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

[Robor007 0]

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.

Do I understand this correctly? The US recognizes marriages that take place in the Philippines and the couple is considered married without additional paperwork. You're just considered married. The Philippines recognizes marriages that take place in the US but the Filipino has to file paperwork to change their marital status for the marriage to be official? Is that correct? If her marriage was never made official in the Philippines and disolved before my petitioning her would it be a factor? Was she ever considered married there?

As far as her husband, he is willing to cooperate but he didn't want to file because he would have to appear in court. He said he was embarrassed to do so and he should be. He did some things during their brief time together and short time until the relationship fell apart that he's embarrassed about. I will not go into them because I respect my fiancee's privacy but the things he did are unforgiveable and the reason she stopped communication with him until our relationship started. He has been more cooperative lately though and we might possibly get him to file. If she has to I guess it's worth a try. I will talk to the attorney. He's handling all communicaiton and paperwork with him. Thank you for the info.

[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.

Do I understand this correctly? The US recognizes marriages that take place in the Philippines and the couple is considered married without additional paperwork. You're just considered married. The Philippines recognizes marriages that take place in the US but the Filipino has to file paperwork to change their marital status for the marriage to be official? Is that correct? If her marriage was never made official in the Philippines and disolved before my petitioning her would it be a factor? Was she ever considered married there?

As far as her husband, he is willing to cooperate but he didn't want to file because he would have to appear in court. He said he was embarrassed to do so and he should be. He did some things during their brief time together and short time until the relationship fell apart that he's embarrassed about. I will not go into them because I respect my fiancee's privacy but the things he did are unforgiveable and the reason she stopped communication with him until our relationship started. He has been more cooperative lately though and we might possibly get him to file. If she has to I guess it's worth a try. I will talk to the attorney. He's handling all communicaiton and paperwork with him. Thank you for the info.

There have been beneficiaries from the Philippines here on VJ that were denied the visa for marriages that had not been registered with the NSO.

[Robor007 0]

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.

Do I understand this correctly? The US recognizes marriages that take place in the Philippines and the couple is considered married without additional paperwork. You're just considered married. The Philippines recognizes marriages that take place in the US but the Filipino has to file paperwork to change their marital status for the marriage to be official? Is that correct? If her marriage was never made official in the Philippines and disolved before my petitioning her would it be a factor? Was she ever considered married there?

As far as her husband, he is willing to cooperate but he didn't want to file because he would have to appear in court. He said he was embarrassed to do so and he should be. He did some things during their brief time together and short time until the relationship fell apart that he's embarrassed about. I will not go into them because I respect my fiancee's privacy but the things he did are unforgiveable and the reason she stopped communication with him until our relationship started. He has been more cooperative lately though and we might possibly get him to file. If she has to I guess it's worth a try. I will talk to the attorney. He's handling all communicaiton and paperwork with him. Thank you for the info.

There have been beneficiaries from the Philippines here on VJ that were denied the visa for marriages that had not been registered with the NSO.

Are you saying to do this 'by the book' she would have to register her already dissolved marriage that occured in the US with the Philippine NSO then turn around file for an annulment in the Philippines for that same marriage that long longer exists in the country it took place (the US)? When we were in Manila we were told by the Family Law attorney we talked to that it would be $2000 USD and about 7 months for an annulment. The much money and time for a marriage that wasn't registered there and no longer exists in the US? That's whack! It totally defeats the purpose of getting a divorce in the US because a Philippine annulment would be recognized by the US (according to what I was told by the Family Law attorney). We considered annulment through the Philippines before learning she could divorce file for divorce here in Florida. If this is the case, why wouldn't the Philippine attorney know this and tell us this?

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.

Do I understand this correctly? The US recognizes marriages that take place in the Philippines and the couple is considered married without additional paperwork. You're just considered married. The Philippines recognizes marriages that take place in the US but the Filipino has to file paperwork to change their marital status for the marriage to be official? Is that correct? If her marriage was never made official in the Philippines and disolved before my petitioning her would it be a factor? Was she ever considered married there?

