Which process will be best for us (K-1 or K-3)?

[TracyTN 237]

Update:

I just received a reply from the person helping me with this process saying that because my fiancee never adjusted her marital status in the Philippines there is no marriage to consider for divorce/annulment. He recommends the K-1 route because there is no question about previous marriages whereas the K-3 does ask. He is the expert and I trust his advice so it sounds like I have my answer.

Thanks all... Rob

He's the expert, eh?

K1s most certainly ask about previous marriages ! You have to provide divorce decrees for them. Also, some consulates require the previous marriage certificates at the interview.

Maybe the expert needs to do some more reading.

Edited June 29, 2006 by TracyTN

[rebeccajo 14]

I was going to respond and answer these questions but in doing so I feel I am justifying my relationship with my fiancee to people who know nothing more than my original message here. I was looking for help, not judgement. While I appreciate the warnings, I don't need them. My fiancee and I have talked about the past, present, and future. We are both very secure in all. Thank you for your concern. Please let this thread drop.

You really don't have to satisfy those of us on here one bit.

You do however have to satisfy the Manila consulate. And if you think they won't look for justification of the relationship, you are sorely mistaken.

Some of the questions you are getting here are only being asked because regular members here know the Manila drill.

[seldi 1]

No need to get so defensive, I wasn't by any means questioning your relationship or how you felt, just saying that perhaps you needed to give SITUATION more time and then decide which route to take, since it isn't an easy one. Ah well, serves me right for trying to help. Good luck.

Edited June 29, 2006 by grismar

[Robor007 0]

Update:

I just received a reply from the person helping me with this process saying that because my fiancee never adjusted her marital status in the Philippines there is no marriage to consider for divorce/annulment. He recommends the K-1 route because there is no question about previous marriages whereas the K-3 does ask. He is the expert and I trust his advice so it sounds like I have my answer.

Thank you to everyone for the input and suggestions. As we go through this process and I learn more about it I hope I am able to give back to this forum as thanks for the help we have received.

Thanks all... Rob

???

Sounds to me like she is married. Manila doesnt determine what marriages are valid, especially if it took place in the US.

You better run this across an attorney, as I am having difficulty in understanding what you are saying.

I think I didn't describe the situation correctly. She is legally married in the US right now. She has filed for divorce here in Florida. According to the Family Law attorney she is using she can file for divorce based on her current husband's Florida residence. He is complying with the divorce so that will make things easier. She will have to appear in court while here in October to finalize the divorce.

[one...two...tree 2,762]

Update:

I just received a reply from the person helping me with this process saying that because my fiancee never adjusted her marital status in the Philippines there is no marriage to consider for divorce/annulment. He recommends the K-1 route because there is no question about previous marriages whereas the K-3 does ask. He is the expert and I trust his advice so it sounds like I have my answer.

Thanks all... Rob

He's the expert, eh?

K1s most certainly ask about previous marriages ! You have to provide divorce decrees for them. Also, some consulates require the previous marriage certificates at the interview.

Maybe the expert needs to do some more reading.

Holy cow, Rob! Just look at the G-325 biographical form that she has to fill out - it asks the name of her former spouse and the location the divorce took place. If she omits that she married a U.S. citizen and they (USCIS) find out, you'll be waiting much longer than any time you hope to save by going with a K-1. No offense, but you should be more concerned about being approved for her Visa than about the time it takes. Either path is going to take a lot of time and patience - there is no fast and easy way through this.

[CarolineM 0]

I think what EVERYONE is saying is this

1) No matter WHAT visa route you choose (family) they ARE GOING to ask if there are previous marriages. She can't lie...well she could I guess but the consequences would be disastrous. Just because she doesn't think her marriage "Counts" doesn't mean us immigratin will feel the same. THey'll ask...she needs to be ready to tell the truth

2) People are just warning you of what is to come. There are so many girls trying to get to the US from the Phillipines that that consulate is a tricky one. They are extremely meticulous, not always nice, and VERY picky...People HERE are pointing out red flags because in Manilla they CERTAINLY will do the same if not with MORE scrutiny then we are...they aren't judging you - they are just cautioning you about you journey.

