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

[Bebot 0]

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!

[je & wyn 4]

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!

[je & wyn 4]

I believe it should not be a problem at all u can file for a k1 visa since u are already a US citizen and divorced with ur ex husband who is in the phils. And ifever ur fiance will be granted a k1 visa u will get married here in the US the philippine law has no jurisdiction any more with u not unless u will get married in the phil u will still be liable unless u file for annulment. And one of the big question. I want to ask is ur fiance single? Or has a previous marriage in the phil also? Regarding ur 2nd question it doesn't matter if u file also this month same time that ujust got ur divorce decree coz u are already free to marry since the date u obtain it. I am also on almost same situation as u are. Good luck!

[Bebot 0]

Hi wynona,

Thank you so much for the insight... Atst i can breath now.. and will go thru and send my petition papers for my fiance. I really appreciate the help. I thought i still have to go through the annullment process. Its just too depressing to wait for another 2 years.

My fiance is single and never married. So were safe on the part.

Bebot

[johnvil 2]

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!

Hi! Just to give my own opinion regarding your problem, as far as i know i think you should still need to file an annulment here in the phil . Isnt it you got married here in the Phil.? The US embassy will ask for you CENOMAR, and for sure your previous marriage will appear in the CENOMAR unless you have it annulled. Well, just a piece of advice, you better file an annulment before filing a K1 visa so that there will be no problem when you go for an interview at the USEM.

[Tahoma 2,292]

• I got my US Citizenship Year 2004

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

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?

Since both you and your fiancé are single, I think you are good to go.

Read post #18 in this thread.

2) If the Filipino citizen gets married in the Philippines, and then gets divorced in the US, and it was the Filipino citizen who initiated divorce, it will not be recognized in the PI. However, if the Filipino citizen has naturalized at time of filing/granting of divorce, then the divorce will be recognized in the PI. If petitioner, on the other hand, was Filipino citizen at time of filing, and then has become a US citizen by the time divorce was granted, divorce will not be recognized.

I trust Pinay Wife's advice.

[TeddyHoney 42]

Since both you and your fiancé are single, I think you are good to go.

Read post #18 in this thread.

2) If the Filipino citizen gets married in the Philippines, and then gets divorced in the US, and it was the Filipino citizen who initiated divorce, it will not be recognized in the PI. However, if the Filipino citizen has naturalized at time of filing/granting of divorce, then the divorce will be recognized in the PI. If petitioner, on the other hand, was Filipino citizen at time of filing, and then has become a US citizen by the time divorce was granted, divorce will not be recognized.

I trust Pinay Wife's advice.

I agree. My filipina ex wife and I were married int he Phils some years ago. We divorced last year. She initiated the divorce. At the time she had not yet got her citizenship here. Upon our divorce we were both free to marry here. She did this year to another USC. I also last year petioned for my pinay fiancee with our divorce decree.

My ex cannot officially marry in the Phils because they do not recognize our divorce there. She just got her citizenship this year.

I don't know if I could go tot he Phils and marry officially, cuz I am on the books there as married to my ex, just as she is. But since I am not citizen of the Phils, I wonder. Doesn't matter, cuz my fiancee and I are doing K-1.

[je & wyn 4]

Hi wynona,

Thank you so much for the insight... Atst i can breath now.. and will go thru and send my petition papers for my fiance. I really appreciate the help. I thought i still have to go through the annullment process. Its just too depressing to wait for another 2 years.

My fiance is single and never married. So were safe on the part.

Bebot

you very welcome! so if ur fiance is single never been married so absolutely u can go ahead now and file for the k1 application, my fiance is also never been married so start to gather all the paper works...goodluck and god bless!