K-1 Marital Status Change

[XtrovertTwins 0]

First off, I would like to thank everyone for contributing their knowledge and experience to this site. It is of great help and very much appreciated. I have read several threads and can feel the anguish people are going through.

I am currently waiting to file the I-129f due to my fiancé' annulment. She currently resides in the Philippines and we have been together since 2010. The marriage has already been null and void by the court in May 2014. However, it appears the process has to go through NSO. There are a few uncertainty I have in order to proceed with filing the petition.

Since the marriage has been considered null and void by the court, can I go ahead and proceed to file the I-129f without the remaining process going through the NSO?

Annulment is define as if the marriage didn't exist. Do I need to fill out my fiancé prior spouse (section 13a - 14d) since she will be considered "Single"?

Any assistance in this matter is greatly appreciated.

[Ed and Gina 45]

Since she was previously married, that information must be provided. You'll need the court doc to file the I-129 - she will need the NSO copy for her interview. Although, it would be better if you have the NSO copy - original. Likewise, if you were previously married, you would have to provide a notarized copy of your final decree of divorce. Annulment is the only form of "divorce" acceptable in the Philippines for Filipinos. Divorce does not exist in the PI. Null and Void does not mean that she wasn't married before.

She will also have to get a CENOMAR (Certificate of No Marriage) from the NSO that will state that she is free to marry and that any previous marriages have been legally annulled.

Others who have a bit more experience with annulment will likely provide additional info.

Good Luck!

[mik2012 17]

Please be advised: Technically your Fiancee is not free to marry until she gets all of her documents for the annulment. My wife is from the Philippines and we had to wait until the final decree was registered at the NSO. Some let it slip and have no issues and others end up having big issues. Do a search and you can read what I am saying.

[XtrovertTwins 0]

Thank you so much for your assistance. As I had speculated, I will need to wait until the process has been completed. The anticipation, although worthwhile is excruciatingly painful.

Thank you again.

[Harpa Timsah 13,258]

You will need to disclose the previous marriage in the paperwork too. An annulment does not make the marriage disappear in law, maybe only in religion.

[XtrovertTwins 0]

You will need to disclose the previous marriage in the paperwork too. An annulment does not make the marriage disappear in law, maybe only in religion.

You're absolutely right. Only in religion.

Thank you.

[Pitaya 2,577]

~Moved from K1 Process to Phil. Regional Forum~

~inquiry is country-specific~

[merryme 0]

Hi! When my fiancee, now husband, filed his I-129F, he included the NSO copy of my marriage contract with the annotation of its nullity and voidance. At that time, I still didn't have a CENOMAR. Actually, I thought that the marriage contract with the annotation was enough. But, nevertheless, my husband's I-129F was approved.

At the interview though, I was asked for the CENOMAR. Not having it set my approval back by at least 2 weeks. But I got it anyway! ?

[Greenbaum 12,259]

Ed and Gina, on 01 Aug 2014 - 3:15 PM, said:

Since she was previously married, that information must be provided. You'll need the court doc to file the I-129 - she will need the NSO copy for her interview. Although, it would be better if you have the NSO copy - original. Likewise, if you were previously married, you would have to provide a notarized copy of your final decree of divorce. Annulment is the only form of "divorce" acceptable in the Philippines for Filipinos. Divorce does not exist in the PI. Null and Void does not mean that she wasn't married before.

She will also have to get a CENOMAR (Certificate of No Marriage) from the NSO that will state that she is free to marry and that any previous marriages have been legally annulled.

Others who have a bit more experience with annulment will likely provide additional info.

Good Luck!

A Muslim Divorce is acceptable and is recognized by both the Phil and USEM as long as your paperwork is in order. Muslim laws of the Philippines supersede the Civil Code of the Philippines.

You can read more in this thread from about 2 months ago. http://www.visajourney.com/forums/topic/503722-required-documents-for-muslim-divorce/

[Greenbaum 12,259]

XtrovertTwins, on 01 Aug 2014 - 2:38 PM, said:XtrovertTwins, on 01 Aug 2014 - 2:38 PM, said:

First off, I would like to thank everyone for contributing their knowledge and experience to this site. It is of great help and very much appreciated. I have read several threads and can feel the anguish people are going through.

I am currently waiting to file the I-129f due to my fiancé' annulment. She currently resides in the Philippines and we have been together since 2010. The marriage has already been null and void by the court in May 2014. However, it appears the process has to go through NSO. There are a few uncertainty I have in order to proceed with filing the petition.

Since the marriage has been considered null and void by the court, can I go ahead and proceed to file the I-129f without the remaining process going through the NSO?

Annulment is define as if the marriage didn't exist. Do I need to fill out my fiancé prior spouse (section 13a - 14d) since she will be considered "Single"?

Any assistance in this matter is greatly appreciated.

Yes you can start your I-129f without the NSO copy. You will need the NSO copy for the interview and since it's taking about 90 days for NVC approval you should have no problems. It's what we did for our process and we had no problems.

I would like to give you an outline what is needed to complete the registration of your annulment with all Phil governmental agencies to insure you have smooth sailing in getting the proper documents for your interview and avoiding 221(g)'s.

Once you attain the divorce/annulment (this procedure is for either or) you will need the decision of the divorce (works also for an annulment), entry of judgment, then the decree of divorce (annulment). Then you’ll need to secure copy of the marriage contract with the divorce (annulment) annotated on it. A total of four documents. You’ll need to wait 20 days from receipt of the Solicitor General of copy of the decision before you can secure the Entry of Judgment. After securing the Entry of Judgment, you will have to register the same to the Local Civil Registrar where the marriage took place or Filipino’s hometown. The said office will transmit the same to the NSO. You will show the Court what date the LCR transmitted the documents to the NSO. With the proof of receipt of the NSO, the Court will then issue the Decree of Divorce (Annulment). After 15 days from receipt of the NSO of your documents, you can now request a copy of the marriage contract with the annotated divorce (annulment) proceedings. You need to request at least 4 certified copies for future use.

I hope this helps.

Edited August 2, 2014 by Greenbaum

[Ed and Gina 45]

A Muslim Divorce is acceptable and is recognized by both the Phil and USEM as long as your paperwork is in order. Muslim laws of the Philippines supersede the Civil Code of the Philippines.

You can read more in this thread from about 2 months ago. http://www.visajourney.com/forums/topic/503722-required-documents-for-muslim-divorce/

Ok. Wasn't aware of that...

When you say that Muslim supersede Civil Code of the PI...does that mean Sharia Law is practiced and acceptable?

[Greenbaum 12,259]

Ed and Gina, on 02 Aug 2014 - 1:44 PM, said:

Ok. Wasn't aware of that...

When you say that Muslim supersede Civil Code of the PI...does that mean Sharia Law is practiced and acceptable?

Muslim Divorces are adjudicated per Sharia Law. Most are in the Mindanao area of the Philippines naturally because that is where most of the Muslim communities are. You are correct outside of Sharia Law the Philippines does not have a divorce process. They are the only remaining country who does not have a divorces system.

[Ed and Gina 45]

Muslim Divorces are adjudicated per Sharia Law. Most are in the Mindanao area of the Philippines naturally because that is where most of the Muslim communities are. You are correct outside of Sharia Law the Philippines does not have a divorce process. They are the only remaining country who does not have a divorces system.

Yup. Have recently read that more Muslims are moving into the Manila area...and, in general, to Luzon. Hopefully things don't get out of control as it has in other countries that have experienced rapid growth in Muslim population.