K-1 Petition - PI - beneficiary previously married...[edited title]

[FILIPINAFLYGIRL 0]

hey guys...i too am getting ready to send in my petition but got stuck on one last thing...maybe someone can help answer this...

my fiance was previously married to a us citizen...they are now divorced and she has remarried...problem is the philippines does not recognize divorce...what should i do?

[HeatDeath 430]

This should probably be it's own thread. You'll get more, better answers quicker.

The only way to get a fiancee visa through The PI consulate is for the beneficiary to produce a PI government document called a CENOMAR - Certificate of No Marriage. If she cannot produce a CENOMAR, she will not be getting a fiancee visa.

The normal course of action in PI is to get an annulment. This is a much bigger pain to get than a divorce, but serves the same purpose - it deletes the registration of the marriage from the government records, and allows someone who was once married to get a CENOMAR.

If, for whatever reason, she cannot get an annulment, she will not be able to get a CENOMAR, and you will not be able to get a fiancee visa. You'll have to start looking at the option of marrying her first and going for a spousal visa. But even marrying her will probably be a problem if she's still technically married to her last husband - any officiant in PI will almost certainly want to see a CENOMAR too, and if you marry outside PI without a CENOMAR, the US consulate in PI [not to mention the PI government] may consider it bigamy on her part, and not consider it a valid marriage. If the first husband has vanished and/or is not willing to participate in the annulment process, an annulment in absentia can be done, but can easily take over a year to get, and you'll need that before you even begin either a fiancee or spousal visa process. You could be in for a long wait.

You can find much more detailed information about this in the PI regional forum. This is just what I've picked up from reading PI folks posting around here.

[Jimmyzr1 36]

This should probably be it's own thread. You'll get more, better answers quicker.

The only way to get a fiancee visa through The PI consulate is for the beneficiary to produce a PI government document called a CENOMAR - Certificate of No Marriage. If she cannot produce a CENOMAR, she will not be getting a fiancee visa.

The normal course of action in PI is to get an annulment. This is a much bigger pain to get than a divorce, but serves the same purpose - it deletes the registration of the marriage from the government records, and allows someone who was once married to get a CENOMAR.

If, for whatever reason, she cannot get an annulment, she will not be able to get a CENOMAR, and you will not be able to get a fiancee visa. You'll have to start looking at the option of marrying her first and going for a spousal visa. But even marrying her will probably be a problem if she's still technically married to her last husband - any officiant in PI will almost certainly want to see a CENOMAR too, and if you marry outside PI without a CENOMAR, the US consulate in PI [not to mention the PI government] may consider it bigamy on her part, and not consider it a valid marriage. If the first husband has vanished and/or is not willing to participate in the annulment process, an annulment in absentia can be done, but can easily take over a year to get, and you'll need that before you even begin either a fiancee or spousal visa process. You could be in for a long wait.

You can find much more detailed information about this in the PI regional forum. This is just what I've picked up from reading PI folks posting around here.

Is a Cenomar still required if one has an annulment. We did not get one and her interview is coming soon.

[HeatDeath 430]

I don't quite understand the question. Did you not get an annulment? Or did you not get a CENOMAR?

The thing I'm not quite sure about is if the PI government recognizes foreign divorces. If they do, she'll be able to get a CENOMAR. If they don't she'll have to get an annulment before they'll give her a CENOMAR.

But I am quite certain that the consulate will want to see a CENOMAR either way, when they interview someone for a fiancee visa, and it could be quite problematic if you don't have one.

[tallcoolone 102]

hey guys...i too am getting ready to send in my petition but got stuck on one last thing...maybe someone can help answer this...

my fiance was previously married to a us citizen...they are now divorced and she has remarried...problem is the philippines does not recognize divorce...what should i do?

Were they married in Philippines or USA

Either way I am sure a CENOMAR will have to be produced by the beneficary

[HeatDeath 430]

I should clarify here:

It's the PI beneficiary, male or female, who needs to have the CENOMAR.

The US consulate should, I think, accept the US citizen's word that they are legally free to marry [just as US consulates everywhere else do], and the PI government wouldn't care about the US citizen's marital history unless the wedding were to occur in the PI, and perhaps not even then.

[sunandmoon 450]

I should clarify here:

It's the PI beneficiary, male or female, who needs to have the CENOMAR.

The US consulate should, I think, accept the US citizen's word that they are legally free to marry [just as US consulates everywhere else do], and the PI government wouldn't care about the US citizen's marital history unless the wedding were to occur in the PI, and perhaps not even then.

to get married in the Philippines, a US Citizen has to go to the US Embassy to obtain an Affidavit in lieu of Certificate of Legal Capacity to Contract Marriage.

[FILIPINAFLYGIRL 0]

great thanks everybody!

[tallcoolone 102]

to get married in the Philippines, a US Citizen has to go to the US Embassy to obtain an Affidavit in lieu of Certificate of Legal Capacity to Contract Marriage.

Is that much of a pain in the rear for an American to get married in Philippines.

I am surprised American get married over there, seems like a major hassle..........

[sunandmoon 450]

I don't quite understand the question. Did you not get an annulment? Or did you not get a CENOMAR?

The thing I'm not quite sure about is if the PI government recognizes foreign divorces. If they do, she'll be able to get a CENOMAR. If they don't she'll have to get an annulment before they'll give her a CENOMAR.

But I am quite certain that the consulate will want to see a CENOMAR either way, when they interview someone for a fiancee visa, and it could be quite problematic if you don't have one.

they do if it was initiated by the foreign spouse. the Filipino Spouse would then need to obtain a Judicial Recognition of Foreign Divorce.

[HeatDeath 430]

to get married in the Philippines, a US Citizen has to go to the US Embassy to obtain an Affidavit in lieu of Certificate of Legal Capacity to Contract Marriage.

they do if it was initiated by the foreign spouse. the Filipino Spouse would then need to obtain a Judicial Recognition of Foreign Divorce.

Good to know. Thank you.

[see? I knew this forum would have much more specifically useful answers than the main forum this thread was split from!]

[rheanick 42]

hey guys...i too am getting ready to send in my petition but got stuck on one last thing...maybe someone can help answer this...

my fiance was previously married to a us citizen...they are now divorced and she has remarried...problem is the philippines does not recognize divorce...what should i do?

For better response, you need to supply additional information:

Filipinaflygirl: are you the USC in the petition or are you the USC petitioner (just to clarify)

Is your fiance (filipino) first married done in the US or Philippines

Who filed for divorce, your filipino fiance or the USC ex-wife