i need an expert advice

[VanessaTony 3,567]

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?

Yes, the court in YOUR country, in your government.

No idea how much it will cost. I assume it varies from area to area so you should contact either a lawyer, or the court in your area and ask them about the process (as mentioned in my link previous).

[Deputy Purple 1,294]

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.

Thomas, maybe you need to understand the magnitude of the situation. If she claims to be a Widow then she is misrepresenting a material fact to USCIS/DOS which is grounds for a lifetime ban.

I am not judging her, I am attempting to be helpful by steering her away from such a bad choice.

FWIW, the laws of the two countries differ but they don't really contradict each other.

If she does as both myself and Venessa&Tony have said REPEATEDLY then she won't have any problems but if she continues to entertain the False Claim of Widow she can end up costing her and her guy a lot of time & money while jeopardizing their future together.

I fail to see a lack of patience (note the spelling as I'd need to be a medical professional to have patients) or humanity in my posts when they are attempting to prevent her from following a destructive path. I have not accused her of being a scammer or someone who would willingly commit fraud.

[VanessaTony 3,567]

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 patientspatience or humanity...then please do not reply.

"Patience or humanity"? I would say it's taking quite a bit of patience to give the OP the correct answers and have her on MULTIPLE occasions ignore the posts in favour of trying to break the law. Yes trying to break the law I doubt is her intent, but she keeps ignoring the proper legal advice to try and find ways around it even after posts have been written stating quite clearly that claiming to be a widow is illegal and could cause her a lot of heartache down the road.

Bob4Anna only wrote the post in CAPS to make it obvious to the OP that continually pursuing the avenue of claiming to be a widow is ILLEGAL. Bob4Anna already wrote it in at least 2 posts prior to the "harsh ones" (nicely) and the OP ignored it. Bob4Anna is being quite good to the OP by making it a lot clearer (since being nice about it wasn't getting results) that her current thought about being a widow is illegal and she NEEDS to have the divorce recognised.

She is divorced, not a widow. She could easily also be divorced in the Philippines, she just needs to get it recognised.

[Thomas&Cleofe 358]

Thomas, maybe you need to understand the magnitude of the situation. If she claims to be a Widow then she is misrepresenting a material fact to USCIS/DOS which is grounds for a lifetime ban.

I am not judging her, I am attempting to be helpful by steering her away from such a bad choice.

FWIW, the laws of the two countries differ but they don't really contradict each other.

If she does as both myself and Venessa&Tony have said REPEATEDLY then she won't have any problems but if she continues to entertain the False Claim of Widow she can end up costing her and her guy a lot of time & money while jeopardizing their future together.

I fail to see a lack of patience (note the spelling as I'd need to be a medical professional to have patients) or humanity in my posts when they are attempting to prevent her from following a destructive path. I have not accused her of being a scammer or someone who would willingly commit fraud.

Oh yes...I do understand the magnitude. But when you type in Capital letters that she is commiting immigration fraud...it looks like accusations online.....I know you are trying to help, but we need to have online etiquette because its easy to take advice out of context.

[VanessaTony 3,567]

Oh yes...I do understand the magnitude. But when you type in Capital letters that she is commiting immigration fraud...it looks like accusations online.....I know you are trying to help, but we need to have online etiquette because its easy to take advice out of context.

There was no such post with such an accusation. I suggest you read the post properly instead of jumping to conclusions. Bob4Anna wrote "IF YOU CLAIM WIDOWED YOU"RE COMMITTING FRAUD." Note the word "IF". IF is the important part of the post. There was no accusation that the OP WAS committing fraud, there was a warning that the OP WOULD be committing fraud if she continued down the widowed path. I suggest you read posts accurately to prevent yourself from making unfounded accusations.

**Edit - You are still quite new to the forums, derailing this thread with these posts from you misreading Bob4Anna's post is doing the OP a disservice.

Edited May 6, 2012 by Vanessa&Tony

[KKJJ 16]

Vanessa&Tony and Bob 4 Ana gave you the correct advice/answers to your question which in my opinion the correct path to follow and go from there. After that everything will be easy and not complicated anymore.

[LSnBigBear 61]

Your situation is not complicated as it appears. My friend married a filipina that had a divorce from Japanese man from Japan courts. It took her some time to obtain the divorce papers but it all worked out. My suggestion is be as honest as you were in your explanation here. State to everyone he divorced you in the USA, take that copy along with his death certificate as honesty is best. Explain in detail and you will not incur a delay. It all seems like an easy case as he is dead which now allows you to marry anyone. Had you just been divorced from USA then WOW you would have to do the lengthy annulment process in your country. I highly doubt they will force you to do an annulment since your ex husband is dead.

