Marital Status Divorced on 129f Petition, Status Widowed on Philippine Documents

[OCCmarine 2]

Hello All,

I think we might be in a major dilemma here. When I filled out the 129f petition, I put my fiancee's status as divorced not knowing about all of the trouble it is to get it recognized in the Philippines. My fiancee, on the advise of her lawyer, used her former husband's death certificate for getting a new passport and copies of her NBI clearance and the other paper work needed for the visa. She was divorced from her husband before his death, but it is much easier and cheaper to be widowed than divorced in the Philippines. So, her documents from the Philippines now say that she is widowed. My question is will the petition saying that her marital status is divorced and her Philippine documents saying that she is widowed cause the embassy to deny her during the interview? I included both the divorce and death certificate when I sent the petition, but I think that USCIS would approve the petition because the US recognizes divorce. My concern is that the embassy will think she is trying to commit fraud or something with the petition saying divorced and the other documents saying widowed. Is there anything I could do in this situation to try an straighten it out without having to cancel the petition and refile? I would have just sent the death certificate and put widowed on the petition had I know how hard it is to do anything in the Philippines about divorce without paying thousands of dollars and waiting a year or more. Will the US even care since it is a Philippine hang up on the divorce issue? Any advice would be appreciated.

[Hank_ 9,174]

(Advice) Rule #1 : Don't lie to USCIS, NVC or USEM.

Only time will tell if USEM has issue with anything there in the Phils.

[OCCmarine 2]

We weren't trying to lie about anything. By the time my fiancee told me what she did getting her new passport and other documents the petition was already sent. Ok, I was really stupid and should have obviously read a lot more about how corrupt and idiotic the Philippines are. Bottom line, I don't have enough money to pay/bribe the people to get the divorce recognized. So, probably the safest course would be to withdraw the petition and tell my fiancee we will try again in a few years or maybe just give up all together. If we chance it with the embassy, they could decide we are trying to commit immigration fraud and charge us both with a crime and deny her entry into the US forever.

[Hank_ 9,174]

From what I read from your other others you did everything correctly with the I-129F petition. No issues there.

What is uncertain is how the embassy will look at the NBI/CENOMAR/passport of your fiancée, they may have zero issue as they are in her name, they are official documents from the Philippine government (not "created"), widow versus divorced is the curiosity. The embassy will have zero issue your fiancée divorce decree, whether they focus on widow vs divorced ... good question.

[julitathomas0810 30]

Hello All,

I think we might be in a major dilemma here. When I filled out the 129f petition, I put my fiancee's status as divorced not knowing about all of the trouble it is to get it recognized in the Philippines. My fiancee, on the advise of her lawyer, used her former husband's death certificate for getting a new passport and copies of her NBI clearance and the other paper work needed for the visa. She was divorced from her husband before his death, but it is much easier and cheaper to be widowed than divorced in the Philippines. So, her documents from the Philippines now say that she is widowed. My question is will the petition saying that her marital status is divorced and her Philippine documents saying that she is widowed cause the embassy to deny her during the interview? I included both the divorce and death certificate when I sent the petition, but I think that USCIS would approve the petition because the US recognizes divorce. My concern is that the embassy will think she is trying to commit fraud or something with the petition saying divorced and the other documents saying widowed. Is there anything I could do in this situation to try an straighten it out without having to cancel the petition and refile? I would have just sent the death certificate and put widowed on the petition had I know how hard it is to do anything in the Philippines about divorce without paying thousands of dollars and waiting a year or more. Will the US even care since it is a Philippine hang up on the divorce issue? Any advice would be appreciated.

Do you mean she got an anullment in the Philippines ? Looking at the I129F papers there is only Divorce selection . I would think you would be OK since there was an anullment before the death . However if the I129F is not approved maybe you can call to see if the papers can be updated to Widowed ? Divorce is not recognized in the Philippines . Anullment or Widowed both allow you to be free to marry . Leaving anything out would have been much worse . I don't think you would have any problems and to give up or wait longer then you already have is just foolish at this point .

Stay Strong !

God Bless

[Hank_ 9,174]

Now that may be a good point regarding the Philippines being that divorce is not recognized there, that the death certificate would be acceptable (rather than the long process to get a divorce from another country recognized).

[OCCmarine 2]

Thanks for the encouragement guys. I was feeling down about the whole process, but it does makes sense that the embassy would be aware of the whole Philippines issue on divorce. We'll keep pushing forward and I'll report on how it goes. In the mean time, just more waiting. September can't come soon enough.

[Smilemcdo 0]

Hello..just wanna share my part...i am divorced here in philippines by means of "shariah law" islam law...it is recognized here in philippines...

[Greenbaum 12,259]

Do you mean she got an anullment in the Philippines ? Looking at the I129F papers there is only Divorce selection . I would think you would be OK since there was an anullment before the death . However if the I129F is not approved maybe you can call to see if the papers can be updated to Widowed ? Divorce is not recognized in the Philippines . Anullment or Widowed both allow you to be free to marry . Leaving anything out would have been much worse . I don't think you would have any problems and to give up or wait longer then you already have is just foolish at this point .

Stay Strong !

God Bless

"Divorce" IS recognized in the Philippines. Here are the two situations that would allow a divorce to be recognized for a Filipino. First, Sariah Muslim Law divorce is recognized by the Philippine Government. Second, if he/she is served with divorce papers (USA) and the divorce is final, the Filipino must register with NSO her/his new status to be valid. BUT, he/she must not be the one to initiate the US divorce, their US citizen partner must initiate the divorce otherwise it will not be recognized by the Philippine Government.