K1 - GOT MARRIED - 1-485 denied

[VanessaTony 3,567]

I don't really know what to do with my case. Me and my son who's now 20 came to US on K1 and K2 visas. I got married in June 2010, applied for AOS and now Immigrration is telling us that my divorce in Guam is not valid since my ex and I were not there in Guam when we got the divorce.

Can anyone tell me what I can do? We were given 30 days to submit documents to overcome the denial, which is really impossible. So we are expecting the AOS will be denied. What we can do is for me to file a divorce here in CA where we are right now, and then get married again right? But my concern is, are we going to be sent home? How and what do we do so as not to be sent home while waiting for ther divorce and then of course be able to get married again?

please help.....

If it is determined that the divorce wasn't valid then the K1 (and subsequent K2) is voided, as is your marriage.

The only way for you to remain is to get properly divorced from your ex-husband and then re-marry and file an I-130 and I-485. I don't know where that puts your son, but you are both there out-of-status. It's a bit confusing.

What I would personally do is try and get the documents to prove the divorce is valid. They wouldn't have issues you a divorce document if it wasn't valid (one would hope). As a K1 you're able to appeal denials. I would (personally) attempt to get the docs and before the RFE runs out I would send them proof that you've applied for the required documents and how long it will take to receive them. I don't understand why you think it'll take so long to get the required docs.

There is nothing you can do to prevent yourself getting deported. You will go before an immigration judge and if you're married to your USC they'll give you the chance to AOS, but during the divorce wait time and new marriage you're deportable, and so is your son. I don't even know what visa category you son would be because if you weren't properly divorced then the K1 is invalid so you AREN'T adjusting as K1 and K2...

If you're able to get the divorce proof you're good, but if not.. you DEFINITELY need to see a good qualified immigration lawyer.

Edited February 19, 2011 by Vanessa&Tony

[VanessaTony 3,567]

Previous marriage in Phil, 1990. Ex in Phil.I cannot file for a divorce in Philippines because we don't have divorce in Philippines. I was in Abu Dhabi UAE(middle east), working when I applied for the divorce ONLINE. Divorce was granted in May 2005.

JimVaPhuong, we do have a lawyer who did the AOS, EAD filing for us, and you're right, we do need to argue with USCIS regarding the divorce.

ERY, I think it doesn't matter even if you're a US citizen or not, you can get a divorce up to now in Guam as long as you meet the residency requirement, as well as in Haiti, or Dominican Republic.

So you didn't fulfil the residency requirements? Is that what the problem is?

[Scott and Mhay 57]

so did you get your divorce recongnized in the PI? I realize that things have changed since you did your divorce and it was a loophole in the system. Just wondering how your CENOMAR went. It does look like you have a valid case. Hopefully everything works out for you.

[Zharren Young 32]

Previous marriage in Phil, 1990. Ex in Phil.I cannot file for a divorce in Philippines because we don't have divorce in Philippines. I was in Abu Dhabi UAE(middle east), working when I applied for the divorce ONLINE. Divorce was granted in May 2005.

JimVaPhuong, we do have a lawyer who did the AOS, EAD filing for us, and you're right, we do need to argue with USCIS regarding the divorce.

ERY, I think it doesn't matter even if you're a US citizen or not, you can get a divorce up to now in Guam as long as you meet the residency requirement, as well as in Haiti, or Dominican Republic.

Well i guess you need to double check. your a filipino and was married IN THE PHILIPPINES so it doesnt matter where you filed. they may recognize it valid from where you filed it but not in the philippines and prolly the IO seen that. I have a fren who did filed a divorce of her marriage to her husband in the philippines, its sure is granted in HK but wasnt recognized in the philippines, youre only difference in her case is that you got thru the consular office about it but now its seen in your current petition of AOS. I also know someone who filed a divorce for his wife in PI while in US and he indeed got it and got married in US but still according to Philippine Law he was still married to when HIS FILIPINO WIFE complained about him in the US embassy his AOS got denied.

Either way, i hope your research and way of obtaining yours is truly legit, otherwise you may have to go back to PI, file an annulment then refile again. best of luck

[PhilAmTx 14]

i don't understand why you didn't file annulment in PI ...why filed divorce in Guam?

i have a friend,she was married here in PI and annulled ..and with her K1 visa everything was fine until now..shes holding 10 years GC now.

good luck and hope everything will be fine...

