Married to a filipina divorced in US now getting back together but still married in Philippines

[duane78 0]

I don't know what to expect I married my ex wife in the Philippines got a divorce In US now we are getting back together but my ex wife never filed the divorce in the Philippines. Would we fall under K1 or CR1 we have a six year old daughter.

[Girl from Celebes 588]

Where is she live now? Did she get a green card before you were both divorce in US?

Edited September 14, 2013 by Girl from Celebes

[Pitaya 2,577]

~Moved from K-1 Process to Which Visa Do I Need Forum~

[Tim/Mav 305]

Where is she live now? Did she get a green card before you were both divorce in US?

Yes, what I was thinking. It does make me think of other questions to help get best responses:

Did she ever enter the US or did you just get married in the Phils and then get Divorced here in the US which only you could have done. No divorce in the Phils.

If you have a Marridge in the Philippines it is reconized here and there as well. But, not divorced legally and the same couple wishes to resolve the past and rejoin.

Definatly not a K-1. Your legally married in the US and in the Phils.

I bet CR1 but did she ever come here before? You maynot need anything.

Did she ever enter the US. Thats the question and then you will get some answers.

[Tim/Mav 305]

Yes, what I was thinking. It does make me think of other questions to help get best responses:

Did she ever enter the US or did you just get married in the Phils and then get Divorced here in the US which only you could have done. No divorce in the Phils.

If you have a Marridge in the Philippines it is reconized here and there as well. But, not divorced legally and the same couple wishes to resolve the past and rejoin.

Definatly not a K-1. Your legally married in the US and in the Phils.

I bet CR1 but did she ever come here before? You maynot need anything.

Did she ever enter the US. Thats the question and then you will get some answers.

Edit: My bad. You are divorced. You are Filing with USCIS and show free to Marry. You divorced her in the past. Therefore, you are single. A CR1 is for Married Couples. Understand your Petition with the US is in the US hands and not the Philippines. Your ex-wife is not hurt by never filing for divorce because she could'nt if she wanted too.

Help me People. Looks like a K-1 and a start.

Edited September 14, 2013 by Tim/Mav

[PreciousMJ 2]

I have a friend who have the same situation. The husband is an American Citizen who married a filipina. They first married in the Philippines and when they got separated, the US citizen filed a divorce in US. The filipina haven't been in the States yet. After few yrs, They got back together so the husband wants to petition the wife but it's complicated. In US, they're divorce but in the Phils, they're married. He can't file either fiance or spousal visa. The attorney suggested to file a nullity of marriage in the Phils and remarry. That's what they did and now they filed a spousal visa.

[duane78 0]

I have a friend who have the same situation. The husband is an American Citizen who married a filipina. They first married in the Philippines and when they got separated, the US citizen filed a divorce in US. The filipina haven't been in the States yet. After few yrs, They got back together so the husband wants to petition the wife but it's complicated. In US, they're divorce but in the Phils, they're married. He can't file either fiance or spousal visa. The attorney suggested to file a nullity of marriage in the Phils and remarry. That's what they did and now they filed a spousal visa.

To everyone she never came here to the US. She never turned in the divorce papers to NSO because she didn't believe in the divorce. The person that was supposed to server her the sumons for divorce never did and lied I found out reciently. she has been trying to get back together since we seperated.

PreciousMJ, this was my concern because I can show the divorce her I would think the US embassy would understand the situtation in the Philippines on the divorce issue. Because even we got divorce her Philippine courts have to approve the divorce is legal. It's a nightmare in a way

[PreciousMJ 2]

Duane78, you can't file for k1 visa because when your wife will have an interview in US Embassy, she needs a CeNoMar (proof of singleness). In her case, It will show that she's already married. However, If you apply for CR1, US will see that you're already divorce. Your situation is complicated. Based on my friend's situation which is same as yours, you can only file a visa if you have your marriage annulled. You can apply this and show your divorce papers to a court in the Phils to have your marriage nulled and void. After that, you can remarry. My friend said that it took them a year to finish that nullity process. For their visa, it's been more than a year now and they haven't received NOA2 yet. You may also want to contact a lawyer for consultation since your issue is complicated. Goodluck!

[Darnell 8,478]

Would you get any speed if'n you two went to singapura for 3 weeks, marry there?

[Simeon 25]

You can't file for the K-1, since you have to show proof of marriageability, which will require documents from the Philippines showing singleness. Since she never filed for a divorce in the Philippines, she will not be able to show proof. Darnell, I'm not sure if Singapore will actually let non-citizens marry there, but if that in fact does work, it might be enough to show that you are married and apply for the CR-1 instead of the K-1. You should really consult an immigration attorney on this one.