what to do

[pinaypie]

What is the name of your state (only U.S. law)? Florida

Hi. I have a few question.
Heres my situtation.. I have 2 kids that i left in the philippines and i was petitioned by my grandparent, when i went to florida i was not married yet.. So after three months i finally got my green card and told my boyfriend back in the Phil. that i will petition my kids, but he refused! he told me that i cant get my kids unless i marry him first.. i got scared, i dont want to lose my kids. decided to go back to the philippines to marry my Boyfriend,.. But i never changed my status when i came back to florida.. meaning, my status is still single.

Havent gone home for 5 years, my husband told me that he found someone..and he told me that i cant get my kids,he wont give me.. .i didnt insist because i lost my job ..so i just let my kids stay with him and his wife. i didnt file a divorce because my status is still single here. I thought nothing to worry about since he is happy now. but after 5 years,i have found another one and we got married.

So now, my previous hubby is letting me petition my kids now, but my problem is ,is it going to be a problem since im married here and in the philippines. if incase the immigration check my papers can this cause a conflict?

i understand that my kids are illigitimate because as ive said, i wasnt married when i had them. can i still petition them? will the immigration ask for my marriage certificate from the philippines? what if they found out that im married twice? are they going to deport me or something?

help.. i really want to get my kids.. and i dont know what to do..just visiting an attorney and asking for consultation cost money.. so im trying my luck here if anybody knows the answer.. thank you so muchWhat is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Florida

Hi. I have a few question.
Heres my situtation.. I have 2 kids that i left in the philippines and i was petitioned by my grandparent, when i went to florida i was not married yet.. So after three months i finally got my green card and told my boyfriend back in the Phil. that i will petition my kids, but he refused! he told me that i cant get my kids unless i marry him first.. i got scared, i dont want to lose my kids. decided to go back to the philippines to marry my Boyfriend,.. But i never changed my status when i came back to florida.. meaning, my status is still single.

Havent gone home for 5 years, my husband told me that he found someone..and he told me that i cant get my kids,he wont give me.. .i didnt insist because i lost my job ..so i just let my kids stay with him and his wife. i didnt file a divorce because my status is still single here. I thought nothing to worry about since he is happy now. but after 5 years,i have found another one and we got married.

So now, my previous hubby is letting me petition my kids now, but my problem is ,is it going to be a problem since im married here and in the philippines. if incase the immigration check my papers can this cause a conflict?

i understand that my kids are illigitimate because as ive said, i wasnt married when i had them. can i still petition them? will the immigration ask for my marriage certificate from the philippines? what if they found out that im married twice? are they going to deport me or something?

help.. i really want to get my kids.. and i dont know what to do..just visiting an attorney and asking for consultation cost money.. so im trying my luck here if anybody knows the answer.. thank you so muchWhat is the name of your state (only U.S. law)?

You're not going to straighten this out on your own. Both you and your husband are committing bigamy and then there are a variety of immigration issues thrown in for good measure.

Find an attorney who will work with you or see if you qualify for legal aid.

 

[Farfalla]

All US states recognize marriages and divorces from other countries. Both you and the guy you married in Florida are guilty of bigamy, it's a 3rd degree felony. You do need to see an attorney. Your new marriage is void.. It’s not a marriage.

I believe that bigamy is a crime in the Philippines too. Right?

You need to get a divorce or an annulment in FL as soon as possible to cure the problem. What does your FL husband say about all of this? Does you know that you are already married? Will he go along with a divorce until you get your other marriage resolved?



Then you can file for a divorce from your husband in the Philippines. Hopefully he won’t give you any grief over it. You can probably file in Florida. At this time you could solve your child custody and visitation issues.

After you are divorced in the Philippines you can remarry this new guy in the USA.

Here are is the Florida Bigamy law

CHAPTER 826: BIGAMY; INCEST

826.01 Bigamy; punishment. ---
Whoever, having a husband or wife living, marries another person
shall, except in the cases mentioned in s. 826.02, be guilty of a felony
of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.

826.02 Exceptions. ---
The provisions of s. 826.01 shall not extend to any person:

(1) Who reasonably believes that the prior spouse is dead.

(2) Whose prior spouse has voluntarily deserted him and remained
absent for the space of 3 years continuously, the party marrying again
not knowing the other to be living within that time.

(3) Whose bonds of matrimony have been dissolved.

(4) Who violates its provisions because a domestic or foreign court
has entered an invalid judgment purporting to terminate or annul the
prior marriage and the defendant does not know that judgment to be
invalid.

(5) Who reasonably believes that he is legally eligible to remarry.

826.03 Knowingly marrying husband or wife of another. ---

Whoever knowingly marries the husband or wife of another person,
knowing him or her to be the spouse of another person, shall be guilty
of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.

Florida Statutes On Bigamy; Incest, Lewdness, Indecent Exposure, Prostitution (1993)

 

[pinaypie]

thanks

first of all, thanks for the answer..

i was wondering if how can i divorce my first husband if i didnt file a change of status when we got married. only now that im married to the second one, i changed my status here in the U.S as married. but when i married my first husband in the philipiines and went back here, i didnt change my status and didnt even change my name. so i was wondering how can i divorc e him if my status before is sngle? do you get what im saying? im sorry if it sound confusing.. but yeah, i didnt change my last name and even my status when i married my first one,. so i dont know how would i be able to divorce him

 

[Farfalla]

Does your husband in the Philippines want a divorce? How easy is it to get on there? My impression is that you do not want to property settlement, just a divorce. Have you looked online to see if there are any online services that provide the forms for divorce in the Philippines as there are online services for doing that in the USA?

Or you could always just get the quickie divorce forms off the internet for your state, fill them out and send them to the guy in the Philippines to have him sign them. Do you think he’d sign it? Have him sign the form for waiving his appearance, file it and it will be done in a few weeks.

Of course if a property settlement becomes an issue or if he fights it, it might be a bit more complicated. Why not try the quick and easy path first?

Read the info in the following link… it points to inexpensive and do-it-yourself options for a divorce…

https://forum.freeadvice.com/divorce-separation-annulment-36/announcements.html