As far as her husband, he is willing to cooperate but he didn't want to file because he would have to appear in court. He said he was embarrassed to do so and he should be. He did some things during their brief time together and short time until the relationship fell apart that he's embarrassed about. I will not go into them because I respect my fiancee's privacy but the things he did are unforgiveable and the reason she stopped communication with him until our relationship started. He has been more cooperative lately though and we might possibly get him to file. If she has to I guess it's worth a try. I will talk to the attorney. He's handling all communicaiton and paperwork with him. Thank you for the info.

There have been beneficiaries from the Philippines here on VJ that were denied the visa for marriages that had not been registered with the NSO.

Are you saying to do this 'by the book' she would have to register her already dissolved marriage that occured in the US with the Philippine NSO then turn around file for an annulment in the Philippines for that same marriage that long longer exists in the country it took place (the US)? When we were in Manila we were told by the Family Law attorney we talked to that it would be $2000 USD and about 7 months for an annulment. The much money and time for a marriage that wasn't registered there and no longer exists in the US? That's whack! It totally defeats the purpose of getting a divorce in the US because a Philippine annulment would be recognized by the US (according to what I was told by the Family Law attorney). We considered annulment through the Philippines before learning she could divorce file for divorce here in Florida. If this is the case, why wouldn't the Philippine attorney know this and tell us this?

No, I'm not saying that. I'm saying that just because a marriage isn't registered with the NSO doesn't mean that it did not exist and that she is legally able to marry in the Philippines. She has to show that she is legally able to marry to get married there. Will she fraudulently state that she has never been married and support that claim with a certificate of non marriage from the NSO? Will that be a legal marriage? Could it be challenged? As far as I know she will either have to show that she was never married, married and got an annullment, or her foreign spouse initiated her divorce. The first of these would be fraudulent. You will certainly have to declare her divorce subsequently on her petition and provide a copy of it for the visa. Certainly the consulate there knows the marriage laws of the Philippines and what constitutes legally free to marry. They will see that she initiated the divorce and was not legally free to marry in the Philippines according to Philippine law. I'm not trying to be difficult or contrary, I just wanted to point out some possible obstacles that you might encounter before you fully decide what path to take. I think their foreign divorce rules are not reasonable, but they are there and have to be dealt with. I do wish you well and good luck with your journey.

Edited June 29, 2006 by john_and_marlene

[john_and_marlene 162]

To clarify my previous post, I looked up the information in the Family Code of the Philippines that is required for the sworn application to apply for a marriage lisence in the Philippines.

Art. 11. Where a marriage license is required, each of the contracting parties shall file separately a sworn application for such license with the proper local civil registrar which shall specify the following:

(1) Full name of the contracting party;

(2) Place of birth;

(3) Age and date of birth;

(4) Civil status;

(5) If previously married, how, when and where the previous marriage was dissolved or annulled;

(6) Present residence and citizenship;

(7) Degree of relationship of the contracting parties;

(8) Full name, residence and citizenship of the father;

(9) Full name, residence and citizenship of the mother; and

(10) Full name, residence and citizenship of the guardian or person having charge, in case the contracting party has neither father nor mother and is under the age of twenty-one years.

.......

Art. 13. In case either of the contracting parties has been previously married, the applicant shall be required to furnish, instead of the birth or baptismal certificate required in the last preceding article, the death certificate of the deceased spouse or the judicial decree of the absolute divorce, or the judicial decree of annulment or declaration of nullity of his or her previous marriage.

Edited June 29, 2006 by john_and_marlene

[Robor007 0]

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.

Do I understand this correctly? The US recognizes marriages that take place in the Philippines and the couple is considered married without additional paperwork. You're just considered married. The Philippines recognizes marriages that take place in the US but the Filipino has to file paperwork to change their marital status for the marriage to be official? Is that correct? If her marriage was never made official in the Philippines and disolved before my petitioning her would it be a factor? Was she ever considered married there?

