both usc previously married in the philippines, divorced

[kaye 0]

Hello VJers from the Philippines! i just wanted to help my SO's coworker about his problem on what visa to file and what other things he needs to fix before filing. here is the situation...

Way back years ago this guy a Filipino us citizen married a filipina us citizen. The marriage ceremony was held in the Philippines. The marriage did not last forever and they filed for divorce. In present time the guy fell in love with a new filipina girl whom he met during his previous visits in the Philippines. They have 2 children already and is thinking about going thru the K1 process. Now my question is since he was previously married by law in the Philippines but both of them were US citizens is it okay for them to file K1 visa or should he first file annulment in the philippines?? He already has his divorce documents from his previous marriage. But since the marriage was held in the Philippines is annulment needed for him to be able to file a K1/K2 visa for his fiancee from the philippines. I know the beneficiary would be getting a cenomar for the visa process, is annulment still necessary or could they just go thru the process with just the divorce papers as proof of free to marry for the petitioner?

i hope anybody out there can help me solve this situation and could give me insights to help my friend. thanks!

[Chica Yeyé 41]

He has to be "free to marry" for submitting a K-1 application I think. So hew will need the annulment first and foremost. I have heard that said process in Phil. is complicated since there is no divorce --- best bet to consult an attorney. Good luck.

[payxibka 10,047]

Hello VJers from the Philippines! i just wanted to help my SO's coworker about his problem on what visa to file and what other things he needs to fix before filing. here is the situation...

Way back years ago this guy a Filipino us citizen married a filipina us citizen. The marriage ceremony was held in the Philippines. The marriage did not last forever and they filed for divorce. In present time the guy fell in love with a new filipina girl whom he met during his previous visits in the Philippines. They have 2 children already and is thinking about going thru the K1 process. Now my question is since he was previously married by law in the Philippines but both of them were US citizens is it okay for them to file K1 visa or should he first file annulment in the philippines?? He already has his divorce documents from his previous marriage. But since the marriage was held in the Philippines is annulment needed for him to be able to file a K1/K2 visa for his fiancee from the philippines. I know the beneficiary would be getting a cenomar for the visa process, is annulment still necessary or could they just go thru the process with just the divorce papers as proof of free to marry for the petitioner?

i hope anybody out there can help me solve this situation and could give me insights to help my friend. thanks!

I could be wrong but as a USC petitioner he is not "bound" by PI's lack of divorce recognition, he will not be required to get a CENOMAR... his divorce decree should be just fine....

This is not the same for a PI benneficiary.... as a CENOMAR will be required....

[kaye 0]

thanks payxibka! i was thinking of the same thing also but was not sure. since he is a us citizen and has his divorce papers already he is free to marry by us law. i was just curious if the usem would still look for annulment documents since the marriage itself took place in the philippines. i know the beneficiary is also free to marry and can prove it by cenomar and as the petitioner a divorce paper.

Hello VJers from the Philippines! i just wanted to help my SO's coworker about his problem on what visa to file and what other things he needs to fix before filing. here is the situation...

Way back years ago this guy a Filipino us citizen married a filipina us citizen. The marriage ceremony was held in the Philippines. The marriage did not last forever and they filed for divorce. In present time the guy fell in love with a new filipina girl whom he met during his previous visits in the Philippines. They have 2 children already and is thinking about going thru the K1 process. Now my question is since he was previously married by law in the Philippines but both of them were US citizens is it okay for them to file K1 visa or should he first file annulment in the philippines?? He already has his divorce documents from his previous marriage. But since the marriage was held in the Philippines is annulment needed for him to be able to file a K1/K2 visa for his fiancee from the philippines. I know the beneficiary would be getting a cenomar for the visa process, is annulment still necessary or could they just go thru the process with just the divorce papers as proof of free to marry for the petitioner?

i hope anybody out there can help me solve this situation and could give me insights to help my friend. thanks!

I could be wrong but as a USC petitioner he is not "bound" by PI's lack of divorce recognition, he will not be required to get a CENOMAR... his divorce decree should be just fine....

This is not the same for a PI benneficiary.... as a CENOMAR will be required....

[tedjen 0]

NO need to file an annulment for he is a US Citizen even if the marriage held here in PI. I'd like to state the article in Philippine Family Code but unfortunately I forgot

Tell him, it's definitely fine to file I129f for K1 process...

God bless us all...

[payxibka 10,047]

thanks payxibka! i was thinking of the same thing also but was not sure. since he is a us citizen and has his divorce papers already he is free to marry by us law. i was just curious if the usem would still look for annulment documents since the marriage itself took place in the philippines. i know the beneficiary is also free to marry and can prove it by cenomar and as the petitioner a divorce paper.

It is not the job of the USEM to re-adjudicate a petition......

[kaye 0]

thanks tedjen! he wanted to consult an immigrations lawyer but was undecided because of the fee and i was also thinking that i know people from VJ can help me answer his questions and much better help than lawyers.

NO need to file an annulment for he is a US Citizen even if the marriage held here in PI. I'd like to state the article in Philippine Family Code but unfortunately I forgot

Tell him, it's definitely fine to file I129f for K1 process...

God bless us all...

thanks tedjen! he wanted to consult an immigrations lawyer but was undecided because of the fee and i was also thinking that i know people from VJ can help me answer his questions and much better help than lawyers.

NO need to file an annulment for he is a US Citizen even if the marriage held here in PI. I'd like to state the article in Philippine Family Code but unfortunately I forgot

Tell him, it's definitely fine to file I129f for K1 process...

God bless us all...

[tedjen 0]

Kaye, no need to consult an immigration lawyer... He will just waste his money...

To add, the background check is only applicable to the beneficiary not the petitioner (i.e. CENOMAR)... Petitioner will just submit his divorce decree to USCIS during the petition process but during visa application, it's more on the beneficiary (though there are times that CO will ask for divorce decree or any other documents about the petitioner but I think this is seldom)...