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Posted

Does this make sence,or is this correct?.....My wife and I married in the Philippines,but apparently,they were not notified of my wifes previous divorce"it was not recognized"...does this make our marriage null???????and if so,do i go for fiancee visa?????GRRRR,please help!

Posted

Did she initiate the previous divorce or did her ex-husband initiate it?

Does this make sence,or is this correct?.....My wife and I married in the Philippines,but apparently,they were not notified of my wifes previous divorce"it was not recognized"...does this make our marriage null???????and if so,do i go for fiancee visa?????GRRRR,please help!

Be smart, have a plan, and hang on to the people you love. - Chris Gardner

 

N-400 Timeline

02-23-2018: Sent N-400 Application online

02-23-2018: Date on NOA, retrieved from online account

02-23-2018: Date on Biometrics Appointment Letter (Biometrics Appointment at Jacksonville ASC on March 13, 10:00 a.m.)

03-08-2018: Biometrics complete

04-05-2018: Case status updated - Interview Scheduled on May 10, 2018, 10:15 a.m. :D

05-10-2018: Citizenship Interview - Passed English and Civics Tests, Recommended for Approval! :D 

06-19-2018: Received email and text notification: Naturalization Ceremony Scheduled; waited for letter to be uploaded on online account - it has been set on Wednesday, July 25, 3:00 p.m.

07-25-2018: I am now a U.S. Citizen!

 

K3-K4 Journey.txt

Filed: Other Country: China
Timeline
Posted

Does this make sence,or is this correct?.....My wife and I married in the Philippines,but apparently,they were not notified of my wifes previous divorce"it was not recognized"...does this make our marriage null???????and if so,do i go for fiancee visa?????GRRRR,please help!

Who is "they". Please give more specific details of the situation while avoiding disconnected pronouns.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted (edited)

Who is "they". Please give more specific details of the situation while avoiding disconnected pronouns.

It doesn't matter who "they" is. Or if the OP uses pronouns correctly.

What matters is "she." As in SHE did not get a proper annulment done of her previous marriage.

OP, if that is the case, your "wife" did not have legal capacity to marry, and you cannot file a marriage-based visa on her until her first marriage is legally annulled.

Good Luck and hang in there!

:star:

Edited by Boing!

Sign-on-a-church-af.jpgLogic-af.jpgwwiao.gif

Filed: Citizen (apr) Country: Canada
Timeline
Posted

OP, if that is the case, your "wife" did not have legal capacity to marry, and you cannot file a marriage-based visa on her until her first marriage is legally annulled.

Wouldnt that also mean they arent married? so they would have to have her marriage annulled then get " married again " because their first marriage would be void?

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

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I am a Citizen of the United States of America. 04/16/13

Posted (edited)

Does this make sence,or is this correct?.....My wife and I married in the Philippines,but apparently,they were not notified of my wifes previous divorce"it was not recognized"...does this make our marriage null???????and if so,do i go for fiancee visa?????GRRRR,please help!

if she is divorce then who initiate the divorce?

if ur wife initiated it from her X foreign spouse then she need to file a ROFD here in the Phil court, before u both decided to marry...

if that is the case then ur marriage to her is null/ invalid... u cant file for cr1... or k1... fix ur null marriage first before u file for k1 or re-married again after u fix ur null marriage with ur wife and file for cr1...

Edited by godsgift
N-400:
May 9, 2017: N-400 packet was sent
May 15, 2017: NOA1 
June 05, 2017: Biometric Done
June 19, 2017: Case is in Line for an Interview
June 25, 2018: USCIS Scheduled an Interview
Aug. 02, 2018: Interview Date- APPROVED!
Aug. 09, 2018: Oath Ceremony

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Filed: Other Country: China
Timeline
Posted

It doesn't matter who "they" is. Or if the OP uses pronouns correctly.

What matters is "she." As in SHE did not get a proper annulment done of her previous marriage.

OP, if that is the case, your "wife" did not have legal capacity to marry, and you cannot file a marriage-based visa on her until her first marriage is legally annulled.