As far as her husband, he is willing to cooperate but he didn't want to file because he would have to appear in court. He said he was embarrassed to do so and he should be. He did some things during their brief time together and short time until the relationship fell apart that he's embarrassed about. I will not go into them because I respect my fiancee's privacy but the things he did are unforgiveable and the reason she stopped communication with him until our relationship started. He has been more cooperative lately though and we might possibly get him to file. If she has to I guess it's worth a try. I will talk to the attorney. He's handling all communicaiton and paperwork with him. Thank you for the info.

There have been beneficiaries from the Philippines here on VJ that were denied the visa for marriages that had not been registered with the NSO.

Are you saying to do this 'by the book' she would have to register her already dissolved marriage that occured in the US with the Philippine NSO then turn around file for an annulment in the Philippines for that same marriage that long longer exists in the country it took place (the US)? When we were in Manila we were told by the Family Law attorney we talked to that it would be $2000 USD and about 7 months for an annulment. The much money and time for a marriage that wasn't registered there and no longer exists in the US? That's whack! It totally defeats the purpose of getting a divorce in the US because a Philippine annulment would be recognized by the US (according to what I was told by the Family Law attorney). We considered annulment through the Philippines before learning she could divorce file for divorce here in Florida. If this is the case, why wouldn't the Philippine attorney know this and tell us this?

No, I'm not saying that. I'm saying that just because a marriage isn't registered with the NSO doesn't mean that it did not exist and that she is legally able to marry in the Philippines. She has to show that she is legally able to marry to get married there. Will she fraudulently state that she has never been married and support that claim with a certificate of non marriage from the NSO? Will that be a legal marriage? Could it be challenged? As far as I know she will either have to show that she was never married, married and got an annullment, or her foreign spouse initiated her divorce. The first of these would be fraudulent. You will certainly have to declare her divorce subsequently on her petition and provide a copy of it for the visa. Certainly the consulate there knows the marriage laws of the Philippines and what constitutes legally free to marry. They will see that she initiated the divorce and was not legally free to marry in the Philippines according to Philippine law. I'm not trying to be difficult or contrary, I just wanted to point out some possible obstacles that you might encounter before you fully decide what path to take. I think their foreign divorce rules are not reasonable, but they are there and have to be dealt with. I do wish you well and good luck with your journey.

Please don't take my frustration with the rules and process as frustration toward you. I don't intend it to be. We do want to do this the legal way and follow the rules so there are as few possible snags along the way.

But we don't want to get married in the Philippines. At first that was the plan because it was recommended by people here and elsewhere. With her recent divorce and then a K-1 soon after it might (would likely) be inspected closely by the US. Thinking was a K-3 would more show an established relationship and committment. But I now understand that she can not divorce in the US and marry in the Philippines because her status never changed.

Would it be okay if we continue as fiancee's engaged, and continue to build our collection of evidence that will prove our relationship is genuine. Then after she is legally divorced submit the paperwork to start the K-1 process. By then we will have known each other for 9-10 months, been in a serious relationship for 7 1/2 - 8 months, and have seen each other in person 3 times totalling about 7 weeks. I've got piles of SMS messages, Emails, Yahoo IM logs, and phone card expenses. I'm also writing her several times per week and she tries to write me at least once per week (she only gets mail once per week in port though).

What are your thoughts on this plan? Sound okay? Thanks again for taking the time to help a newbie here!

[meauxna 15]

I'm wondering how she will enter the US to attend her divorce hearing.

OP should also consider the speed of K-1, K-3 and CR-1 cases through Manila. There are some significant difference.

Might look for a US lawyer who is very familiar with Phils family law and US immigration. Get another side to that story.

[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.