Also - just someone who PM's you claiming to be an expert...also suspicious. Do your OWN research and don't trust the word of just ONE person...like with a doctor...get a second opinion...

and finally...be prepared to wait, wait wait and then wait some more.

Good luck with whatever you choose.

[Robor007 0]

Update:

I just received a reply from the person helping me with this process saying that because my fiancee never adjusted her marital status in the Philippines there is no marriage to consider for divorce/annulment. He recommends the K-1 route because there is no question about previous marriages whereas the K-3 does ask. He is the expert and I trust his advice so it sounds like I have my answer.

Thanks all... Rob

He's the expert, eh?

K1s most certainly ask about previous marriages ! You have to provide divorce decrees for them. Also, some consulates require the previous marriage certificates at the interview.

Maybe the expert needs to do some more reading.

Again, I think I didn't describe it properly. I was told we will have to provide proof of divorce for the K-1 process but to the US, not to the Philippines. This does make sense to me because when I was in Manila with my fiancee we talked to an annulment attorney there. He said in order for her to file for annulment she would first have to adjust her status because she wasn't considered married there until then.

[Euro 3]

All the spouse/Fiance visa's ask about previous marriages & want to see Divorce/Annulment papers

Edited June 29, 2006 by euro

[seldi 1]

Well can you take 10 minutes and describe it properly then? No one here will be able to help you if you don't describe it properly.

[one...two...tree 2,762]

Update:

I just received a reply from the person helping me with this process saying that because my fiancee never adjusted her marital status in the Philippines there is no marriage to consider for divorce/annulment. He recommends the K-1 route because there is no question about previous marriages whereas the K-3 does ask. He is the expert and I trust his advice so it sounds like I have my answer.

Thanks all... Rob

He's the expert, eh?

K1s most certainly ask about previous marriages ! You have to provide divorce decrees for them. Also, some consulates require the previous marriage certificates at the interview.

Maybe the expert needs to do some more reading.

Again, I think I didn't describe it properly. I was told we will have to provide proof of divorce for the K-1 process but to the US, not to the Philippines. This does make sense to me because when I was in Manila with my fiancee we talked to an annulment attorney there. He said in order for her to file for annulment she would first have to adjust her status because she wasn't considered married there until then.

Yes, but that only makes it easier on her end of it. Again going back to your question of whether you should apply for a K-1 - that fact won't change anything for you, the petitioner. It will still show on your end that this woman just recently divorced another U.S. Citizen which may cause a delay or denial of Visa. At least get a second and possibly third legal opinion from an immigration attorney.

What if you just wait a few months after the divorce is final before submitting your I-129F? That could be another alternative.

[Robor007 0]

I'm sorry about my previous (defensive) responses. I just don't like the fact that I have people pointing out 'red flags' in my relationship when they only know our relationship from a few short paragraphs. Of course I saw the warning signs. Of course we've discussed it together. My fiancee's explanation of the situation satisfied me. She showed me in black and white as well as how she's treated me since we became a couple. Again, I apologize for getting over-defensive and I don't want to come across as a newbie with an attitude. I hope those I barked at will accept my apology.

As far as the situation, let me rephrase what I mean and what I was told...

My fiancee is currently married to a US citizen. She is in the process of divorce and it will be finalized in October while she is here during her vacation with me. The question I had is, will Philippine law recognize her legal divorce in the US? I was told, no they will not. However, because she never adjusted her marital status in the Philippines she isn't regognized as married there.

When I was in Manila with my fiancee we spoke to a family law attorney there. At the time we didn't think she could file for divorce in the US and we were looking into an annulment in the Philippines. He told us that if she did want to persue the annulment she would first have to adjust her status because as far as the Philippines was concerned she wasn't married.

Please keep in mind that we are not trying to do anything devious. I want my fiancee to be here with me *legally* and while we know the process is a long rollercoaster ride (I have a close friend who went through it but without the divorce issue) we are willing to endure it to be together. Thank you all again.

EDIT: The attorney she is using for the divorce here in the US is also an immigration attorney so I will definitely run this by him. Thank you again!

