Married only abroad but not in Philippines

[BobGee 5]

Hello vjers,

I was married abroad middle east year 2003 and divorced 2004. According to their law, I'm legally divorced and have a proof of it ( this is also submitted to the USCIS, from the very beginning). So when NVC provided me a case#, it should be process in Manila. What makes me worry is that, in my NBI Clearance, it says I'm single. I asked the NBI employee if it is ok to change it as "divorced" being my civil status, he said, Philippine law has no divorce. Could this be accepted by the US Embassy Manila?

Appreciate your inputs...

[TinTin and Samby 11]

Hello vjers,

I was married abroad middle east year 2003 and divorced 2004. According to their law, I'm legally divorced and have a proof of it ( this is also submitted to the USCIS, from the very beginning). So when NVC provided me a case#, it should be process in Manila. What makes me worry is that, in my NBI Clearance, it says I'm single. I asked the NBI employee if it is ok to change it as "divorced" being my civil status, he said, Philippine law has no divorce. Could this be accepted by the US Embassy Manila?

Appreciate your inputs...

Your profile is a bit confusing. It says that you already had your interview at USEM. Yet, your signature line says it is only scheduled for later this month.

So, I will make some assumptions for my reply to you. Please correct any assumptions that are not accurate. And note the key information needed in order to know what your option(s) are.

1. You are a Filipina currently residing in the Philippines.

2. You were previously in the Middle East (IMPORTANT: need to know the Country to confirm the answer to your situation) where you were married and then divorced from some man (IMPORTANT: need to know the citizenship of that man in order to confirm the answer for your situation.)

3. You never had your Middle East marriage reported to the NSO in the Philippines (which by the way, is irrelevent - the Marriage existed, regardless of having it reported or not).

If you were NOT the petitioner for the Divorce (and depending on the COUNTRY where the divorce occurred and the CITIZENSHIP of the Man you were married to), then the Philippines WILL recognize the Divorce. You will need to a) Report the Marriage to the NSO and then b) report this valid exception to the "no divorce" Philippine Laws. This must also be reported to the NSO so that they can issue a correct and true CEMAR/CENOMAR documenting your previous married status and your current divorced status - and most importantly, you legal ability to enter into another marriage.

There is simply no way that all of this NSO paperwork will be complete by your scheduled interview at USEM in Manila this month.

You can not simply take the NSO CENOMAR to the USEM and "not mention" the prior marriage and divorce. That would be Fraud and it would most likely result in not only a denial of the K1, but a ban as well. (I do see where you stated that you provvided this info in your previous documentation. However it would be erroneous to assume that USCIS has even looked at your file contents yet. Just becuase they have not communicated anything to you, does NOT mean that "All is Well".)

One of the fundamental requirements of the K1 visa is that BOTH parities have to be legally able to Marry. This Legal Ability to Marry is based on the Laws of the Countries from which the each party is a citizen. That would by PHILIPPINES for you. Having a Divorce Decree from a Middle Eastern country does nothing to tell the USEM that by PHILIPPINE Law, you are free to Marry.

The above is the BEST CASE SCENARIO for you. It could be far worse. If the person you were married to and divorced from in the Middle East was a Filipino citizen, then that divorce will be invalid in the Philippines and you will still be considered married and therefore NOT free to Marry again - hence no K1 Visa.

Also, if the person you were married to and divorced from in the Middle East was a citizen of a country that allows divorce, but YOU were the party that initiated the Divorce Action, then that divorce will also be deemed invalid in the Philippines and you will still be considered married and therefore NOT free to Marry again - hence no K1 Visa.

You have a lot of work ahead of you to straighten all of this out before you can proceed with your K1 Visa process. I wish you the best of luck.

Warm Regards,

Samby

P.S. There is the remote possibility of filing for ("buying") an Annullment, but that is not a sure thing, takes a long time and can be very expensive in the Philippines.