Do I understand this correctly? The US recognizes marriages that take place in the Philippines and the couple is considered married without additional paperwork. You're just considered married. The Philippines recognizes marriages that take place in the US but the Filipino has to file paperwork to change their marital status for the marriage to be official? Is that correct? If her marriage was never made official in the Philippines and disolved before my petitioning her would it be a factor? Was she ever considered married there?

As far as her husband, he is willing to cooperate but he didn't want to file because he would have to appear in court. He said he was embarrassed to do so and he should be. He did some things during their brief time together and short time until the relationship fell apart that he's embarrassed about. I will not go into them because I respect my fiancee's privacy but the things he did are unforgiveable and the reason she stopped communication with him until our relationship started. He has been more cooperative lately though and we might possibly get him to file. If she has to I guess it's worth a try. I will talk to the attorney. He's handling all communicaiton and paperwork with him. Thank you for the info.

There have been beneficiaries from the Philippines here on VJ that were denied the visa for marriages that had not been registered with the NSO.

Are you saying to do this 'by the book' she would have to register her already dissolved marriage that occured in the US with the Philippine NSO then turn around file for an annulment in the Philippines for that same marriage that long longer exists in the country it took place (the US)? When we were in Manila we were told by the Family Law attorney we talked to that it would be $2000 USD and about 7 months for an annulment. The much money and time for a marriage that wasn't registered there and no longer exists in the US? That's whack! It totally defeats the purpose of getting a divorce in the US because a Philippine annulment would be recognized by the US (according to what I was told by the Family Law attorney). We considered annulment through the Philippines before learning she could divorce file for divorce here in Florida. If this is the case, why wouldn't the Philippine attorney know this and tell us this?

No, I'm not saying that. I'm saying that just because a marriage isn't registered with the NSO doesn't mean that it did not exist and that she is legally able to marry in the Philippines. She has to show that she is legally able to marry to get married there. Will she fraudulently state that she has never been married and support that claim with a certificate of non marriage from the NSO? Will that be a legal marriage? Could it be challenged? As far as I know she will either have to show that she was never married, married and got an annullment, or her foreign spouse initiated her divorce. The first of these would be fraudulent. You will certainly have to declare her divorce subsequently on her petition and provide a copy of it for the visa. Certainly the consulate there knows the marriage laws of the Philippines and what constitutes legally free to marry. They will see that she initiated the divorce and was not legally free to marry in the Philippines according to Philippine law. I'm not trying to be difficult or contrary, I just wanted to point out some possible obstacles that you might encounter before you fully decide what path to take. I think their foreign divorce rules are not reasonable, but they are there and have to be dealt with. I do wish you well and good luck with your journey.

Please don't take my frustration with the rules and process as frustration toward you. I don't intend it to be. We do want to do this the legal way and follow the rules so there are as few possible snags along the way.

But we don't want to get married in the Philippines. At first that was the plan because it was recommended by people here and elsewhere. With her recent divorce and then a K-1 soon after it might (would likely) be inspected closely by the US. Thinking was a K-3 would more show an established relationship and committment. But I now understand that she can not divorce in the US and marry in the Philippines because her status never changed.

Would it be okay if we continue as fiancee's engaged, and continue to build our collection of evidence that will prove our relationship is genuine. Then after she is legally divorced submit the paperwork to start the K-1 process. By then we will have known each other for 9-10 months, been in a serious relationship for 7 1/2 - 8 months, and have seen each other in person 3 times totalling about 7 weeks. I've got piles of SMS messages, Emails, Yahoo IM logs, and phone card expenses. I'm also writing her several times per week and she tries to write me at least once per week (she only gets mail once per week in port though).

What are your thoughts on this plan? Sound okay? Thanks again for taking the time to help a newbie here!

Unfortunately, the K1 requirement for being "free to marry" includes her status within her country as well as within the U.S. If she isn't legally free to marry there, then she's not qualified for the fiance visa either. It's a wacky thing the Philippines does dealing with divorce. Unless the foreign spouse initiates the divorce, she will never be free to marry again in the Philippines. Now you see why I suggested she withdraw her petition for divorce and have him file it.