[fatty01 0]

Thanks for all your replies. And to answer all your questions. I've been out of Phil from 1993 as I've been working in Abu Dhabi, UAE until June 0f 2010, which was when I left for US.I didn't file for an annullment in Phil because of the time required, which I didn't have as I cannot afford to stay in Phil for more than a month or I'll lose my job in UAE, plus there is also the grounds for annulment to consider and I don't think irreconcilable differences is one of them. Thus, the divorce in Guam, why the no-residency, simply because trying to get a visa to Guam is not that easy as well, as it's still under the US right? I know for a fact that divorce is not recognized in Phil, so it's but natural for me to assume that even if I got divorced from another country, it's not legal in Phil., but that doesn't matter to me or to my ex, or even to the IO at that. The IO knew about the divorce not being recognized in Phil and believe me, I'm not the only one who got divorced outside Phil and got married to an American or Canadian or European. As to my ex complaining to US embassy? I AM SURE, he won't as we parted as friends and still are friends, and he's now living with his new partner and 3 kids. The issue here is that I didn't meet the residency requirement for the divorce proceedings in Guam which was only implemented from 2006. Mine was granted in 2005. The fact that it got thru the consular office, was issued a K1 and K2 visas, I think is a reason to argue or contradict them. You all will agree with me, if I say that, getting thru to the consular office is not that easy, all the documents submitted are examined thouroughly and checked. Does that make it legit? Because if it wasn't it wouldn't have passed that thorough examination right? Anyway, thank you all again. I've already scheduled an appointment with Atty. Michael Gurfinkel and will keep you all updated whatever happens. Thank you all again and pray for me and my son.

[Scott and Mhay 57]

Good luck on everything. I think you are right, the interviewing officer for you AOS knows that the divorce wont be recongnized. I know that sometimes the CENOMAR is not 100% correct. Sometimes you can get one that doesnt show a hit for a marriage and the next time it shows that you were married....(i have seen this happen with some girls....or maybe they were lying the whole time, but I just have to take it for what it was worth when they told me)

[PhilAmTx 14]

Thanks for all your replies. And to answer all your questions. I've been out of Phil from 1993 as I've been working in Abu Dhabi, UAE until June 0f 2010, which was when I left for US.I didn't file for an annullment in Phil because of the time required, which I didn't have as I cannot afford to stay in Phil for more than a month or I'll lose my job in UAE, plus there is also the grounds for annulment to consider and I don't think irreconcilable differences is one of them. Thus, the divorce in Guam, why the no-residency, simply because trying to get a visa to Guam is not that easy as well, as it's still under the US right? I know for a fact that divorce is not recognized in Phil, so it's but natural for me to assume that even if I got divorced from another country, it's not legal in Phil., but that doesn't matter to me or to my ex, or even to the IO at that. The IO knew about the divorce not being recognized in Phil and believe me, I'm not the only one who got divorced outside Phil and got married to an American or Canadian or European. As to my ex complaining to US embassy? I AM SURE, he won't as we parted as friends and still are friends, and he's now living with his new partner and 3 kids. The issue here is that I didn't meet the residency requirement for the divorce proceedings in Guam which was only implemented from 2006. Mine was granted in 2005. The fact that it got thru the consular office, was issued a K1 and K2 visas, I think is a reason to argue or contradict them. You all will agree with me, if I say that, getting thru to the consular office is not that easy, all the documents submitted are examined thouroughly and checked. Does that make it legit? Because if it wasn't it wouldn't have passed that thorough examination right? Anyway, thank you all again. I've already scheduled an appointment with Atty. Michael Gurfinkel and will keep you all updated whatever happens. Thank you all again and pray for me and my son.

you have my prayers.... evrything will be fine...

[Deputy Purple 1,294]

Actually, the US Embassy in Manila does recognize foreign divorces for Pinays. What matters most is that the Petitioner and Beneficiary are free to marry under US Law.

If a Filipino is married to a foreigner and they get divorced the Philippine Government will recognize the divorce if the Filipino was the respondent and they file for recognition of the divorce.

The Philippine Government will not acknowledge a divorce between 2 Filipinos (such as this case).

Where Pinays have problems getting K-1s with a foreign divorce is if they are in the Philippines they will need a CFO Sticker in their passport to leave the Philippines but CFO doesn't recognize the foreign divorce and won't issue the sticker.

Since the OP was already out of the Philippines she didn't need a marriage-based CFO Sticker. She will run into problems if she ever returns to the Philippines before she naturalizes though for the reasons I've already mentioned.

Her only issue is getting USCIS to understand that her Guam divorce was legal.

[Haarp425 26]

Here in Washington State, as long as you live here to show residency, you can file for divorce and neither of you or your ex wife have to show to get your divorce final at Lincoln County. Usually, it takes less than 3 months to get the uncontested divorce final.

Lincoln County Courthouse:

http://www.co.lincoln.wa.us/

Residency requirements:

http://access.wa.gov/living/resources/residency.aspx

How to File for Divorce in Lincoln County, Washington

http://www.ehow.com/how_6748802_file-divorce-lincoln-county_-washington.html

[Zharren Young 32]

Actually, the US Embassy in Manila does recognize foreign divorces for Pinays. What matters most is that the Petitioner and Beneficiary are free to marry under US Law.

If a Filipino is married to a foreigner and they get divorced the Philippine Government will recognize the divorce if the Filipino was the respondent and they file for recognition of the divorce.

The Philippine Government will not acknowledge a divorce between 2 Filipinos (such as this case).

