i need an expert advice

[Thomas&Cleofe 358]

You didn't read the link I posted did you?... You don't need to file a foreign judgement. You file with YOUR GOVERNMENT to have the divorce recognised, which because he is a USC, and because HE filed for divorce, it will be. Read the link I posted previously which explains it to you.

You're right, the US says you're divorced, but you're going to tell them that you're widowed instead? You've got 2 sets of paperwork which mean different things. You were divorced before he died, he was married to someone else.

Again, read the link I posted, file with YOUR GOVERNMENT to have the divorce recognised, and move on. His death isn't relevant to you, you are not his wife under US law, so presenting yourself as a widow is wrong.

Yes, you are right. In US she was divorced before he died, but in Philippines she is still married. She have to prove it in the courts that her foreign husband filed divorce before her government will recognize.

[Thomas&Cleofe 358]

but getting married here in philippines is not the plan my bf wants to get married in USA

do u think its best to get married here?

i have a back up in municipality here since my mayors secretary is my god mother so she can help me

if i want to get married here but my bf wants to marry me in US thats why we are seeking advice

if what to do he wants everything settled before he visit me

I understand that you want to marry in USA, but you must prove phil government and US government that you are free to marry. You will not be granted a K-1 visa even if the US government agrees that you are free to marry. Your government also must agree that you are free to marry. Check with your barangay and ask what you need to do to make you eligible for marriage again.

[filipinalover 0]

I understand that you want to marry in USA, but you must prove phil government and US government that you are free to marry. You will not be granted a K-1 visa even if the US government agrees that you are free to marry. Your government also must agree that you are free to marry. Check with your barangay and ask what you need to do to make you eligible for marriage again.

ill do your advice will ask my neighbor since she works in municipal and will see what we need to do...

[Deputy Purple 1,294]

You didn't read the link I posted did you?... You don't need to file a foreign judgement. You file with YOUR GOVERNMENT to have the divorce recognised, which because he is a USC, and because HE filed for divorce, it will be. Read the link I posted previously which explains it to you.

You're right, the US says you're divorced, but you're going to tell them that you're widowed instead? You've got 2 sets of paperwork which mean different things. You were divorced before he died, he was married to someone else.

Again, read the link I posted, file with YOUR GOVERNMENT to have the divorce recognised, and move on. His death isn't relevant to you, you are not his wife under US law, so presenting yourself as a widow is wrong.

This is the route to take.

If you claim to be widowed instead of divorced then your are misrepresenting something for the purpose of getting an immigration benefit. To make matters worse, your status as "Free to marry" is a material fact for a K-1 Visa. This means it's conceivable that you could be charged with Material Misrepresentation would would result in a lifetime ban from the US.

DO NOT play fast and loose with the truth when it comes to immigrating to the US, if everything isn't right you can find yourself in a lot of trouble.

[Thomas&Cleofe 358]

ill do your advice will ask my neighbor since she works in municipal and will see what we need to do...

oo....ask the municipal what will make you eligible to marry again. They should be able to tell you what you need to do. Good luck to you....let me know what happens.

[Deputy Purple 1,294]

I understand that you want to marry in USA, but you must prove phil government and US government that you are free to marry. You will not be granted a K-1 visa even if the US government agrees that you are free to marry. Your government also must agree that you are free to marry. Check with your barangay and ask what you need to do to make you eligible for marriage again.

That is not correct. There have been a few threads here where Pinays were issued K-1 Visas with foreign divorces (even where she initiated the divorce) because the US recognizes the divorce. The problem will be that the Philippine government requires everyone leaving to be cleared for exit by the CFO. CFO will not clear her with a K-1 Visa if she hasn't filed to get her divorce recognized. a K-1 Visa is useless if she can't get out of the Philippines.

[filipinalover 0]

This is the route to take.

If you claim to be widowed instead of divorced then your are misrepresenting something for the purpose of getting an immigration benefit. To make matters worse, your status as "Free to marry" is a material fact for a K-1 Visa. This means it's conceivable that you could be charged with Material Misrepresentation would would result in a lifetime ban from the US.