There are lawyers both in the U.S. and in the Philippines that will advise their clients to take chances that are not quite legal. That doesn't make it safe or correct.

At least present the rebuttal to the lawyer and ask him if what he suggests is stictly legal and safe.

[Keith & Xiang 0]

You also need to check on divorce details. I know that some states require a minimum of 60 days after filing for divorce to even look at the documents, they courthouse needs to "sit" on the paperwork for 60 "just in case someone changes their minds".

So if you're thinking of getting married right away, you might have to think twice. Just saying, it could take at least 2 months for the divorce to go through.

Thanks

[Robor007 0]

I'm wondering how she will enter the US to attend her divorce hearing.

OP should also consider the speed of K-1, K-3 and CR-1 cases through Manila. There are some significant difference.

Might look for a US lawyer who is very familiar with Phils family law and US immigration. Get another side to that story.

She will be here in the US using her C-1 visa (crewmans working visa). My fiancee knows an attorney in California who is Filipina. I think I'm going to ask her to contact her. Thanks!

Edited June 29, 2006 by Robor007

[mychelle 1]

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

for K1 visa (even in Manila)...as long as both parties are eligible to marry, has proof that they've met within 2 years of filing, proof of relationship, proof of financial support from petitioner...then i don't see why they can't be approved. the burden of proof is on the parties filing for K1. it's not the consulate's job to figure out whether they've spent enough time together or if they truly love each other, etc.

[Robor007 0]

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.

Do I understand this correctly? The US recognizes marriages that take place in the Philippines and the couple is considered married without additional paperwork. You're just considered married. The Philippines recognizes marriages that take place in the US but the Filipino has to file paperwork to change their marital status for the marriage to be official? Is that correct? If her marriage was never made official in the Philippines and disolved before my petitioning her would it be a factor? Was she ever considered married there?

As far as her husband, he is willing to cooperate but he didn't want to file because he would have to appear in court. He said he was embarrassed to do so and he should be. He did some things during their brief time together and short time until the relationship fell apart that he's embarrassed about. I will not go into them because I respect my fiancee's privacy but the things he did are unforgiveable and the reason she stopped communication with him until our relationship started. He has been more cooperative lately though and we might possibly get him to file. If she has to I guess it's worth a try. I will talk to the attorney. He's handling all communicaiton and paperwork with him. Thank you for the info.

There have been beneficiaries from the Philippines here on VJ that were denied the visa for marriages that had not been registered with the NSO.

Are you saying to do this 'by the book' she would have to register her already dissolved marriage that occured in the US with the Philippine NSO then turn around file for an annulment in the Philippines for that same marriage that long longer exists in the country it took place (the US)? When we were in Manila we were told by the Family Law attorney we talked to that it would be $2000 USD and about 7 months for an annulment. The much money and time for a marriage that wasn't registered there and no longer exists in the US? That's whack! It totally defeats the purpose of getting a divorce in the US because a Philippine annulment would be recognized by the US (according to what I was told by the Family Law attorney). We considered annulment through the Philippines before learning she could divorce file for divorce here in Florida. If this is the case, why wouldn't the Philippine attorney know this and tell us this?

No, I'm not saying that. I'm saying that just because a marriage isn't registered with the NSO doesn't mean that it did not exist and that she is legally able to marry in the Philippines. She has to show that she is legally able to marry to get married there. Will she fraudulently state that she has never been married and support that claim with a certificate of non marriage from the NSO? Will that be a legal marriage? Could it be challenged? As far as I know she will either have to show that she was never married, married and got an annullment, or her foreign spouse initiated her divorce. The first of these would be fraudulent. You will certainly have to declare her divorce subsequently on her petition and provide a copy of it for the visa. Certainly the consulate there knows the marriage laws of the Philippines and what constitutes legally free to marry. They will see that she initiated the divorce and was not legally free to marry in the Philippines according to Philippine law. I'm not trying to be difficult or contrary, I just wanted to point out some possible obstacles that you might encounter before you fully decide what path to take. I think their foreign divorce rules are not reasonable, but they are there and have to be dealt with. I do wish you well and good luck with your journey.