Edited June 29, 2006 by Robor007

[CarolineM 0]

I just don't like the fact that I have people pointing out 'red flags' in my relationship when they only know our relationship from a few short paragraphs.

It's no problem - we've dealt with worse

In all honestly they were only telling you what MANILLA is going to see and think...not personal judgements on you. Like I said in my post, Manilla is no Sydney...they will scrutinize not just the few paragraphs you've given us BUT EVERY LITTLE BIT of your relationship. Just having evidence isn't enough. They see that you've only known her a short time....you've only been together for a short time...she's been married to a US citizen before. They WILL Judge your relationship and that' s all anyone was saying

[desert_fox 32]

I'm sorry about my previous (defensive) responses. I just don't like the fact that I have people pointing out 'red flags' in my relationship when they only know our relationship from a few short paragraphs. Of course I saw the warning signs. Of course we've discussed it together. My fiancee's explanation of the situation satisfied me. She showed me in black and white as well as how she's treated me since we became a couple. Again, I apologize for getting over-defensive and I don't want to come across as a newbie with an attitude. I hope those I barked at will accept my apology.

As far as the situation, let me rephrase what I mean and what I was told...

My fiancee is currently married to a US citizen. She is in the process of divorce and it will be finalized in October while she is here during her vacation with me. The question I had is, will Philippine law recognize her legal divorce in the US? I was told, no they will not. However, because she never adjusted her marital status in the Philippines she isn't regognized as married there.

When I was in Manila with my fiancee we spoke to a family law attorney there. At the time we didn't think she could file for divorce in the US and we were looking into an annulment in the Philippines. He told us that if she did want to persue the annulment she would first have to adjust her status because as far as the Philippines was concerned she wasn't married.

Please keep in mind that we are not trying to do anything devious. I want my fiancee to be here with me *legally* and while we know the process is a long rollercoaster ride (I have a close friend who went through it but without the divorce issue) we are willing to endure it to be together. Thank you all again.

EDIT: The attorney she is using for the divorce here in the US is also an immigration attorney so I will definitely run this by him. Thank you again!

Just make sure that you get a vilid Florida divorce. The fact that the PI doesnt recognize it is in your favor. If they did, then you would have to wait a century to get an annulment there, along with all the bribes. But Im sure the Consulate there is going to have a few questions.

[Robor007 0]

If necessary we could delay filing the petition for a bit. I will discuss with the guy helping me with the process and the immigration attorney. Thanks for the suggestion.

I think that by the time we're ready will definitely have plenty of evidence to show we've got a real relationship. I keep all of our SMS, Email, and Yahoo IM records. I send her several hand-written letters per week and she tries to send me at least one letter or post card. Her mail is only delivered to her in port once per week. I've also got nearly $1000 in phone card bills to call from the US to her in Manila. She spent plenty to call me as well but I doubt she can prove it because she pays cash (pesos) for everything. Plus, by the time she will be ready for an interview we will have known each other for about 18 months and will have spent a week together in Manila, a week together on her cruise ship in Canada/Alaska, 4 weeks together at my place in Florida, and I'm planning to fly back to Manila with her for another week after that. I've met and have pics with her mother, brother, and 2 cousins. And when we are together I take *a lot* of pics.

She will have a valid divorce document in October. It's in process now and both of them have been sent the paperwork to start the process. According to the attorney, an uncontested divorce in Florida is usually done in less than 2 months. Add in a little more time because it's about 2 weeks to send mail to her on the ship.

Thanks again everyone. I do appreciate all the advice and pointers about potential problems. That's why I am here. I'm seeking from people who know because I want us to be prepared.

Edited June 29, 2006 by Robor007

[john_and_marlene 162]

FYI ... the Philippines does recognize marriages in the U.S. They DO NOT consider the Philippine citizen divorced and able to remarry if the Philippine citizen filed for the divorce abroad. She is only legally able to marry in the Philippines if her foreign spouse initiated the divorce or she obtains an anullment in the Philippines.

If her ex is cooperating, perhaps she could withdraw her divorce petition and have him initiate a new one.