my hubby and his ex tranny gf living together.

[flora]

My husband and i married 1 yr and 3 months and we have 5 months old baby girl. Before we get married he and his gf bought a house and lot. I don't remember he told me about it before we get married. i remember he have told me his ex live next door which i understand is neighbor not in same house. We always argue because i always see her get in to his room when we on video call first i try to understand him i thought past is past. But now while it is longer i feel fear in my heart. He said he don't have much money to support me and my child so he want me to live with them in one roof with his tranny. (he claim they have no more sexual attraction fr each other) i don't believe that. We always lots of dis agree most specially when the tranny involve he stand up for her. He have applied cr1 visa for me my daughter is american citizen when i reg her to us embassy. and the petition in us nivc approved and im just waiting for my apperance and final interview at us embassy here in manila. Do i have the rights to refuse to go usa? and based on my friend she said maybe he take me there and then report me for not capable to be a mother of my child. btw he left me going back to us i was 1mons pregnant since then until now he never come. pls help me how can i protect myself and my child. any advice will be appreciated thank you very much,,,
yours trully,
flora

[Disagreeable]

Re: my hubby and his ex tranny gf living together.

You have every right to not leave your country with the child. Further, as you are not living in a marital relationship with him, you will likely be leaving the US rather quickly, for a fraudulent marriage. It appears he plans on you doing it without the child. Part of becoming a US citizen in your circumstances, requires you be living together in a true relationship as husband and wife. Far from what you are currently doing. If you admit this to the embassy there, they will stop the processing and you may pursue dissolving the marriage.

[flora]

Re: my hubby and his ex tranny gf living together.

Thanks Disagreeable,,,,That is what i worried about. Maybe they both planning something against me. It is obviously they just wanted only my child. Btw if i refuse to come do i have to inform the reason? anyway im willing to show our conversations. he always swearing at me even call me *****. one time i caught her get in to his room with bathrub. i think she dont know im still on cam with him. he explain to me she wish to use the computer even i dont ask him then i make a joke said dont let her seduce u... he get mad and swear at me.

[Disagreeable]

Re: my hubby and his ex tranny gf living together.

As I noted, you not only do not need to come and suffer threats. You can contact the embassy, notify them you nor the child have lived with him as a family and you wish your petition and your childs, to be withdrawn or denied.

[flora]

Re: my hubby and his ex tranny gf living together.

ok i will do that.. Thank you very much... i think i better do it soon before her passport done.

[Disagreeable]

Re: my hubby and his ex tranny gf living together.

Good Luck.

[Friend In Court]

Re: my hubby and his ex tranny gf living together.

The best way to be assured you will be allowed to remain in the Philippines with your child is to file for annulment and support and have your husband served before he leaves the Philippines.

Philippine law which does not recognize divorce has very narrow grounds for annulment:

Art. 45 of [/The Family Code of the Philippines states 6 grounds by which the court can annul a marriage.

The grounds for annulment of marriage are:

1. Absence of Parental Consent. A marriage was solemnized and one or the other party was eighteen (18) years of age or over but below twenty-one (21) and consent was not given by the parents, guardian or person having substitute parental authority. The Petition of Annulment must be filed within five (5) years of having attained the age twenty-one. However, if the parties freely cohabited with the other as husband and wife after having reached the age of twenty-one (21) a Petition of Annulment can no longer be filed.

2. Mental Illness. One or the either party was of unsound mind at the moment of the marriage. But if the parties freely cohabited with each other after he or she came to reason the law prohibits the filing of a Petition.

]3. Fraud. That the consent of either party was obtained by fraud, unless such party once having knowledge of the fraud freely cohabited with the other as husband and wife. The petition must be filed within five (5) years of finding out the facts of the fraud.

4. That the consent of either party was obtained by force, intimidation or undue influence. Except when the same has ceased and the party filing the petition freely cohabited with the other as husband and wife. The injured party must file within five (5) years from the point in time the force, intimidation or undue influence disappeared or came to an end.[

5. One or the other party was physically incapable of consummating the marriage, and such incapacity continues and appears to be incurable. The filing of the Petition of Annulment must be filed within five (5) years after the marriage

6. Either party was at the time of marriage afflicted with a sexually-transmitted-disease (STD) found to be serious and seems to be incurable. This may also constitute fraud. The filing of the Petition of Annulment must be filed within five (5) years after the marriage."

From what you describe you may have grounds to allege fraud in the inducement -- that from the beginning he had no intention of living with you as husband and wife, exclusive partners, but a triangle instead his tranny girlfriend. The purchase of the lot next door prior to the marriage may be conclusive proof of your claim.

Once the petition for annulment is filed, the parties are before the court, the child may not leave the country without the court's permission, you may refuse to have passport issued or if issued, have it turned in to the court pending final decision. When you apply, you will be applying for not just the annulment, but support for the child and yourself, visitation, a restraining order from taking the infant outside the country without express court consent -- and you will have protection that can be enforced even should he and his tranny girlfriend decide to leave the Philippines. Once a support order is made, it can be enforced in most countries he would live, including the US. And should he take the child, it would be kidnapping and the child can be retrieved from any country that is a signatory to the Hague Convention


See a family law attorney immediately and take the action you need to take to protect yourself and your child.

Good luck to you.