Where Pinays have problems getting K-1s with a foreign divorce is if they are in the Philippines they will need a CFO Sticker in their passport to leave the Philippines but CFO doesn't recognize the foreign divorce and won't issue the sticker.

Since the OP was already out of the Philippines she didn't need a marriage-based CFO Sticker. She will run into problems if she ever returns to the Philippines before she naturalizes though for the reasons I've already mentioned.

Her only issue is getting USCIS to understand that her Guam divorce was legal.

wow, if this is indeed 100% legit and acceptable, i knew a few friends of mine from middle east that could profit from this info without having to apply for an annulment that would actually cost them not lower than 250,000.00 peso which is way alot of money plus it takes atleast 2years to get approved.

[fatty01 0]

Thanks a lot.

[JimVaPhuong 4,863]

wow, if this is indeed 100% legit and acceptable, i knew a few friends of mine from middle east that could profit from this info without having to apply for an annulment that would actually cost them not lower than 250,000.00 peso which is way alot of money plus it takes atleast 2years to get approved.

Not so fast. The Philippine government does not automatically recognize a foreign divorce. You have to petition a court in the Philippines to recognize the divorce. The court will consider the petition only if the marriage was between a Filipino and a foreigner, and if the foreigner initiated the divorce. This is what Bob meant by the Filipino being the "respondent". The foreigner has to be the "petitioner" in the divorce case. If the Filipino files for the divorce then it can't be recognized in the Philippines.

In order to get the court to recognize the divorce you have to argue that the divorce meets the requirements for recognition under Philippine law, and prove that the divorce is valid in the jurisdiction where it was issued. I've heard that this legal process is often more expensive than an annulment.

[Zharren Young 32]

Not so fast. The Philippine government does not automatically recognize a foreign divorce. You have to petition a court in the Philippines to recognize the divorce. The court will consider the petition only if the marriage was between a Filipino and a foreigner, and if the foreigner initiated the divorce. This is what Bob meant by the Filipino being the "respondent". The foreigner has to be the "petitioner" in the divorce case. If the Filipino files for the divorce then it can't be recognized in the Philippines.

In order to get the court to recognize the divorce you have to argue that the divorce meets the requirements for recognition under Philippine law, and prove that the divorce is valid in the jurisdiction where it was issued. I've heard that this legal process is often more expensive than an annulment.

I know right?

I am aware that philippines only recognize divorce if it was with a foreigner and is the respondent, but how did she got around it?

I lived out of the philippines for almost 12 years and have seen friends getting married with military guys and knew very well that when they applied they had to get their marriages annulled in PI first and have to submit birth cert, CENOMAR and NBI altogether original copy and authenticated by philippines department of foreign affairs with red ribbon and apostle type of authentication before the US embassy of that country accept it. so i was wondering how she got thru the US embassy in DUBAI. middle east countries may not require CFO sticker thingy but they too are very strick with the process. So if indeed this is acceptable and can get around with the annulment process, i really would like to hear the success of it.

[Deputy Purple 1,294]

I know right?

I am aware that philippines only recognize divorce if it was with a foreigner and is the respondent, but how did she got around it?

I lived out of the philippines for almost 12 years and have seen friends getting married with military guys and knew very well that when they applied they had to get their marriages annulled in PI first and have to submit birth cert, CENOMAR and NBI altogether original copy and authenticated by philippines department of foreign affairs with red ribbon and apostle type of authentication before the US embassy of that country accept it. so i was wondering how she got thru the US embassy in DUBAI. middle east countries may not require CFO sticker thingy but they too are very strick with the process. So if indeed this is acceptable and can get around with the annulment process, i really would like to hear the success of it.

Yes and No...

For Immigration purposes the US does recognize foreign divorce for Filipinos.

Example of Yes:

Filipino living in Hong Kong, files for divorce in Hong Kong and receives it. Now they want to move to the US and marry a USC. They can as long as the whole process is outside of the Philippines (in Hong Kong for example). If they return to the Philippines with a US Immigrant (including K-Class) Visa in their passport then they will be required to obtain a CFO Clearance sticker which will not be issued because the PH Government doesn't acknowledge the divorce.

If they return to the Philippines at any time before obtaining US Citizenship then they run the risk of getting trapped in the Philippines for the same reason.

Example of No:

Filipino living in Hong Kong wants to get HK divorce and return to the Philippines to marry another Filipino. This won't happen because the Philippines doesn't acknowledge the divorce.

Another example of No:

Filipino living anywhere (in or our of the Philippines) wants to get HK divorce and immigrate from the Philippines to the US to marry a USC. This won't happen because the Philippines doesn't acknowledge the divorce and the Manila US Embassy will require they provide a CENOMAR (Certificate of No Marriage) or a CEMAR showing all previous marriages are terminated but such a document doesn't exist.

I've seen at least 2 examples of the successful scenario on VJ in the last couple of years and on instance where the K-1 beneficiary returned the the Philippines after getting the K-1 and had to bribe someone at CFO to get the sticker and be able to leave the Philippines.

Edited February 21, 2011 by Bob 4 Anna