Good Luck and hang in there!

:star:

You are making assumptions. I have no idea even who is the US citizen in this scenario or which "they" is not recognizing the marriage. Your assumptions may be correct but at this point, they are only assumptions.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

Yeah I agree. The OP was kind of vague in details that are important to know in order to give correct answers.

April 24, 2010: Married in Butuan City
May 23, 2010: Submitted I-130
May 28, 2010: NOA-1 Received
October 19, 2010: NOA-2 Received
October 26, 2010: Case Number Assigned
October 28, 2010: IIN Received
November 3, 2010: AOS paid
November 5, 2010: AOS status "PAID". Sent AOS packet
November 6, 2010: DS-3032 email received. Emailed DS-3032
November 8, 2010: IV paid, DS-3032 accepted
November 10, 2010: IV status "PAID". Sent IV packet
November 15, 2010: IV received at NVC
November 22, 2010: False Checklist for missing DS-230
November 29, 2010: AOS + IV entered into system
December 4, 2010: SIF, Case Completed
December 6, 2010: Interview Scheduled
December 27-28, 2010: Passed Physical
January 6, 2011: Interview @ 0830 Approved
January 14, 2011: Visa received
January 31, 2011: CFO seminar completed
February 11, 2011: POE- LAX

Removal of Conditions
January 8, 2013: Mailed I-751
January 10,2013: NOA1
February 6, 2013: Biometrics Appoint.

June 4, 2013: Received I-797 NOA removal of conditions
_____________________________________________________________________________
Ordinarily he was insane, but he had lucid moments when he was merely stupid.

Posted

Yeah I agree. The OP was kind of vague in details that are important to know in order to give correct answers.

Its not always an assumption, and it is actually an assumption on PushyB's part to declare MINE an assumption. :whistle:

What I am good at is called skilled communications and accurately interpreting what was NOT said.

There is a skill some of us have called, "Reading between the lines." Google it.

Wishing nothing but the best for us all!

Sign-on-a-church-af.jpgLogic-af.jpgwwiao.gif

Filed: K-1 Visa Country: Philippines
Timeline
Posted

What no one has come out and said, is that there is no divorce in the Philippines.

If your wife was realy married before then you are not married.

there are two countries in the world where there is no divorce and the Philippines is one of them.

The reason is the strong catholic influence. You are not married and cant get married to her.

The one obscure exception I have found is if her husband is muslim he can divorce her by saying I divorce you

three times. This exception was made to placate the muslim terrorist/ freedom fighters who dont think they

should be controled by the goverment in manila. A muslim woman can not divorce her husband in this fashion so dont bother converting her.

I went through this 20 years ago. If you look on the Filipino Kisses website about 30% of the women say they are

divorced. they are not there is no divorce in the Philippines.

since you are in this deep already; If you are lucky she married an old man when she was young. which would mean

there is a good chance he was already married to someone else before he married her and therefore their marriage is null and void. It would also increase

the chance that he has since died, meaning that she was free to marry.

You can not take her to another country to get divorced. the US will not "recognize it". they will go with the philippine law which would not recognize it. there are annulments in the Philippines generaly reserved for the rich and famous. You can probably pay a few thousand dollars and get an anaulment. There are misc grounds for anaulment like the marriage was not consumated. But more than likely she dosnt fall under any of the grounds available so you would have to pay the big money and tell a big fib. there is an excellent chance your "wife" was perfectly aware of this and with a desperation born of poverty was willing to shoot for it.

dont bother with a fiance visa she dosnt have capacity to marry.

to sum up, If she was married to a muslim man he can divorce her.

Other than that prove that her first marriage was void because the husband had a prior marriage.

or take a chance on trying to "buy" an annulment. Im not sure if you already filed or not.

If you have not filed yet you might get the idea to just not mention the marriage but the Philippines has a national marriage registry which means it would be fairly easy for the consulate to find her prior marriage even if you managed to get a certificate of no prior marriage. also if she had kids with the prIor husband that would be all over

their birth certificates. to really sum it up "YOU'VE BEEN HAD" I went to three different lawyers in the states including at least one who had offices in the Philippines, they all said you are not married and cant get married. Dan

Posted (edited)

What no one has come out and said, is that there is no divorce in the Philippines.