Be honest and let the chips fall where they lay.

Good luck

Shawn

[VanessaTony 3,567]

Your situation is not complicated as it appears. My friend married a filipina that had a divorce from Japanese man from Japan courts. It took her some time to obtain the divorce papers but it all worked out. My suggestion is be as honest as you were in your explanation here. State to everyone he divorced you in the USA, take that copy along with his death certificate as honesty is best. Explain in detail and you will not incur a delay. It all seems like an easy case as he is dead which now allows you to marry anyone. Had you just been divorced from USA then WOW you would have to do the lengthy annulment process in your country. I highly doubt they will force you to do an annulment since your ex husband is dead.

Be honest and let the chips fall where they lay.

The bolded portion is the important portion.. her EX-husband is dead. Not her husband.

It would be incredibly foolish to just "let the chips fall where they may" when it could result in a denial. It would make much more sense to start the process to have the divorce recognised now before the OP files any of the K1/CR-1 stuff (whichever route they go) so that it is finalised by the time they do file. If they wait it could severely delay their process.

[Hank_ 9,174]

You will need the CENOMAR from NSO for the K-1 process at the embassy. As for starting the petition, I-129F you are not required to provide divorce details only be legally free to marry and sign a letter of INTENT along with a G-325A. You will have to provide a current CENOMAR to the embassy of course, if you can not be issued a CENOMAR then you need to complete whatever is necessary to get your status to single so you can be issued a CENOMAR. And if you can not be issued a CENOMAR now do not bother starting the petition process as you are NOT free to marry by Philippine law, so you need to clear that up.

The divorce decree alone would be acceptable in the States but I don't know that the embassy would waiver the CENOMAR because you possess the divorce decree (and death certificate, even though you are NOT the widow). You need to remember CFO requires you bring a CENOMAR to their seminar also and they for sure will not accept the divorce decree.

Edited May 7, 2012 by Hank_Amy

[wine 1]

Hello VJ members

Im filipina living and residing here in Philippines

who was married before in american guy who cheated on me

and he file divorce in USA and it was granted by the court there and he got married to his new wife

never been there anyway

i got it authenticated from Phil Embassy in USA (his new wife did and helped me)

but since we are married here in philippines its not valid and i am not capable to marry someone else since divorce is not recognized by Philippine law

so i didnt marry but have new bf online again as of this moment

and plan to meet this year or early next year depend on savings and vacation leave which i understand

back to my ex husband he died last yr of Aug 2011 due to lung cancer at the age of 55

which claims me as widowed here in the Philippines (as far as i know and people think)

since i am still his legal wife here in Philippines but according to his death cert his new wife is the wife as it is

stated in death cert as informant but i have cenomar marriage cert that proves that we get married and under our law im his wife here i have a copy of his death cert that sent to me by his new wife but i asked for a certified copy from his niece and she helped me and my bf in arizona is willing to help me to get it authenticated there..

now my question is this

if my bf file for k1 visa does my cenomar marriage cert and death cert is enough as proof of evidence that i am capable to re-marry someone or do i need to include the divorce paper? to prove that he got divorce in me so he marry someone else.

and regarding with my passport im still using his surname do i need to revert back to my single name

or just as is? (was thinking that could be a proof to that ive been married to my ex hubby)

or do i need to change it back to single name?

i have a daughter from another guy (not my ex husband) but another guy after i got divorce from my ex husband and shes using my single name not my married name since thats not his father and also shes using my last name because his father didnt sign the papers for the process of birth certificate would this cause alot of trouble since we want to bring her with me

so heres the current situation

i have passport using my married name to my ex husband which will expire on 2013 of sept

my daughter is using my single name which i want to get her passport soon

i have divorce decree authenticated by Phil embassy in USA

and soon death Cert authenticated by Phil Embassy in USA

i know my current situation is kinda complicated

but i hope you can help me

thanks and god bless us all...

hi there..it's best for u to bring ur divorce papers and death certificate of ur exhusband to ur nearest nso office to clear ur doubts.. i think nobody here could answer ur questions exactly coz nobody here works with the nso...nso is the proper office handling these matters in the phils...

[Piso Envy 5]

filipinalover -

Your Certificate of Marriage needs to be amended by the NSO to show dissolution by divorce, and your CENOMAR must be clear. Until that time, you are not free to marry in the PI or eligible to be petitioned for a USA K1 fiancee visa.

