Cenomar disaster

[sparky952 3]

Ok my 129F petition was abroved 1 Aug 2010. My fiance was married before but got divorce in 1991. Her Cenomar says she still married. we have be contacted an attorney and was told take about a year to change the cenomar. Not to mention 5000 usd cost, very bad news. I ask the philippine experts here for any advice they can give. Are we doomed? I am military and will be deploying next year so if she doesn't come soon will be a few years before can come... Plus the petition runs out Nov. then what? Plz help

[brownskinned 5]

Ok my 129F petition was abroved 1 Aug 2010. My fiance was married before but got divorce in 1991. Her Cenomar says she still married. we have be contacted an attorney and was told take about a year to change the cenomar. Not to mention 5000 usd cost, very bad news. I ask the philippine experts here for any advice they can give. Are we doomed? I am military and will be deploying next year so if she doesn't come soon will be a few years before can come... Plus the petition runs out Nov. then what? Plz help

She needs to personally go to the National Statistics Office, bring whatever form she have that proves she got divorced and have her cenomar change. For sure, NSO officers would advise her what to do next. She should also ask for the cost and timeline.

I know a friend whos cenomar was also married, but it was more complicated than your situation so it took her over a year to changed it. Another friend took six months.

Im not sure if they got a lawyer for that, but if they say that you need a lawyer, then you should get one.

[sparky952 3]

She needs to personally go to the National Statistics Office, bring whatever form she have that proves she got divorced and have her cenomar change. For sure, NSO officers would advise her what to do next. She should also ask for the cost and timeline.

I know a friend whos cenomar was also married, but it was more complicated than your situation so it took her over a year to changed it. Another friend took six months.

Im not sure if they got a lawyer for that, but if they say that you need a lawyer, then you should get one.

Well going to take many months to save the 5000 usd they want to charge. I am loosing hope, been trying to bring her here since 2008 and now looking at 2 or more years. right now i cannot even visit her......

[sparky952 3]

Since the petition runs out Novenmber what do we do? Do we continue and get blue slip (course providing the documents that the cenomar is in progress)? On another note, we have had no contact from Manila embassy since recieving the NOA2, I contacted thed DOS and got the nvc number, but that is all. They need to schedule the medical ( though what the point now)

[JimVaPhuong 4,863]

Is it still called a "Cenomar" even if it indicates you're still married? I thought "Cenomar" meant "Certificate of No Marriage".

My understanding of marriage law in the Philippines (which is more than I have any business knowing because of questions like this one) is that a divorce can only be recognized in the Philippines if:

1. The Filipino was married to a non-Filipino foreigner.

2. The divorce was obtained in a foreign country (obviously).

3. The foreign spouse petitioned for the divorce.

The above implies that a divorce cannot be recognized if both spouses were Filipino, or if the Filipino spouse filed for the divorce. In case you're wondering, Article 26 of the Philippine Family Code also won't allow a divorce by "mutual consent" to be recognized in the Philippines. It has to be clear from the divorce decree that the foreigner was the "petitioner" and the Filipino was the "respondent" in the divorce proceedings.

Ok, so presuming the above conditions are met, you don't go to the NSO to have the divorce recognized in the Philippines - you go to court. You have to file a petition with the court to have the foreign divorce recognized. This is a judicial process - not administrative. The Filipino must convince the judge that the above conditions have been met, and that the divorce decree is valid and recognized in the jurisdiction where it was issued, and (most importantly) that the foreigner is now free to marry in their own country.

Getting a court in the Philippines to recognize a foreign divorce can take a long time, mainly because the courts are backlogged with such cases. Two years is not uncommon.

Here's the kicker...

A Filipino is NOT legally free to marry UNTIL the divorce has been recognized in the Philippines. The implication here is that your fiancee visa petition may not be valid, since both petitioner and beneficiary must be free to marry at the time the petition is filed.

I think you're going to need that expensive Filipino lawyer...

[marklovetina 52]

Ok my 129F petition was abroved 1 Aug 2010. My fiance was married before but got divorce in 1991. Her Cenomar says she still married. we have be contacted an attorney and was told take about a year to change the cenomar. Not to mention 5000 usd cost, very bad news. I ask the philippine experts here for any advice they can give. Are we doomed? I am military and will be deploying next year so if she doesn't come soon will be a few years before can come... Plus the petition runs out Nov. then what? Plz help

file a recognition of foreign divorce first here in Phil. court... u need a phil. lawyer to do this...

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

pls. read the link above.. good luck!!

[sparky952 3]

I need a lot more than luck i need to win the lottery, guess its not to be........ Been fighting unemployment for over a year and now this.......

[honey17 0]

I need a lot more than luck i need to win the lottery, guess its not to be........ Been fighting unemployment for over a year and now this.......

Is she married to a Filipino here in the Philippines? She needs an annullment and some lawyers can do it in 3-6 mos.

[griffin 7]

Greetings!