DO NOT play fast and loose with the truth when it comes to immigrating to the US, if everything isn't right you can find yourself in a lot of trouble.

some people says keep the death cert and use the divorce decree instead

but do i need to have it recognized in the philippines if the plan is to marry in US?

Edited May 6, 2012 by filipinalover

[Thomas&Cleofe 358]

some people says keep the death cert and used the divorce decree

but do i need to have it recognized in the philippines if the plan is to marry in US?

Yes....you need to have it recognized in the philippines also.....both countries!

[Deputy Purple 1,294]

some people says keep the death cert and use the divorce decree instead

but do i need to have it recognized in the philippines if the plan is to marry in US?

Yes...

The death certificate is nothing for you.

If you file now claiming to be a widow (which you are not) then at anytime (even after naturalization if you choose to) USCIS could become aware of your divorce and charge you with Material Misrepresentation which would get you deported and banned.

You need the Philippines to acknowledge the divorce so that the CFO will issue you exit clearance otherwise you can't leave the country.

If you claim to be widowed for NSO but tell the US Embassy you were divorced they will see on your NSO CEMAR that you claimed to be widowed and you're committing fraud.

[filipinalover 0]

Yes...

The death certificate is nothing for you.

If you file now claiming to be a widow (which you are not) then at anytime (even after naturalization if you choose to) USCIS could become aware of your divorce and charge you with Material Misrepresentation which would get you deported and banned.

You need the Philippines to acknowledge the divorce so that the CFO will issue you exit clearance otherwise you can't leave the country.

If you claim to be widowed for NSO but tell the US Embassy you were divorced they will see on your NSO CEMAR that you claimed to be widowed and you're committing fraud.

if i claim widowed in NSO do they need death cert of my ex? since if its stated as widowed or they will just rely on NSO? ive heard some filipina granted by k-1 visa using divorce paper but no prob with CFO

this is tough

[VanessaTony 3,567]

if i claim widowed in NSO do they need death cert of my ex? since if its stated as widowed or they will just rely on NSO? ive heard some filipina granted by k-1 visa using divorce paper but no prob with CFO

this is tough

It's NOT tough. You're ignoring the advice. FOLLOW the advice to have your divorce recognised, that's as difficult as it gets. Stop trying to work your way around it, stop trying to avoid doing it. You're playing with fire to avoid doing it any way but the PROPER way which is to get your divorce recognised.

[filipinalover 0]

It's NOT tough. You're ignoring the advice. FOLLOW the advice to have your divorce recognised, that's as difficult as it gets. Stop trying to work your way around it, stop trying to avoid doing it. You're playing with fire to avoid doing it any way but the PROPER way which is to get your divorce recognised.

according to what ive read in the link you sent i need to recognized in in court not in govt

how many mos u think is the process and how much will it cost?

[Thomas&Cleofe 358]

according to what ive read in the link you sent i need to recognized in in court not in govt

how many mos u think is the process and how much will it cost?

Basically...it is just a document processing. The fee should not be that expensive.

[Deputy Purple 1,294]

if i claim widowed in NSO do they need death cert of my ex? since if its stated as widowed or they will just rely on NSO? ive heard some filipina granted by k-1 visa using divorce paper but no prob with CFO

this is tough

IF YOU CLAIM WIDOWED YOU"RE COMMITTING FRAUD.

The reason others could get CFO Clearance with a divorce is because they filed for Judicial Recognition of the Foreign Divorce and it was granted so they were once again free to marry in the Philippines.

[Thomas&Cleofe 358]

IF YOU CLAIM WIDOWED YOU"RE COMMITTING FRAUD.

The reason others could get CFO Clearance with a divorce is because they filed for Judicial Recognition of the Foreign Divorce and it was granted so they were once again free to marry in the Philippines.

Take it easy Bob 4 Anna.....we are here to help. We do not judge. She is not intentionally persuing any fraudulant activity. The 2 countries have contradicting laws. She is just trying to figure it out....If you dont have any patients or humanity...then please do not reply.