HONG-KONG DIVORCE.. WITHOUT ANNULMENT IN PI

[Adam & May 4]

Although this should be a somewhat straight forward process, it isn't. There are several factors at play.

1. If the original marriage took place in the Philippines then there will be a marriage recorded in the Philippines. No matter where the subsequent foreign divorce took place there MAY be a problem going forward with a K1 Visa.

2. If the original marriage took place outside the Philippines then there will not be a marriage recorded in the Philippines. No matter where the subsequent foreign divorce took place, since the marriage did not take place in the Philippines there shouldn't be a problem witha K1 Visa.

3. I have read some posts that WHO does the filing for a divorce in a foreign country (foreign spouse or Philippine citizen) matters.

4. Three years ago, a new Philippine law made it easier for Philippine citizens, who had married a foreigner and subsequently divorced in the foreigner's country, to petition the court to get that divorce recognized (basically ammend the CENOMAR).

5. With a marriage recorded in the Philippines, without steps to get it annulled or foreign divorce recognized, there is no way that person can get married in the Philippines. That previous marriage must be cleared.

We are one year into the item 4 process and continue to wait on the ruling (no more hearings scheduled just waiting on the judge)

There is a lot of back and forth on this topic.

Here is what I do know (this is first hand, OK second hand because my fiance told me her experience on 12/10/2009)

Since we have been wating for over a year to get her foreign divorce recognized before filing our K1 (as most recommend) we decided to spend the money to see if she could qualify for a tourist visa. We were totally honest and upfront about our status and intent of it being just a visit. The CO interviewer told her no because, simply she has a USC fiance. He said she was a good candidate for K1.

She explained that we have been waiting to file our K1 because of her previous marriage in the Philippines (to a foreigner) and subsequent divorce in Japan. Since Philippine law states she is married she told the CO interviewer that she couldn't get married on a tourist visa visit in the U.S. as a AOS would result in the Philippines stating she was already married (nullifying ours). The CO interviewer told her that the U.S. recognizes Japanese divorces so she would be free to marry in the U.S.

He went on to comment that, if she has appeared before him for a K1 interview, with her Philippine Marriage document and her Japanese Divorce Decree that would have been good enough (for him).

I called the 800 number for visa assistance (listed on the USEM website, paid the $18) to get clarification. Of course, the guy couldn't say for sure what a CO interviewer would do. Nor could he answer my question regarding the rule about it (as if he implied some interviewers would say that is good enough and some wouldn't). He advised I write a letter to either email or fax to the USEM to ask my specific question. He said a fax would get faster attention than an email (due to the sheer volume of email they receive). I faxed it on 12/17 - no word yet.

After discussing it with my fiance, we decided that we will be filing our K1 Visa application with the documents we have in January.

Edited December 22, 2009 by Adam & May