I'm hoping that her marriage was annulled in the Philippines because its not too hard to endorsed those papers as long as the marriage was really annuled however if not then she has to see a lawyer and helped her with the procedure of the annulment. I really dont think you need $5,000 to do that job if it was annulled...I also would like to encouraged you to contact this VJ member that just registered her anullment to NSO.ALSO IF THE MARRIAGE WAS REALLY ANNULED THEN SHE WONT GET A CENOMAR BUT AN MARRIAGE CERTIFICATE THAT WILL HAVE AN ANNOTATION AT THE END AND I GUESS IT WILL TAKE TWO WEEKS TO GET IT WIHOUT PAYING 5K. HEREIS A PROOF FROM A VJ MEMBER.

Here is a link i read from a vj member who got her annulment final, and who just registered her annulment docs to http://www.visajourney.com/forums/topic/264929-how-i-registered-my-annulment-in-nso-main/page__pid__4107996#entry4107996

OR

DROP AN EMAIL DIRECTLY TO NSO:e-census@census.gov.ph or visit amd contact NSO direct. (e-census@census.gov.ph)or drop them an email https://www.ecensus.com.ph/Secure/frmIndex.asp

Edited August 26, 2010 by griffin

[Gary and Alla 3,694]

In Ukraine a bribe of $50 would get it fixed while you wait in the hall. They are efficient like that

[sparky952 3]

Is she married to a Filipino here in the Philippines? She needs an annullment and some lawyers can do it in 3-6 mos.

She was married to an american and divorced in 1991, she has the dissolutionof marriage, but she still registered as married to the NSO. Told need a lawyer to correct that and will take 6 months to a year and cost as much as 5k dollars.

I do not have 5k dollars and i deploy in 10 months, also my 129 petition end date is Nov 2010. we are devistated at this......

[SuperDuper! 230]

Is she married to a Filipino here in the Philippines? She needs an annullment and some lawyers can do it in 3-6 12-24 mos.

Fixorred!

[Darnell 8,478]

She was married to an american and divorced in 1991, she has the dissolutionof marriage, but she still registered as married to the NSO. Told need a lawyer to correct that and will take 6 months to a year and cost as much as 5k dollars.

I do not have 5k dollars and i deploy in 10 months, also my 129 petition end date is Nov 2010. we are devistated at this......

maybe take another read at Jim's post, and identify what is what, who is who.

please clarify - dissolution of marriage document - this is PI document or document issued in USA or in some other country?

also, in what country did the divorce occur? If in USA, I think is one prior step, and that is to get the certified copy of the divorce decree 'stamped' by a Phils consulate in the USA, prior to sending over to the PI . (I could be wrong on this one, hopefully some one else will chime in)

re: validity of petition ending in November - hey ! US Embassy Manila can extend that validity, sometimse is automatic (if she delays sending back the packet 3 stuff immediately) or she can request a later interview date (suggest March or April) in a seperate letter submitted with any packet 3 documents sent back to US Embassy Manila IV unit.

=========

also, if the deployment isn't to Iraq or Afghanistan, you have other choice available to you - and that is -

to avoid CENOMAR altogether -

by getting married in the 'country of deployment' , then

she can live with you in married housing, get military spouse ID card, then you have 2 choices -

--DCF'd I-130 - file with US Consulate/Embassy in 'that' country or

--I-130 filed to the lockbox in Chicago with military expedite request

both have an interview 'in that country' and not in Manila.

watch the timing on either type of filing though, as you want the interview to occur 2 to 3 months before you rotate back to the USA.

Edited August 26, 2010 by Darnell

[Pinay Wife 47]

Ok my 129F petition was abroved 1 Aug 2010. My fiance was married before but got divorce in 1991. Her Cenomar says she still married. we have be contacted an attorney and was told take about a year to change the cenomar. Not to mention 5000 usd cost, very bad news. I ask the philippine experts here for any advice they can give. Are we doomed? I am military and will be deploying next year so if she doesn't come soon will be a few years before can come... Plus the petition runs out Nov. then what? Plz help

No, you are not doomed, but you are being scammed by the lawyer. When dealing with a Philippine lawyer, nothing should be mentioned that an American is involved or the lawyer's fee and other price tags shoot up a hundred folds.

She was married to an american and divorced in 1991, she has the dissolutionof marriage, but she still registered as married to the NSO. Told need a lawyer to correct that and will take 6 months to a year and cost as much as 5k dollars.

I do not have 5k dollars and i deploy in 10 months, also my 129 petition end date is Nov 2010. we are devistated at this......

If the divorce or dissolution of marriage was initiated by your fiancee's ex-husband, I suggest for your fiancée to immediately file a petition for the Judicial Recognition of Divorce Decree or Dissolution of Marriage with the court. It should only take 3-4 months and cost less than $1,000. Remember, your fiancée must not mention that she has an American fiancé.

In the meantime, if I were in your fiancee's shoes and my interview is scheduled, I would go ahead with my interview and appear with my CENOMAR (or in this case, CEMAR) and the decree for the dissolution of the first marriage. There is a possibility that the US Embassy will honor the dissolution and not ask for a Judicial Recognition anymore. Worst thing that can happen is for your fiancée to be put in AR while the embassy waits for the recognition.

[scotty's girl 1]

You can have it extended. USEM will automatically extend it, however, it's better if you still email them, ask for extension and explain your situation briefly.