Philippine Marriage/Foreign Divorce - K1 Visa Question

[Adam & May 4]

May had an appoint for a tourist visa at the USEM today. They told her no.

The interviewer said" She is not qualified for a US tourist visa because she as a US citizen fiance.You did not establish your social family and econmic ties outside the U.S. are sufficient to overcome the presumtion of immigrant intent. "

She explained that although she was divorced in Japan in 2006 she is still listed as married per Philippine Law and therefore couldn't get married in the US.

Her interviewer said "That is silly. Since divorce is accepted in the US and you have a valid divorce on record you could get married in the US."

She asked, "What if we submit or K1 Visa application and the US embassy discovers that I still I am still legally married in the Philippines?"

He said, "All you have to do is submit your Philippine marriage certificate and your Japanese Divorce Certificate and you're done."

So, how about it VJers? Are there any other couples with a fiance from the Philippines who was previously married, the ceremony took place in the Philippines then ended up geting divorced years later in the foreigner's country?

Since you had a valid divorce decree, did you also go through the legal process to terminate that marriage in the Philippines prior to submitting your K1 visa application or did you simply present your Philippine Marriage Certificate and your foreign divorce papers at the K1 Visa Interview at USEM (and it was accepted)? Has anyone experience what the Interviewer said?

We would love to hear from you.

Thanks

[rheanick 42]

May had an appoint for a tourist visa at the USEM today. They told her no.

The interviewer said" She is not qualified for a US tourist visa because she as a US citizen fiance.You did not establish your social family and econmic ties outside the U.S. are sufficient to overcome the presumtion of immigrant intent. "

She explained that although she was divorced in Japan in 2006 she is still listed as married per Philippine Law and therefore couldn't get married in the US.

Her interviewer said "That is silly. Since divorce is accepted in the US and you have a valid divorce on record you could get married in the US."

She asked, "What if we submit or K1 Visa application and the US embassy discovers that I still I am still legally married in the Philippines?"

He said, "All you have to do is submit your Philippine marriage certificate and your Japanese Divorce Certificate and you're done."

So, how about it VJers? Are there any other couples with a fiance from the Philippines who was previously married, the ceremony took place in the Philippines then ended up geting divorced years later in the foreigner's country?

Since you had a valid divorce decree, did you also go through the legal process to terminate that marriage in the Philippines prior to submitting your K1 visa application or did you simply present your Philippine Marriage Certificate and your foreign divorce papers at the K1 Visa Interview at USEM (and it was accepted)? Has anyone experience what the Interviewer said?

We would love to hear from you.

Thanks

The question is who filed for divorce? If the japanese is the one who initiated and filed for divorce, then your fiancee could just submit the divorce paper. I'm not sure of the procedure, but her divorce should be documented in NSO.

But if she is the one who initiated the the separation, it should be an annulment.

[Adam & May 4]

How is it documented on a Japanese Divorce who is the initiator?

Also, has anyone else been in this situation and was able to get a K1 approved without getting the Philippine marriage terminated?

[Pinay Wife 47]

Her interviewer said "That is silly. Since divorce is accepted in the US and you have a valid divorce on record you could get married in the US."

True that. Your fiancee could marry you in the US where her divorce decree will be accepted.

She asked, "What if we submit or K1 Visa application and the US embassy discovers that I still I am still legally married in the Philippines?"

He said, "All you have to do is submit your Philippine marriage certificate and your Japanese Divorce Certificate and you're done."

The consul forgot to tell your fiancee that her Philippine marriage certificate must include an annotation of her Japanese divorce certificate.

Since you had a valid divorce decree, did you also go through the legal process to terminate that marriage in the Philippines prior to submitting your K1 visa application or did you simply present your Philippine Marriage Certificate and your foreign divorce papers at the K1 Visa Interview at USEM (and it was accepted)? Has anyone experience what the Interviewer said?

K1 visa applied in the Philippines

If divorce was initiated by the foreign spouse, the Filipino spouse need to have the divorce decree recognized and annotated in her PI marriage contract. If divorce was initiated by the Filipino spouse in another country, it will not be recognized in the Philippines hence an annulment proceeding is required.

K1 visa applied in another country that accepts divorce

If Filipino K1 beneficiary is resident of a country that accepts divorce, her divorce decree will be accepted by the US Embassy regardless of who initiated it. The law of the host country prevails over her own country's laws.

If I remember correctly, there is one VJ member (forgot the name) who submitted their K1 application while waiting for NSO to annotate the marriage contract. They submitted the unannotated marriage contract together with the divorce decree. Since USCIS recognizes divorce, it approved the petition. By the time the petition reached Manila, the annotated Philippine marriage contract was ready for the final interview at the embassy.

There is a member named "nydvo" who initiated her divorce in the US (she married under US laws) and did not file annulment proceedings in the Philippines. She was approved for K1 visa just recently. Her K1 was processed in less than two months from application to interview.

Edited December 10, 2009 by Pinay Wife

[Adam & May 4]

Thanks for the responses so far (keep them coming).

How does one go about getting their Philippine Marriage Contract annotated with a foreign divorce? What is involved?

[Pinay Wife 47]

How does one go about getting their Philippine Marriage Contract annotated with a foreign divorce? What is involved?

One needs to file a petition in court for the recognition of the foreign divorce decree. Once the court grants the petition, it will order the NSO to make the proper annotation on the marriage certificate concerned.

A Philippine lawyer should be able to explain the entire process.

[Leiy 0]

How does one go about getting their Philippine Marriage Contract annotated with a foreign divorce? What is involved?

One needs to file a petition in court for the recognition of the foreign divorce decree. Once the court grants the petition, it will order the NSO to make the proper annotation on the marriage certificate concerned.

A Philippine lawyer should be able to explain the entire process.

