I did. I understand how frustrating this can be. I deal with it ALL the time. I've been on this website for over 8 years and it's not easy when most of U.S. immigration law is broken.

Customer: replied 11 months ago.
No, I think we're done here.
Everything you mentioned here is information available on the US Immigration website, which I had already investigated on my own. Since it doesn't apply to her, I was hoping that maybe a lawyer would know of some other recourse available.
I will be asking for my refund.
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Yes. You are stuck between a rock and a hard place. I understand. If you want to hear about the not so good options, you just let me know. Good luck to you.

Customer: replied 11 months ago.
There doesn't seem to be an option on this site to ask for a refund, how do I do it?
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

I will ask the administrators for you. No need to respond as it could delay the refund. Good luck.

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