petition question.

[mahal007 0]

what is the best thing to do to file for petition?

My fiancee is previously married.she ended her marriage for filing presumption of death

because she havent seen or heard about her husband for more than 10 yrs.the court

granted the petition and her marriage certificate is now annotated.But according to the nso

she cannot consider herself as a single so she cannot get a CENOMAR.She will use her

annotated marriage cert. and the presumptive death documents as a proof for termination of prevois marriage.

which is according to what i read here in the forum that the USEM dont really consider those document,

that they prefer annulment.So my question is if i marry her instead are we still goin to present those documents

now that im petitioning her as a spouse?obiously she dont need CENOMAR anymore.Will the USEM still ask

for documents how her previous marriage ended?i need some advice..

[tedjen 0]

As the trend nowadays, USEM is still requesting CENOMAR, which is called CENMAR for K3 or CR1/IR1 applicants since they temporarily (?) removed the Document Verification.

Married to you or not, she still needs to show document/s that she is single/free to marry or single by the time you married her.

[jom 4]

If the termination of marriage is by virtue of presumptive death , your fiancee is actually considered a "widow" since the ex-husband was declared "presumptively dead" by the court therefore she cannot obtain a CENOMAR because as the word implies it is a Certificate of No Marriage. Your fiancee has been married before and her previous marriage will always be in the NSO record. However she is legally able to marry you because she is now a widow by virtue of the court decision. Her annotated Marriage certificate is proof of legal capacity to remarry.

As what I've learned, Presumptive death as cause of termination of a previous marriage is indeed frowned upon by the USEM so I believe your best option is to marry her in the Philippines and file for a spousal visa or go ahead and file a K1 visa and maybe they will recognize the presumptive death decision.

Goodluck on your journey.

Edited November 18, 2008 by jom

[Rocky_nBullwinkle 6]

what is the best thing to do to file for petition?

My fiancee is previously married.she ended her marriage for filing presumption of death

because she havent seen or heard about her husband for more than 10 yrs.the court

granted the petition and her marriage certificate is now annotated.But according to the nso

she cannot consider herself as a single so she cannot get a CENOMAR.She will use her

annotated marriage cert. and the presumptive death documents as a proof for termination of prevois marriage.

which is according to what i read here in the forum that the USEM dont really consider those document,

that they prefer annulment.So my question is if i marry her instead are we still goin to present those documents

now that im petitioning her as a spouse?obiously she dont need CENOMAR anymore.Will the USEM still ask

for documents how her previous marriage ended?i need some advice..

As far as the legal capacity of your fiancee to contract marriage is concerned, she is free to marry because she has complied with tall he requirements of law. This is what I know according to Article 41 of the Family Code of the Philippines.

"Art. 41. A marriage contracted by any person during subsistence of a previous marriage shall be null and void, unless before the celebration of the subsequent marriage, the prior spouse had been absent for four consecutive years and the spouse present has a well-founded belief that the absent spouse was already dead. In case of disappearance where there is danger of death under the circumstances set forth in the provisions of Article 391 of the Civil Code, an absence of only two years shall be sufficient.

For the purpose of contracting the subsequent marriage under the preceding paragraph the spouse present must institute a summary proceeding as provided in this Code for the declaration of presumptive death of the absentee, without prejudice to the effect of reappearance of the absent spouse."

If you are going to marry her, the US embassy will want to know how her previous marriage was terminated. She should bring all her documents with her to the US Embassy especially her annotated marriage certificate.