conflicts?? (wait for divorce/annulment to be finalized? or ?)

[rocky350 0]

Good Day to everyone!!

my fiancee is already divorced but its not yet annulled here in the Philippines and we are filling k-1 soon. is there gonna be a problem when we file k-1 even if its not yet annulled? I was just thinking about it, i hope everything will be okay. Thank you so much in advance!! god speed!

[Casprd 167]

you should probably at least wait until the divorce is final. Even then, a K-1 visa very quickly after the divorce is going to be a red flag that you will need to address. Be aware and be prepared to address this with letters or evidence to support your relationship as well as documenting her previous marriage and divorce. An evolution of relationship letter by your fiancee detailing when and how she met her previous spouse, how long married, why divorced and if they were separated before the divorce, when that was. Front load your petition with as much of this type of information as possible to answer any questions USCIS may have.

[Tim/Mav 305]

Good Day to everyone!!

my fiancee is already divorced but its not yet annulled here in the Philippines and we are filling k-1 soon. is there gonna be a problem when we file k-1 even if its not yet annulled? I was just thinking about it, i hope everything will be okay. Thank you so much in advance!! god speed!

No information, No advice. Divorce is illegal in the Phils., annulment is Legal. Don't File anything until the paperwork is in your hands. It would be a waste of time and money. In the meantime: keep good records of your relationship until this is resolved. Good Luck.

Free to Marry. She is not at this time. Rule #1. It will be required in your 129-F. That qualification is not met by your post. Thats a FIRST

[Penguin_ie 5,993]

Agree with pp, if you file before you have the annulment, you will be denied and loose the filing fee.

[rocky350 0]

they we're actually married twice, in the US and in the PHILIPPINES. Now they're already divorced in the US but not yet annulled in the PHILIPPINES. We already have in hand they're divorce paper we include it with the docs we're sending. And we have two kids already. We also fixed the kids citizenship. Is that not enough proof for filing the k-1? thanks again for the infos you shared.

[Penguin_ie 5,993]

If they were legally married in PH, they MUST get an annulment before you can file, as both of you must be free to marry the date you file.

[Inyakee 2]

they we're actually married twice, in the US and in the PHILIPPINES. Now they're already divorced in the US but not yet annulled in the PHILIPPINES. We already have in hand they're divorce paper we include it with the docs we're sending. And we have two kids already. We also fixed the kids citizenship. Is that not enough proof for filing the k-1? thanks again for the infos you shared.

You are good to go as long you are divorced in the US. I was the same boat as you are and I didn't have my ex-wife to sign a paper to get my divorce done. The same thing with my friends and now they were together with hes fiancee for almost a year here in the US.

[Penguin_ie 5,993]

You are good to go as long you are divorced in the US. I was the same boat as you are and I didn't have my ex-wife to sign a paper to get my divorce done. The same thing with my friends and now they were together with hes fiancee for almost a year here in the US.

Are you from the Philipines though? They do not recognise divorce unless filed by the foreign spouse and even if so, it must be filed with the PH government.

[Messybrownhair 251]

They will ask for the annulment papers during interview and CFO, so you need to get that first. In the eyes of the PI government, she is not yet free to marry

[Inyakee 2]

Are you from the Philipines though? They do not recognise divorce unless filed by the foreign spouse and even if so, it must be filed with the PH government.

Yes, I am. I was married twice with my ex-wife here in US and in the Philippines. And I only file my divorce here in the US and the same what friends did. Few people that I knew they did the same thing. I'm pretty aware that divorce is not allowed in the Philippines.

[JimVaPhuong 4,863]

Yes, I am. I was married twice with my ex-wife here in US and in the Philippines. And I only file my divorce here in the US and the same what friends did. Few people that I knew they did the same thing. I'm pretty aware that divorce is not allowed in the Philippines.

If you apply for a fiancee visa in the Philippines then you must get an NSO clearance. A foreign divorce must be judicially recognized in the Philippines before NSO will issue a CENOMAR.

If you remarried abroad without getting your foreign divorce judicially recognized in the Philippines then the Philippine government might consider you a bigamist. This wouldn't prevent you from getting a visa to the US in another country, but it might cause you problems if you return to the Philippines and they discover your second marriage.

[rocky350 0]

I already have my CENOMAR here in the philippines. what I know is we cannot have the marriage here in the philippines bcoz he is not yet annulled but we can marry in the US becoz theyre already divorced. that's why he is getting me in the US using fiancee visa. then we can fix his annullment when i get there so in time we can have have the second ceremony here in the philippines. he is a US citizen not me. we already have the divorce paper so both of us is free to marry in the US.

[muñequita y osito 2]

I already have my CENOMAR here in the philippines. what I know is we cannot have the marriage here in the philippines bcoz he is not yet annulled but we can marry in the US becoz theyre already divorced. that's why he is getting me in the US using fiancee visa. then we can fix his annullment when i get there so in time we can have have the second ceremony here in the philippines. he is a US citizen not me. we already have the divorce paper so both of us is free to marry in the US.

I strongly advise you wait until it is 100% Final. I filed a K-1 visa petition last April and sent my fiance's court order divorce papers signed by the judge on February 24. I did not have his divorce decree or certificate. I called the NVC and asked if I could file with the court order and they assured me I could. I was approved by USCIS but when we had our interview, they denied his visa because the actual "certificate" did not come out until 1 month later after the petition. They stated he was married at the time I filed the petition. Be very cautious. It is better to wait a bit longer and not go through the whole process and have to start over again like we did

[HeatDeath 430]

If the PI beneficiary has a CENOMAR, and the USC petitioner is legally free to marry in the US, and the marriage will take place in the US, you guys should be fine. With a K-1, you couldn't have your marriage in PI anyways.

[rocky350 0]

I strongly advise you wait until it is 100% Final. I filed a K-1 visa petition last April and sent my fiance's court order divorce papers signed by the judge on February 24. I did not have his divorce decree or certificate. I called the NVC and asked if I could file with the court order and they assured me I could. I was approved by USCIS but when we had our interview, they denied his visa because the actual "certificate" did not come out until 1 month later after the petition. They stated he was married at the time I filed the petition. Be very cautious. It is better to wait a bit longer and not go through the whole process and have to start over again like we did

the divorce is already final, its been 2 years now that they we're divorced.