Since you already have a copy of your divorce decree authenticated by the US Embassy, the next step is to petition for Judicial Recognition of a Foreign Divorce Decree through the Regional Trial Court. You will need an attorney to do this. Ask your godmother in the Mayor's Office to help with procedures and referrals.

Once the RTC approves your petition, you will return to the LCR in the city where you were married and begin the process of amending your Certificate of Marriage as dissolved. Either the LCR or you will take those documents to the NSO office in Manila, and after several months your amended Certificate of Marriage will be available, and subsequent requests for your CENOMAR will indicate your accurate and legal civil status.

Then your fiancee can file for your K1 Visa.

Happy Trails!

[superpotsky 13]

filipinalover -

Your Certificate of Marriage needs to be amended by the NSO to show dissolution by divorce, and your CENOMAR must be clear. Until that time, you are not free to marry in the PI or eligible to be petitioned for a USA K1 fiancee visa.

Since you already have a copy of your divorce decree authenticated by the US Embassy, the next step is to petition for Judicial Recognition of a Foreign Divorce Decree through the Regional Trial Court. You will need an attorney to do this. Ask your godmother in the Mayor's Office to help with procedures and referrals.

Once the RTC approves your petition, you will return to the LCR in the city where you were married and begin the process of amending your Certificate of Marriage as dissolved. Either the LCR or you will take those documents to the NSO office in Manila, and after several months your amended Certificate of Marriage will be available, and subsequent requests for your CENOMAR will indicate your accurate and legal civil status.

Then your fiancee can file for your K1 Visa.

Happy Trails!

Best advice .

Since she wasn't the legal wife in US when the ex-husband passed away the death certificate has nothing to do with the dissolution of marriage in PH.

[filipinalover 0]

Best advice .

Since she wasn't the legal wife in US when the ex-husband passed away the death certificate has nothing to do with the dissolution of marriage in PH.

thanks for all the advice

i already talked to my god mother and she is willing to help me

she will talk to the regional trial court judge here in cavite

regarding my situation

god is good...

Edited May 7, 2012 by filipinalover

[yahm 1]

Hello. I have the same situation as you. married to a USC, and got divorced (he is still alive lol). I filed for judicial recognition and the court granted it, however, I have been having problem with the LCR for they want me to show them the certificate/court decision from the court where the divorce was initiated. and I have not received anything, for I only got a piece of paper , the lieu of judgment. and they don't want to honor it. I have tried to come up with a authenticated divorce decree, and still my case is still at pending.

So my interview came, and I only had my divorce decree as a proof of my terminated marriage, and I brought my finality and court decision from the court, just in case. I am relieved that they honor my divorce decree, for I have no idea on when will my case be finally granted. I am set to leave in 2 weeks.

Although, the recognition process is not really needed during the interview, it was a wise move for me to have filed the case, for I would want to report my marriage at the consulate in the future. I just hope they will finally grant it. someday maybe.

When you file the case, present the death certificate as well, for it will be use as evidence too. they are right, it will not be a wise idea to say you are his widow because he already married someone else, in his country, his government, and he filed the divorce before that. although, til now, you are still his widow in our country, you cannot take the easy way. (by just showing the death cert and such) . They might even question you on why you didn't file for recognition right away,after the divorce was granted. ( I was divorced 2007,I filed 2009,yet they still questioned it. )

I don't have any helpful advice regarding the passport and using his last name , for I have never used my ex's last name. but I think you should start researching about changing to your maiden name. When you go for the interview, they will ask you for your CEMAR and NBI with aka's. and you together with the divorce decree.

[Deputy Purple 1,294]

So my interview came, and I only had my divorce decree as a proof of my terminated marriage, and I brought my finality and court decision from the court, just in case. I am relieved that they honor my divorce decree, for I have no idea on when will my case be finally granted. I am set to leave in 2 weeks.

Although, the recognition process is not really needed during the interview, it was a wise move for me to have filed the case, for I would want to report my marriage at the consulate in the future. I just hope they will finally grant it. someday maybe.

Yahm,

You are aware of the CFO requirement for Exit Clearance, right? How to you plan to secure that if you're still legally married to your ex-husband in the Philippines?

It is generally agreed that the US Embassy will issue a K-1 Visa to a Filipino who is divorced even if that divorce isn't recognized by the Philippine Government as the US Government recognizes the divorce, the problem is getting CFO Exit Clearance which is required to clear Philippine Immigration in order to leave the Philippines.