Please don't take my frustration with the rules and process as frustration toward you. I don't intend it to be. We do want to do this the legal way and follow the rules so there are as few possible snags along the way.

But we don't want to get married in the Philippines. At first that was the plan because it was recommended by people here and elsewhere. With her recent divorce and then a K-1 soon after it might (would likely) be inspected closely by the US. Thinking was a K-3 would more show an established relationship and committment. But I now understand that she can not divorce in the US and marry in the Philippines because her status never changed.

Would it be okay if we continue as fiancee's engaged, and continue to build our collection of evidence that will prove our relationship is genuine. Then after she is legally divorced submit the paperwork to start the K-1 process. By then we will have known each other for 9-10 months, been in a serious relationship for 7 1/2 - 8 months, and have seen each other in person 3 times totalling about 7 weeks. I've got piles of SMS messages, Emails, Yahoo IM logs, and phone card expenses. I'm also writing her several times per week and she tries to write me at least once per week (she only gets mail once per week in port though).

What are your thoughts on this plan? Sound okay? Thanks again for taking the time to help a newbie here!

Unfortunately, the K1 requirement for being "free to marry" includes her status within her country as well as within the U.S. If she isn't legally free to marry there, then she's not qualified for the fiance visa either. It's a wacky thing the Philippines does dealing with divorce. Unless the foreign spouse initiates the divorce, she will never be free to marry again in the Philippines. Now you see why I suggested she withdraw her petition for divorce and have him file it.

There are lawyers both in the U.S. and in the Philippines that will advise their clients to take chances that are not quite legal. That doesn't make it safe or correct.

At least present the rebuttal to the lawyer and ask him if what he suggests is stictly legal and safe.

Okay, so she can't get divorced here then be petitioned via K-1 or K-3? What if we marry here and persue a CR-1? Would that be legal? Gosh, this is frustrating!!!!!

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

for K1 visa (even in Manila)...as long as both parties are eligible to marry, has proof that they've met within 2 years of filing, proof of relationship, proof of financial support from petitioner...then i don't see why they can't be approved. the burden of proof is on the parties filing for K1. it's not the consulate's job to figure out whether they've spent enough time together or if they truly love each other, etc.

I am not at all worried about proving our relationship. We've got a lot available now and by the time we're ready to present our case we will have much more than most couples. I work in the computer field so I'm online almost all waking hours. I'd be embarrassed to admit the time we've spent in Yahoo IM. On top of that SMS, Email, and especially phone calls. I've been writing letters and sending packages for the past month as well.

The problem is, apparently she is not going to be eligible to marry me via K-1 or K-3 because she's the one filing for the divorce here. That's the sticking point at the moment. I am going to talk to her divorce attorney tomorrow and seek his advice. He also does immigration but I'm not sure how much he knows about Philippine law. Sigh... The process hasn't even begun and already I'm near wits end!

[meauxna 15]

Okay, so she can't get divorced here then be petitioned via K-1 or K-3? What if we marry here and persue a CR-1? Would that be legal? Gosh, this is frustrating!!!!!

The marriage business presents a unique challenge, to be sure. Again, *you* should be looking for a lawyer familiar with family based cases and the PI.

A CR-1 faces the same issue as a K-3 (or K-1 for that matter) if you go through Manila. Have you thought about her moving somewhere else for awhile?

Make sure you do know that she can not adjust her status (AOS) from the C visa.

When you were talking about 'adjusting ' earlier, it was a little confusing. That term has a specific immigration meaning.