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

[rocky350 0]

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.

Yes, we couldn't have the marriage here in PI till we fix they're annulment. that's why we're getting married in the US using the k-1 visa. thanks I feel okay now with your response. =) God bless us all.

[Haarp425 26]

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!

Your USC fiancé can file I-129F for you to get K1 visa. Since your CENOMAR is valid and you are able to marry, you and your USC fiancé can get married here in the USA. You and your USC fiancé is getting married in the Philippines, so his I-129F application should be good because he is free to marry and you are free to marry.

Note: Philippines recognizes divorce filed by a NON-Filipino citizen to a Filipino Citizen.

Example: If both couple were Filipino Citizen and one moves to the US and obtain an LPR. He can file for divorce in the US against his Filipina wife. However, the final divorce decree is not recognized by the Philippines because the person filing for Divorce is still a Filipino Citizen. His Filipina spouse can not marry in the Philippines because their divorce is not recognized the by Philippines.

Example2: If both couple were Filipino Citizen and one moves to the US and becomes a USC. He can file for divorce in the US against his Filipina wife. The final divorce decree is now recognized by the Philippines because the person filing for Divorce is no longer a Filipino Citizen. His Filipina ex-wife can now re-marry.

Now, if your USC fiancé wants to get married there in the Philippines with you, he needs a couple of things:

- He needs to bring a certified copy of the divorce decree,

- His Certificate of Legal Capacity for Marriage from the US Embassy in Manila or US Consulate in Cebu,

- His US passport,

- His birth certificate,

- He can apply for his CENOMAR via online and send it to your address in Philippines and he needs to get his license application to the NSO Office.

- He can also get an endorsement from NSO official/staff that will make his CENOMAR valid by showing the "certified copy of the divorce decree from USA and Certificate of Legal Capacity for Marriage from the US Embassy in Manila or US Consulate in Cebu".

When that is done, your USC husband then can file IR1/CR1 for you instead.