Previous k1 visa, no divorce, now CR-1- problem?

[Darnell 8,478]

she could call via telephone and inquire if a record exists on her and him - read the bottom at

http://hawaii.gov/health/vital-records/vital-records/index.html

otherwise? Each court maintains it's own records, apparently since 2002 these records are not available online (but I could be wrong)

[Cathi 5,755]

Just another thought. I have read more than once that in the Philippines that marriages have to be annulled, someone can correct me if I am wrong, but I am pretty sure she needs an annulment not a divorce before she can remarry.

[Boiler 45,525]

Sounds like her ban is over. Assuming those dates are correct.

I wonder what she about her previous marriage, the Consulate know they issued a K1 previously, know when she came back, did she say they never married?

[Gosia & Tito 199]

hi guys it's me again, i have a girl friend she meet a guy online before and they hook up the guy visit her here in the philippines and they are boyfriend and girl friend to make the story short the guy petition her under k1 after couple months she was approved in july 2006 then she leave philippines august 2006 when she arrived there in USA they went to las vegas to get married before the the k1 visa will expired....but then too bad they didn't get along well they have fight she always caught the husband dating another girl here in the philippines trough online where she meet him and then she got feed up after the hubby never stop what he's doing so she decided to come back here in the philippines last january 2007 even though the k1 visa still good...she don't even know if their wedding is valid because they are not doing any papers...so when she is back here in the philippines she meet another guy USC and they married over here last 2010 and they got 1 baby and they are filing the IV too and it was approved and she will having an interview sometime this year she is kinda a worried what if she will get denied on her visa because of that failed marriage in the states? is that gonna be a problem??? the ex hubby in the US is already married and got kids too....

so i have no idea i can't answer all her questions..that's why i'm asking for your help

THANK YOU guys.

"the ex hubby in the US is already married and got kids too....": either they never really marry or ex filed for divorce -and obtained it-

What your friend needs to do is contact her ex, get the facts of what went on and if divorced, get a copy of the divorce decree. Depending on the date of the decree (or if no marriage actually occurred), different alternatives can be decided.

Edited March 23, 2013 by Gosia & Tito

[ppihtr123 68]

Just another thought. I have read more than once that in the Philippines that marriages have to be annulled, someone can correct me if I am wrong, but I am pretty sure she needs an annulment not a divorce before she can remarry.

Yes that is true. In the Philippines there is no such thing as divorce. So if you get married there, annulment is the only way to terminate a marriage. By the way….It is done by the courts there, not the religious organization and can take 2-3 years given the requirements are met.

BUT

OP Friend was married in US so the above does not apply. The law of the land where the termination of the marriage begins is what governs it. If one were to start the process in the Philippines, it would be an annulment. To start a marriage, License where you do it, to end a marriage, decree where you file it. I don’t think there is a connection in any system that the population can see between start and stop. I do believe some governments have cracked that code especially since DHS has authority over municipalities at least in the US. Think of how DMV records used to not be connected between states back in the day.

I THINK even if a couple gets married in the PI and divorces in the states, there is a process where the PI may recognize the foreign divorce but I have not looked into that.

[Gosia & Tito 199]

thank you for the help its helps a lot

the guy live in hawaii do you have any idea if they have a public search for divorce decree?? thank you

It is irrelevant where he lives now. You can file for divorce in any state/county. Your friend needs to get in touch with ex and get copies of the divorce documentation, or at least where it was filed and granted.

[Harpa Timsah 13,258]

"the ex hubby in the US is already married and got kids too....": either they never really marry or ex filed for divorce -and obtained it-

What your friend needs to do is contact her ex, get the facts of what went on and if divorced, get a copy of the divorce decree. Depending on the date of the decree (or if no marriage actually occurred), different alternatives can be decided.

It doesn't mean the old husband got a divorce. He could be in a bigamous marriage as well. He could have lied on his paperwork easily.

[Gosia & Tito 199]

It doesn't mean the old husband got a divorce. He could be in a bigamous marriage as well. He could have lied on his paperwork easily.

Did think of that, but it is so easy to get a divorce these days, that it would be beyond stupid to re-marry without a divorce, not only legally but with the financial ramifications...let alone the family issues that could come with it.

You input is well taken however, one never knows what goes on in the heads of some.....

Edited March 23, 2013 by Gosia & Tito

[Boiler 45,525]

I have come across it. Guy died and had a Personal Accident benefit. He was working in the North Sea, had one wife in Norway and another in Scotland, happens.

[NikLR 13,227]

Did think of that, but it is so easy to get a divorce these days, that it would be beyond stupid to re-marry without a divorce, not only legally but with the financial ramifications...let alone the family issues that could come with it.

You input is well taken however, one never knows what goes on in the heads of some.....

it's easy to divorce but it's not necessarily cheap. My friend is in the middle of a divorce. She can't finalize because she doesn't have 7k sitting in her bank account. Maybe she would if the jerk would pay his child support for his 3 children but he's not. Yes that's how much it will cost her to divorce.

[del-2-5-2014 1,339]

it's easy to divorce but it's not necessarily cheap. My friend is in the middle of a divorce. She can't finalize because she doesn't have 7k sitting in her bank account. Maybe she would if the jerk would pay his child support for his 3 children but he's not. Yes that's how much it will cost her to divorce.

His 3 children? How about their 3 children. And those 3 innocent childrens Dad is who you just called a jerk on an online forum.

[Harpa Timsah 13,258]

Did think of that, but it is so easy to get a divorce these days, that it would be beyond stupid to re-marry without a divorce, not only legally but with the financial ramifications...let alone the family issues that could come with it.

You input is well taken however, one never knows what goes on in the heads of some.....

Yeah, it would be really really stupid. But nothing is preventing him from doing it. I think I could go marry someone else right now. I mean, it's illegal, and I would get caught and be up a creek, but I don't think anyone would prevent me from doing it. It's easy to marry in the US - the gov gets you for that crime in other ways, not from preventing it, you know?

It sounds like the timeline was too close together to get a divorce. I think both marriages at present are bigamous, but the OP needs to find that out.

[NikLR 13,227]

His 3 children? How about their 3 children. And those 3 innocent childrens Dad is who you just called a jerk on an online forum.

He is a complete jerk. If he was hit by a bus or train today, I'd be happy. 2 are his biological children and the 3rd he adopted that she had before she met him. One of my daughter's friends.

I'm not going into back story, but he should be in jail for what he's done to them. That's as far as I will go.

Edited March 24, 2013 by NikiR

[Calypso 464]

I think the OP and the "girl friend" in trouble are one and the same. Hopefully she finds out if a divorce between her and her ex-husband happened and when so she can get a copy of the decree and move forward with her current visa application.

[Boiler 45,525]

That is usually the case.