Recognition of foreign divorce after the death of ex-husband

[Tahoma 2,291]

That sounds like the advice her lawyer gave her. Just use the death certificate when she goes to get her status adjusted with NSO. I don't see why the CFO people would dig too deep if she has the K-1 visa in her passport and the appropriate documents from NSO based off of the death certificate. How would they even know to ask?

I don't know how deep the CFO will dig. However, they'll know she's divorced simply looking at her CFO registration form.

Once again, I think the death certificate (and/or the divorce papers) have to be authenticated by the Philippines Embassy in Japan. I believe the Embassy will be the one who passes on the authenticated documents to the NSO. I don't think you or your wife can be a part of that process. Once the NSO receives the authenticated documents from the Embassy, they will annotate the marriage certificate and you will be able to get a copy of it from them and submit it to the CFO.

I spoke with an acquaintance today who worked in two different Philippines Consulates in the U.S., although not in a department that dealt with authentication of documents. He said that you may be able to have the Philippines Embassy Japan expedite the authentication of your documents.

I hope you are not required to get the death certificate or the divorce papers judicially recognized by a Filipino court because that would add extra time and expense to your journey.

[OCCmarine 2]

The lawyer told my fiancee that she could use the death certificate to change her last name back to her maiden name and for when she goes to get her passport renewed. The divorce certificate at this point is only officially known to the US and Japanese government. If she uses the death certificate to get the annotations that her previous marriage is over on her NSO documents would that be enough for CFO? Is it going to state on the actual K-1 visa that her marital status is divorced? Or should I request that USCIS cancel the 129f and send it back to me so I can check the widowed box and just not send the divorce certificate next time? I would rather do that than pay $4000 and wait an extra year or more for a recognition of a document that shouldn't even matter anymore.

[OCCmarine 2]

I just wanted to give an update on our case. My fiancee went to CFO after she was released from the 1st day of her medical. The interviewer only talked to her for about 10 minutes and only asked to see her passport, her CEMAR, and the death certificate. She also asked my fiancee the basic questions about me and where she was going to live in the U.S. When the interviewer saw the divorce certificate she just said that it didn't matter since the ex-husband was deceased. So long story short, my fiancee didn't even really get asked about the previous marriage and CFO took the death certificate without asking about the circumstances or anything. My fiancee walked out with her counseling certificate in record time after showing up at CFO at 11:30 am on a Monday!

[Hank_ 9,174]

Excellent news!!

Now the interview in a couple weeks and it will soon be time to book a flight!

Edited September 30, 2013 by Hank_