Proof of divorce? Bad legal advice?

[David & Diana R 1,005]

Our visa is moving along just fine so far. My wife passed her St. Lukes hurdle early and they made the proper notation in her passport.

This new question is regarding a girlfriend of my wife who also lives in Philippines. To make a long story short, her American fiance was advised by the attorney handling their marriage that he should swear out some kind of affidavit at the US Embassy in Cebu. The affidavit should state that he has never been married. Only problem was he had been married but had been legally divorced months before. But he neglected to bring any copy of his US Divorce Decree with him to the Philippines. The attorney advised them that the form requested by the Philippine government was merely a formality and there would be no problem getting the form, all he had to do was "lie under oath"? It was decided that there was no way for the groom to get his divorce decree delivered in time to have the wedding on the set date so the fiance and groom went to the embassy and managed to get the authorization to be married. Now the wife is worried that the papers between the Philippines Embassy and the US Embassy are going to clash. When they filed their I-130 the divorce decree was of course included. There was no hiding of the previous marriage. Now come the CFO. The wife told them that he had not been married because again if she had they wanted an original of the divorce decree. The wife completed the CFO class after 2 horrifying days. She received her certificate and was told to come back once she got her VISA. She is now concerned that the VISA contains all the papers filed with the US embassy. I have read that the VISA is simply somehow entered into the PASSPORT? Am I wrong? I mean it sounds to me like the two sets of docs are not going to cross paths. And it just seems that since the guy was legally divorced PRIOR TO THE MARRIAGE it just doesn't really matter? CFO ALREADY HAD THE WIFE turn in all kinds of papers before she got the Certificate of Completion. Does anyone know what the CFO does at this point? From everything I have read if the Filipina has the PASSPORT AND VISA the CFO personnel simply verify that there is a VISA in effect, compare it with the Certificate Of Completion and affix the CFO sticker to the passport or visa? What does a VISA look like? Is it several pages or is it stapled into or somehow affixed to the passport? This is one very nervous Filipina...are there answers out there.

[apple21 953]

I don't see an issue. She already completed the seminar. Once lady receives her visa (it is attached inside her passport), she can go back to CFO and get the sticker.

She will need to bring in the following marked in red:

Requirements for Registration:

Original and photocopy of Passport;

Original and photocopy of visa

Original and photocopy of Immigrant Data Summary for US-bound emigrants (except for K visa holders);

Original and photocopy of Confirmation of Permanent Residence for Canada-bound emigrants;

Original and photocopy of Certification of Eligibility for Japan-bound emigrants;

Original CFO guidance and counseling certificate;

Duly completed emigrant registration form; and

Payment of the authorized registration fee.

Source: http://www.cfo.gov.ph/index.php?option=com_content&view=article&id=1348:fiancee-spouses-and-other-partners-of-foreign-nationals&catid=140

Edited April 13, 2013 by apple21

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Philippines regional forum; topic is country specific.

[mai95 4]

I would say it is a toss up, They got married in the Philippines, what will their marriage certificate say? If it says that he was never married there may be a problem.

But not a reason to turn down a visa. I would say that since he did not lie on the orginal paperwork that is all the U.S. cares about. By U.S. law he was divorced and then legally married.

Bottom line was is what the Philippine marriage certificate says, get that and that will determine the amount of worrying you have to do. At the worst it will raise a bunch of questions and he may have to get a certified copy of the divorce. thats my two cents.

[mai95 4]

Dual citizenship is allowed, the benifit is the exit fee as someone has said. but also a returning Philippine citizen returning home can stay unlimiited and family members traveling with them(non-Philippine citizens) can stay up to 1 year. Most times when you go thru immigration at the airport you don't even have to ask for it, they automatically put it on your passport (as long as you go thru together.

Bottom line Dual citizenship is worth it and can be done before coming the the U.S. (or other countries) or later, but may if an Embassy is not close you have to travel far. So that is why many get it before leaving the Philippines.

[Hank_ 9,174]

Our visa is moving along just fine so far. My wife passed her St. Lukes hurdle early and they made the proper notation in her passport.

This new question is regarding a girlfriend of my wife who also lives in Philippines. To make a long story short, her American fiance was advised by the attorney handling their marriage that he should swear out some kind of affidavit at the US Embassy in Cebu. The affidavit should state that he has never been married. Only problem was he had been married but had been legally divorced months before. But he neglected to bring any copy of his US Divorce Decree with him to the Philippines. The attorney advised them that the form requested by the Philippine government was merely a formality and there would be no problem getting the form, all he had to do was "lie under oath"? It was decided that there was no way for the groom to get his divorce decree delivered in time to have the wedding on the set date so the fiance and groom went to the embassy and managed to get the authorization to be married. Now the wife is worried that the papers between the Philippines Embassy and the US Embassy are going to clash. When they filed their I-130 the divorce decree was of course included. There was no hiding of the previous marriage. Now come the CFO. The wife told them that he had not been married because again if she had they wanted an original of the divorce decree. The wife completed the CFO class after 2 horrifying days. She received her certificate and was told to come back once she got her VISA. She is now concerned that the VISA contains all the papers filed with the US embassy. I have read that the VISA is simply somehow entered into the PASSPORT? Am I wrong? I mean it sounds to me like the two sets of docs are not going to cross paths. And it just seems that since the guy was legally divorced PRIOR TO THE MARRIAGE it just doesn't really matter? CFO ALREADY HAD THE WIFE turn in all kinds of papers before she got the Certificate of Completion. Does anyone know what the CFO does at this point? From everything I have read if the Filipina has the PASSPORT AND VISA the CFO personnel simply verify that there is a VISA in effect, compare it with the Certificate Of Completion and affix the CFO sticker to the passport or visa? What does a VISA look like? Is it several pages or is it stapled into or somehow affixed to the passport? This is one very nervous Filipina...are there answers out there.

Relax, CFO and the embassy to not share documents. She has her CFO certificate so all she needs now is the sticker. The visa from the embassy only shows pertinent data for entry into the States (all the documents you submitted before are in a sealed envelope and won't be opened until in the States).

Once she has her passport back with the visa in it, she takes that over to CFO with the certificate she received earlier, they will then affix their sticker in her passport and she is done.

Oh, and CFO does not ask for an original of the divorce decree, only a copy. Moot point now, but just saying..