Comment:
I will soon be divorced in a few weeks. I wish to marry again. I
was told I would need to get a bifurcation of marriage to avoid the 6
month wait period after a divorce. Is this true and is this the
correct term? I am a u.s. citizen and wish to marry a filipina
national. Is there a 6 month wait before a marriage is possible to a
foreign person ? I wish to marry a filipina and bring her over with
her child on a fiance visa. Thank you. I also wish to hire an
immigration atty.
Ray R. in California
Fiancee in the Philippines
___________________________________________________
Ray, Bifurcation is a legal process where you separate the divorce
decree from all other issues involved in the divorce, such as the
division of assets or child and spousal support issues. It is possible
to obtain a divorce decree without settling all other issues. However,
in California the divorce itself must take 6 months measured from the
time of service of process on the Respondent. In other words,
bifurcation will not avoid the six-month waiting period. If you want a
quicker divorce you would need to obtain one outside of California,
which is possible depending on your circumstances and whether your
spouse agrees. You would need to phone me to discuss particulars. . .
.
Allan S. Lolly, Esq.
Holmes & Lolly, Immigration Attorneys
858-483-0300
attorneys@fianceevisas.com
___________________________________________________
Sorry sent the mail too soon. I would like to hire you as our
attorney once my divorce is final. What I am confused about is this.
She was served on September 26 of 2006. We are settling out of court
in a few weeks. Lets say the divorce is signed by a judge on march
30th. Do I still have to wait 6 months before I can marry a filipina
national? Or did the 6 months start the day she was served? And If I
have to wait 6 months is there a way around the 6 month period? I
would like to hire you as I said as our attorney. I will definitely have you represent us. Thank you for your time and I hope I was able
to explain my question better. I hear so many different stories on
what I need to do. Your web site answered a lot of my questions. Oh and
last question. Can we petition her son and bring him over at a later
date. Like 3 or 6 months later? Thank you once again.
Ray R. in California
Fiancee in the Philippines
___________________________________________________
Ray, You will become free and eligible to marry anytime after March
26, 2007, and when the judge signs your divorce decree granting a
divorce. We must include the child up front as part of K visa
processing on either a fiancee or spousal visa. Once filed we can
split the cases in two parts and have the child's case track more
slowly. Basically, we can begin anytime now preparing for either a
fiancee or spousal visa . . . Please let us know how you would like to
proceed, or call me to discuss at 858-483-0300. Our phone hours are
Monday through Friday, 8 a.m. to 4 p.m., PST in California. Thank you.
Allan S. Lolly, Esq.
Holmes & Lolly, Immigration Attorneys
858-483-0300
attorneys@fianceevisas.com
___________________________________________________
Thank you for this info. I also forgot to say. while I am in the
final stage of my divorce she is almost through with her annulment.
She was legally married for 11 years. The same as my self. Only, she
only lived with him for 3 month. She was not able to afford an
annulment. So As soon as I get my divorce final. I will make an appt.
to start the process. I have been to 4 other attorneys and have left
not knowing what to do or what course to take. I will definitely use
your firm. My name is Ray R. I work at [in California]. I have been
employed there for 10 yrs and 9 months. This is my office #[deleted].
I am there from 6 am till 2:30 pm. This is my cell #[deleted]. Thank
you so much for your help in this matter. I have been asking questions
[of other attorneys] since Jan 12th. I was in the Philippines at that
time to meet her and her family. I will be returning to the
Philippines on April 29th.. I will call and set an appt. When I hear
from my atty. on our final date for the settlement.
Ray R. in California
Fiancee in the Philippines
___________________________________________________
Ray, It really is simply a difference in experience. When you have
an attorney who has been handling these matters for years you get
ready answers and quick action on cases. Let me know when you are
ready. I do appreciate the compliment. Thank you.
Allan S. Lolly, Esq.
Holmes & Lolly, Immigration Attorneys
858-483-0300
attorneys@fianceevisas.com
