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HELP! Filing for K1 visa. A US Citizen previously married in the Philippines but divorce in USA.

By Bebot in Philippines

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Bebot Rookie

Bebot   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

This is my first time posting, and I need your opinion.

I am about to Petition my fiancé who lives in the Philippines.

Here’s the scenario:

• I am previously married in the Philippines. Year 2002

• I got my US Citizenship Year 2004

• I petitioned my ex-husband to be with me here in US, but he was denied because of a faulty answer he did. Year 2004

• Things didn’t work out between me and my ex-husband, no communication, agreed to be separated. (2004-to Present)

• Visit Manila Philippines and met someone (my fiancé now). Year 2010

• I file for divorce here in US (ex-husband is still in Manila). Year 2010

• I got my USA divorce decree last September 8, 2011

• I am legally single here in US but I am technically still married in Phils.

• After getting my divorce decree I will be Filing a fiancé petition to my fiancé that I met in the Philippines.

My questions are:

(A) Is my previous marriage to my ex-husband will interfere to the K1 visa I am filing to my Fiancé even though I am already a US citizen and I have a divorce decree as a proof that I am legal to re-marry here in US?

(B) My divorce decree termination of marriage is dated Sept 8, 2011. Will this be a problem if I am filling a petition of fiancé with the same month of Sept 2011?

Any help would be appreciated!

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted

This is my first time posting, and I need your opinion.

I am about to Petition my fiancé who lives in the Philippines.

Here’s the scenario:

• I am previously married in the Philippines. Year 2002

• I got my US Citizenship Year 2004

• I petitioned my ex-husband to be with me here in US, but he was denied because of a faulty answer he did. Year 2004

• Things didn’t work out between me and my ex-husband, no communication, agreed to be separated. (2004-to Present)

• Visit Manila Philippines and met someone (my fiancé now). Year 2010

• I file for divorce here in US (ex-husband is still in Manila). Year 2010

• I got my USA divorce decree last September 8, 2011

• I am legally single here in US but I am technically still married in Phils.

• After getting my divorce decree I will be Filing a fiancé petition to my fiancé that I met in the Philippines.

My questions are:

(A) Is my previous marriage to my ex-husband will interfere to the K1 visa I am filing to my Fiancé even though I am already a US citizen and I have a divorce decree as a proof that I am legal to re-marry here in US?

(B) My divorce decree termination of marriage is dated Sept 8, 2011. Will this be a problem if I am filling a petition of fiancé with the same month of Sept 2011?

Any help would be appreciated!

why do you think you arestill legally married in the PI?

YMMV

Bebot Rookie

Bebot   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

why do you think you arestill legally married in the PI?

Because the Philippine law doesn't recognized divorce. I am married in the Philippines and got my divorce here in USA. I met my fiance in the Philippines too and I am skeptical that my previous marriage will get in the way.

calibob Proficient

calibob   73

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted

Bebot,

Might want to see if a moderator would move your post to the Philippines section.......... Philippine Forum. You'll likely get better responses.

Bob

  • Married in Manila: 08/20/2010
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Theresa0828 Collaborator

Theresa0828   65

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

I do not know the answer to your questions but I think you can have your divorce validated in Philippine courts... Please see this link

http://www.facebook.com/media/set/?set=a.274181075942908.76888.100000530527016&l=a81066f290&type=1

Also, if your ex-husband is willing, did you ever think of pursuing an annulment?

Bebot Rookie

Bebot   0

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
  • Author
Posted

Hi Harvey and Theresa,

Thank you so much :)

My ex-husband already have a family on his own in the Philippines. He already have 2 kids from his live in partner now. Both of us are moving forward. But the wait to be with my fiance is just too depressing if I file for annulment. This will take another 2 years in process. :(

payxibka Grand Master

payxibka   10,047

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted (edited)

Because the Philippine law doesn't recognized divorce. I am married in the Philippines and got my divorce here in USA. I met my fiance in the Philippines too and I am skeptical that my previous marriage will get in the way.

you need to re-read PI law. a foreign divorce by a non PI citizen is recognizable in the PI. besides, it is not the PI government you need to prove divorce to but the US government.

Edited by payxibka

YMMV

Theresa0828 Collaborator

Theresa0828   65

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted

Hi Harvey and Theresa,

Thank you so much :)

My ex-husband already have a family on his own in the Philippines. He already have 2 kids from his live in partner now. Both of us are moving forward. But the wait to be with my fiance is just too depressing if I file for annulment. This will take another 2 years in process. :(

I understand... well, goodluck with your journey!!!

 
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