K-1 denied for marriage in Philippines

[jtc358 1]

I am a US citizen recently divorced. I want to apply for a K-1 for my fiance. She tells me she will get denied because my previous marriage was in the philippines. Can anyone tell me of a similar case where this has or has not happened? And possibly what other options may we have short of getting an annulment.

I have asked a lawyer and they assured me that it would not affect the K-1 but I would like to cover all bases.

We have a similar case, we got our NOA2 last month. Good luck.

[makebalayesarr 9]

For immigration purpose....if your previous marriage were held in the Philippines then you should have an annulment or divorce decree over there. If you were married here in the US then you are OK to file another petition without prejudice.

[cc_cookie 2]

I am a US citizen recently divorced. I want to apply for a K-1 for my fiance. She tells me she will get denied because my previous marriage was in the philippines. Can anyone tell me of a similar case where this has or has not happened? And possibly what other options may we have short of getting an annulment.

I have asked a lawyer and they assured me that it would not affect the K-1 but I would like to cover all bases.

no worries, you will be fine as long as you have the divorce papers. my husband was married also here in the Philippines with his ex wife.

they got divorce in the US..but i was approved!

so everything will be awright!..just ready all the papers.

[doug/sherry 26]

I am a US citizen recently divorced. I want to apply for a K-1 for my fiance. She tells me she will get denied because my previous marriage was in the philippines. Can anyone tell me of a similar case where this has or has not happened? And possibly what other options may we have short of getting an annulment.

I have asked a lawyer and they assured me that it would not affect the K-1 but I would like to cover all bases.

What happens in the USA has nothing to do with what happened in the Phils. But, if you were to

attempt to get married in the Phils again, you would have to get a cenomar.......just like your fiance...

There are no red flags... if you meet all the guidelines outlined in the forms you have to fill out.

Good Luck...

[SoCalMark 49]

If you were the one (US citizen) that filed for the divorce, it would be recognized in the Philippines. However, if the non-citizen (filipina) was the one that filed the divorce, it will not be recognized and you would need to be annulled in the Philippines.

Sorry but this statement not true. I have a friend who married in the PI - divorced in the U.S. and all he had to do was show the divorce decree from United States when he filed with a new I-129F three years later.

[clairegie 265]

Sorry but this statement not true. I have a friend who married in the PI - divorced in the U.S. and all he had to do was show the divorce decree from United States when he filed with a new I-129F three years later.

Is your friend an american citizen? If he is, then my statement is True.

[winnhump 0]

Philippine law doesn't acknowledge divorce. We only have annulment. But it will help your annulment process faster since u are already divorced in Philippines. I am not sure if US government will allow you to petition another Filipina because of that. You mighty want to consult with a lawyer

[Jon and Krissy 452]

Philippine law doesn't acknowledge divorce. We only have annulment. But it will help your annulment process faster since u are already divorced in Philippines. I am not sure if US government will allow you to petition another Filipina because of that. You mighty want to consult with a lawyer

Please don't give incorrect, ill-informed advice. The posts prior to yours already cover how the U.S. views the situation, which is what matters in this case.

[brenkim 0]

Possible IMBRA flag?

#1 If you filed for your ex and it has been less that 10yrs you will be denied. i the marriage was in the Philippines then you have a bigger issue as they only grant divorces for 4 reasons and you get an annulment not a divorce good luck

[Jon and Krissy 452]

#1 If you filed for your ex and it has been less that 10yrs you will be denied. i the marriage was in the Philippines then you have a bigger issue as they only grant divorces for 4 reasons and you get an annulment not a divorce good luck

You are wrong. It has already been stated correctly by others upthread. Stop posting INCORRECT FALSE information when you have no idea what you are talking about.

[SoCalMark 49]

Please don't give incorrect, ill-informed advice. The posts prior to yours already cover how the U.S. views the situation, which is what matters in this case.

Great point ... I hate to see people guessing based on no solid basis or fact. It really destroys other people's chances.

[Jon and Krissy 452]

Great point ... I hate to see people guessing based on no solid basis or fact. It really destroys other people's chances.

Indeed.

This site was a font of great information when we were doing our CR-1 visa, thanks in no small part to the legendary Lotto (Patience), but there are, or were, tons of other great posters too.

Look folks, it's nice to try to help, but if you are just talking rubbish and don't know the facts, PLEASE refrain from spreading misinformation. This site is to assist people, not to give them incorrect information.

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

Can a mod step in and clarify?

[winnhump 0]

Please don't give incorrect, ill-informed advice. The posts prior to yours already cover how the U.S. views the situation, which is what matters in this case.

[Caryh 5,206]

A divorce filed by a USC to a Philippine Citizen in the USA is automatically recognized in the Philippines for the USC. For the Philippine Citizen, they must go through the courts to get that divorce recognized by the NSO before they can marry again in the Philippines. If the divorce was filed by a Philippine Citizen, for the USC the divorce is automatically recognized, but the Philippine citizen must get an annulment if they wish to remarry in the Philippines. There was some talk in the Philippine congress a while back about requiring the foreign citizens to also go through getting the divorce recognized by the courts before they could remarry in the Philippines, but it went nowhere. They argued it wasn't fair that Filipinos needed to jump through such hoops while foreign citizens did not.

In this case both were USC's at the time of the divorce, and the divorce is recognized in the Philippines without the need for judicial review or annulment for either of them.