If your wife was realy married before then you are not married.

there are two countries in the world where there is no divorce and the Philippines is one of them.

The reason is the strong catholic influence. You are not married and cant get married to her.

The one obscure exception I have found is if her husband is muslim he can divorce her by saying I divorce you

three times. This exception was made to placate the muslim terrorist/ freedom fighters who dont think they

should be controled by the goverment in manila. A muslim woman can not divorce her husband in this fashion so dont bother converting her.

I went through this 20 years ago. If you look on the Filipino Kisses website about 30% of the women say they are

divorced. they are not there is no divorce in the Philippines.

since you are in this deep already; If you are lucky she married an old man when she was young. which would mean

there is a good chance he was already married to someone else before he married her and therefore their marriage is null and void. It would also increase

the chance that he has since died, meaning that she was free to marry.

You can not take her to another country to get divorced. the US will not "recognize it". they will go with the philippine law which would not recognize it. there are annulments in the Philippines generaly reserved for the rich and famous. You can probably pay a few thousand dollars and get an anaulment. There are misc grounds for anaulment like the marriage was not consumated. But more than likely she dosnt fall under any of the grounds available so you would have to pay the big money and tell a big fib. there is an excellent chance your "wife" was perfectly aware of this and with a desperation born of poverty was willing to shoot for it.

dont bother with a fiance visa she dosnt have capacity to marry.

to sum up, If she was married to a muslim man he can divorce her.

Other than that prove that her first marriage was void because the husband had a prior marriage.

or take a chance on trying to "buy" an annulment. Im not sure if you already filed or not.

If you have not filed yet you might get the idea to just not mention the marriage but the Philippines has a national marriage registry which means it would be fairly easy for the consulate to find her prior marriage even if you managed to get a certificate of no prior marriage. also if she had kids with the prIor husband that would be all over

their birth certificates. to really sum it up "YOU'VE BEEN HAD" I went to three different lawyers in the states including at least one who had offices in the Philippines, they all said you are not married and cant get married. Dan

and...blah blah blah... either 50% full of BS 100% of the time or 100% full of BS 50% of the time...either way...that was a lot of BS.:bonk:

The OP has not provided enough information (yet) to determine whats the best advice.

Edited by ~happyndinlove~

Immigration Timeline Summary

10.21.2008 – CR-1 Visa Application Filed (By Hubby's Sec)
09.04.2009 – Visa Interview | Passed
09.10.2009 – Visa Packet Received
09.17.2009 – US Entry | Home
07.05.2011 – ROC Petition Filed
05.01.2012 – ROC Approved (No Interview)
05.18.2012 – 10-year GC Received
06.19.2012 – Eligible to apply for Naturalization
(procrastinated)
06.24.2013 – N-400 Application Filed
09.30.2013 – Civics Test / Interview | Passed
10.03.2013 – Oath Taking Ceremony | Became a USCitizen!
04.14.2014 – Applied for "Expedite Service" Passport (as PI travel date was fast approaching)
04.16.2014 – Passport Issued & Shipped
04.17.2014 – US Passport Received

Our timeline vanished into thin air.

I've contacted the admin several times but I got zero response.

https://meiscookery.wordpress.com

Posted (edited)

Its not always an assumption, and it is actually an assumption on PushyB's part to declare MINE an assumption. :whistle:

What I am good at is called skilled communications and accurately interpreting what was NOT said.

There is a skill some of us have called, "Reading between the lines." Google it.

Wishing nothing but the best for us all!

The OP asked a serious question that could have a great impact on his life. Rather than employing your skills of assumptions I think it would be much more beneficial to the OP to have exact details to better assist him.