Pinay Wife is right. Your fiance needs to have her Divorce Certificate recognized under Philippine Law. I had the same situation with your fiance. I got married here in the Philippines 2001 to a Japanese National. It was a fixed marriage but technically it was real since it was recorded to NSO. I went to Japan and lived with my sister who is a legal resident of Japan.

Year 2003...The Japanese National filed a divorce. I went back to the Philippines with divorce papers with me and I thought having those papers from Japan would automatically terminate the Philippine marriage and that I will be back to single status again. I WAS TOTALLY WRONG! It took me 2 years to figure out that I still need to file for JUDICIAL RECOGNITION OF FOREIGN DIVORCE. I seek legal advice from a Lawyer and filed for the petition before my ex bf (now husband) flew here to visit me for the first time (2006). Once the petition is approved...you will have the decision and finality. What I did was...after I got the decision and finality. I personally went to the Local City Registrar (LCR) where the petition was filed and LCR where I got married and NSO Main in Manila. After all those work....the marriage contract then will have an annotations that the marriage is already null and void.

Good luck...

[Adam & May 4]

It seems like this is the process we are doing. Filed in October 2008, refiled in Family Court Jan 2009. May confirmed that this is toward the Judicial Recognition of Foreign Divorce.

After jumping through several hoops like hearing postponements, running out of session time and many requests for additional requirements (only being revealed one at a time when the privious requirement is completed) the last hearing was September 2009. All we are doing now is waiting for the judge to make a ruling. Her lawyer keeps telling us (speculation) there are many cases ahead of us and that is why it is taking so long. We have asked him to try to find out how many more cases are ahead of us.

With what the Consult Interviewer told her today...

All you have to do is submit your Philippine marriage certificate and your Japanese Divorce Certificate and you're done.

she wants to file our K1 petition now.

[marklovetina 52]

How does one go about getting their Philippine Marriage Contract annotated with a foreign divorce? What is involved?

One needs to file a petition in court for the recognition of the foreign divorce decree. Once the court grants the petition, it will order the NSO to make the proper annotation on the marriage certificate concerned.

A Philippine lawyer should be able to explain the entire process.

Pinay Wife is right. Your fiance needs to have her Divorce Certificate recognized under Philippine Law. I had the same situation with your fiance. I got married here in the Philippines 2001 to a Japanese National. It was a fixed marriage but technically it was real since it was recorded to NSO. I went to Japan and lived with my sister who is a legal resident of Japan.

Year 2003...The Japanese National filed a divorce. I went back to the Philippines with divorce papers with me and I thought having those papers from Japan would automatically terminate the Philippine marriage and that I will be back to single status again. I WAS TOTALLY WRONG! It took me 2 years to figure out that I still need to file for JUDICIAL RECOGNITION OF FOREIGN DIVORCE. I seek legal advice from a Lawyer and filed for the petition before my ex bf (now husband) flew here to visit me for the first time (2006). Once the petition is approved...you will have the decision and finality. What I did was...after I got the decision and finality. I personally went to the Local City Registrar (LCR) where the petition was filed and LCR where I got married and NSO Main in Manila. After all those work....the marriage contract then will have an annotations that the marriage is already null and void.

Good luck...

:thumbs: yeah what pinay wife and scott and aloha said here is very true, that's what my lawyer told me too... :thumbs:

[tallcoolone 102]

More than likely they were gonna to deny her, and this was the fastest and easiest excuse they could find

Why not have her concentrate on getting her K1 done and over to USA, it should only take 3 or 4 months total

[rheanick 42]

It seems like this is the process we are doing. Filed in October 2008, refiled in Family Court Jan 2009. May confirmed that this is toward the Judicial Recognition of Foreign Divorce.

After jumping through several hoops like hearing postponements, running out of session time and many requests for additional requirements (only being revealed one at a time when the privious requirement is completed) the last hearing was September 2009. All we are doing now is waiting for the judge to make a ruling. Her lawyer keeps telling us (speculation) there are many cases ahead of us and that is why it is taking so long. We have asked him to try to find out how many more cases are ahead of us.

With what the Consult Interviewer told her today...

All you have to do is submit your Philippine marriage certificate and your Japanese Divorce Certificate and you're done.

she wants to file our K1 petition now.

There are three possible result of her K1 interview if you filed for K1 prior to her getting an annotation on her marriage certificate:

1. Immediate Approval: If she will be interviewed by a CO that would accept her Japan divorce paper even though her CENOMAR indicates that she is married.

2. White Slip: If the CO requires her that she should have her marriage certificate annotated of her Japan divorce

3. Denial: If the CO would stick with the CENOMAR requirement. CENOMAR would indicate that she is married. If she is married with someone else, she is not qualified for K1 petition

Approval depends on the CO. If the person who interviewed her on he tourist visa is the same person who would interview her in your K1 petition, then you have no problem. But nobody knows who would be the CO for your K1 interview. It could be someone else.

Just my two cents.

Edited December 10, 2009 by rheanick

[rheanick 42]

How is it documented on a Japanese Divorce who is the initiator?

Also, has anyone else been in this situation and was able to get a K1 approved without getting the Philippine marriage terminated?

I asked my friend who was divorced in Japan. My friend is the one who filed for divorce. According to my friend, the filer or initiator of the japan divorce is indicated in the family registry of japan.

The filer is also indicated in the divorce paper. If you want to see it for yourself, you could ask for a copy of the ddivorce paper and have someone translate it for you.

[Adam & May 4]

The judge has finally granted May's petition for Recognition of Foreign Divorce.

It took over 5 months from the last court date, 14 months total.

[marklovetina 52]

The judge has finally granted May's petition for Recognition of Foreign Divorce.

It took over 5 months from the last court date, 14 months total.

congratz to both of u!!!