Edited by Atencio

April 24, 2010: Married in Butuan City
May 23, 2010: Submitted I-130
May 28, 2010: NOA-1 Received
October 19, 2010: NOA-2 Received
October 26, 2010: Case Number Assigned
October 28, 2010: IIN Received
November 3, 2010: AOS paid
November 5, 2010: AOS status "PAID". Sent AOS packet
November 6, 2010: DS-3032 email received. Emailed DS-3032
November 8, 2010: IV paid, DS-3032 accepted
November 10, 2010: IV status "PAID". Sent IV packet
November 15, 2010: IV received at NVC
November 22, 2010: False Checklist for missing DS-230
November 29, 2010: AOS + IV entered into system
December 4, 2010: SIF, Case Completed
December 6, 2010: Interview Scheduled
December 27-28, 2010: Passed Physical
January 6, 2011: Interview @ 0830 Approved
January 14, 2011: Visa received
January 31, 2011: CFO seminar completed
February 11, 2011: POE- LAX

Removal of Conditions
January 8, 2013: Mailed I-751
January 10,2013: NOA1
February 6, 2013: Biometrics Appoint.

June 4, 2013: Received I-797 NOA removal of conditions
_____________________________________________________________________________
Ordinarily he was insane, but he had lucid moments when he was merely stupid.

Posted

Hey OP, how about a little more information. It's tough to come up with reasonable accurate advice without knowing more details of the situation. i.e., Is her ex-husband Muslim or was she married to a foreigner and the divorce was granted in his country?

I hope this all gets worked out for you.

George

Does this make sence,or is this correct?.....My wife and I married in the Philippines,but apparently,they were not notified of my wifes previous divorce"it was not recognized"...does this make our marriage null???????and if so,do i go for fiancee visa?????GRRRR,please help!

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

Filed: Other Country: China
Timeline
Posted

Does this make sence,or is this correct?.....My wife and I married in the Philippines,but apparently,they were not notified of my wifes previous divorce"it was not recognized"...does this make our marriage null???????and if s?,do i go for fiancee visa?????GRRRR,please help!

Who is the US Citizen in this scenario. Just what "it" is not recognized by "whom"? How and where was the divorce obtained? We can help but need information first.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Posted

THERE IS NO DIVORCE IN THE PHILIPPINES.

i recently got married in the Philippines and in order for us to get a marriage license, my husband and i had to submit every single document from baptismal papers when we were a baby to our certificate of no marriage. What city/town did you guys get married at. And how come you and your wife didn't talk about this 'issue' prior to getting married? anyway, even if your wife's first husband has already died or they haven't had communication in years, u still need to file a petition for annulment on the grounds of ...psychological incapacity, presumption of death (u have to prove why and how. war zone? battle field, etc), bigamy, etc..

click here to know the grounds for Annulment of Marriage in the Philippines.

Married<3 August 20, 2010

Check out our wedding video :)

USCIS:

10-13-2010 I-130 sent

10-20-2010 NOA1 priority date (email & text)

10-25-2010 received NOA1 hardcopy

10-27-2010 service request submitted for expedite (hardship)

10-28-2010 received email to turn in supporting docs for expedite

11-02-2010 Faxed supporting docs for expedite

12-02-2010 CASE APPROVED!

12-07-2010 Received NOA2 hard copy

NOA1 to NOA2 - 43 DAYS

NVC:

12-09-2010 NVC receives case

12-10-2010 attained NVC case# & IIN. PAID AOS FEES. emailed request for expedite & choice of agent

12-13-2010 AOS PAID

12-16-2010 received email granting the expedite request

12-17-2010 NVC sent case to US Embassy in Manila. SIGN IN FAILED! CASE COMPLETE!

NVC - 8 DAYS

CONSULATE:

12-17-2010 Consulate receives case (electronically)

01-03-04-2011 Medical @ St. Luke PASSED

01-11-2011 Original interview that was rescheduled to:

01-27-2011 INTERVIEW- VISA APPROVED!

02-02-2011 Received Visa in the mail!

02-04-2011 CFO Seminar

02-09-2011 I arrived in the Philippines

02-16-2011 POE @SFO -<3

late february- received Green Card

03-15-2011 Received SSN

ROC eligible in November 2012

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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