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Filipina07

Married in the PH, Divorced in US, am I qualified for Fiance Visa?

By Filipina07 in What Visa Do I Need - Family Based Immigration

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Filipina07 Newbie

Filipina07   1

Posted
Filed: EB-3 Visa Country: Philippines
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Posted

Hi, Im a newbie to this site. I joined here to get some enlightenment regarding the situation Im in.

I was married almost 5 years ago to a Filipino here in the Philippines but we separated (not legally here) 2 years ago. We have a daughter. My ex got divorced in the US and now has a new family there.

3 months ago I met an American in a dating site. Our long distance relationship is going very well and he's going to visit the Phils next month to meet me. He wanted to get a K1 visa for me and K2 for my daughter but I am wondering if I am qualified for that visa since even though my ex and I were divorced in the US Im still married here. So can my boyfriend get that K1 visa for me?

By the way, my daughter and I have a tourist visa. So ever if I am not qualified for the fiancee visa, can I go to the US and get marry? We are looking for ways to get me and my daughter there and live our lives together.

What are other options being in this situation? Please advise.

TBoneTX Grand Master

TBoneTX   45,845

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

*** Thread moved from K-1 Process forum to the "What Visa Do I Need" forum. ***

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Cathi Veteran

Cathi   5,782

Posted
Filed: Citizen (apr) Country: Jordan
 Timeline
Posted

Your marriage has to be annulled in the Philippines as they do not recognize divorce, before you file for a K1. You cannot travel to the US With a visitor visa with the intent to marry and adjust status, it's fraud and could lead to a ban. Your fiancé will have to file a 129f for k1 after your marriage has been annulled. Best of luck.


raven52 Proficient

raven52   233

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Wow, you have a really different situation for sure.

My wife came from Cebu, so I know only a little bit, but knowing from what I read and what is in the Phils, you are not divorced in the Phils., as there is no such thing.

I may be way off on this, and not understand your post, but your ex, divorced you in the US,,.,. but who divorced you in the Phils.? Are you still married in the eyes of the Phils.?

You really have a unique situation, and I hope one of the experts on this site, weighs in on this, as I would love to see the real answer,.,.,.,but I think you are still married in the Phils..., if you were married THERE!

raven52 Proficient

raven52   233

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Follow up, in Phils. no such thing as divorce, and annulment is 1-3 years, (knowledgeble sources) and very expensive and from personal experience, may never happen.,...,., wish I could give you a better post.,.,but I "think" you have a huge problem with this, and please, it would be nice if your new BF, has all of this, and what may lie ahead.

This is just an opinion, but the length of annulment is accurate, and that it may never happen is also true!

Filipina07 Newbie

Filipina07   1

Posted
Filed: EB-3 Visa Country: Philippines
 Timeline
  • Author
Posted (edited)

Wow, you have a really different situation for sure.

ÃÃÂ

My wife came from Cebu, so I know only a little bit, but knowing from what I read and what is in the Phils, you are not divorced in the Phils., as there is no such thing.

ÃÃÂ

I may be way off on this, and not understand your post, but your ex, divorced you in the US,,.,. but who divorced you in the Phils.?ÃÃÂ Are you still married in the eyes of the Phils.?

ÃÃÂ

You really have a unique situation, and I hope one of the experts on this site, weighs in on this, as I would love to see the real answer,.,.,.,but I think you are still married in the Phils..., if you were married THERE!

Yes, my ex divorced me in the US and nobody gets divorce in the Phils as there is no such thing. So my first question was would the US embassy in the Philippines honor the divorce paper I have from my ex husband?

Edited by Filipina07
Filipina07 Newbie

Filipina07   1

Posted
Filed: EB-3 Visa Country: Philippines
 Timeline
  • Author
Posted

Follow up, in Phils. no such thing as divorce, and annulment is 1-3 years, (knowledgeble sources) and very expensive and from personal experience, may never happen.,...,., wish I could give you a better post.,.,but I "think" you have a huge problem with this, and please, it would be nice if your new BF, has all of this, and what may lie ahead.

Â

This is just an opinion, but the length of annulment is accurate, and that it may never happen is also true!

My new BF knows all these so both of us are looking for answers and options there are.

Phred Explorer

Phred   5

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
Posted (edited)

Your divorce situation may make getting the K1 visa difficult. I suggest you just get the tourist visa. Run to the courthouse for a wedding when you arrive in the USA. You will not be required to show proof of your divorce for the wedding. Apply for an adjustment of status in the USA.

Getting proof of the divorce will not be hard from the USA. You may need it for adjustment of status.

Edited by Phred

Until recently I was seeking a K1 for my Burmese fiancé.

2012 09 27 First date
2013 01 01 Started cohabiting, and obtained a joint bank account
2013 07 13 Engagement
2013 10 11 Sent i129F to USCIS
2013 10 18 Received NOA1 from USCIS
2013 11 12 Received RFE notice - Almost decided to change the venue to Thailand. Sat on the RFE for about three weeks before proceeding.2013 12 20 RFE answer package received by USCIS
2013 12 23 NOA2 received from USCIS
2014 01 14 After demonstrating the hate Americans have tward the chidfree, my fiancé has no desire to visit the USA.

Going forward, I will sell off my remaining assets in the USA. I doubt I will ever return. Americans are second only to the French when it comes to rudeness.

Filipina07 Newbie

Filipina07   1

Posted
Filed: EB-3 Visa Country: Philippines
 Timeline
  • Author
Posted

Your divorce situation may make getting the K1 visa difficult. I suggest you just get the tourist visa. Run to the courthouse for a wedding when you arrive in the USA. You will not be required to show proof of your divorce for the wedding. Apply for an adjustment of status in the USA.

Getting proof of the divorce will not be hard from the USA. You may need it for adjustment of status.

I have a tourist visa actually... Could I possibly get in trouble getting adjustment of status knowing Im using a tourist visa and marry there? Can I get deported back to my country? Has anyone got deported taking this route?

Filipina07 Newbie

Filipina07   1

Posted
Filed: EB-3 Visa Country: Philippines
 Timeline
  • Author
Posted

Your marriage has to be annulled in the Philippines as they do not recognize divorce, before you file for a K1. You cannot travel to the US With a visitor visa with the intent to marry and adjust status, it's fraud and could lead to a ban. Your fiancé will have to file a 129f for k1 after your marriage has been annulled. Best of luck.

Thanks!

Phred Explorer

Phred   5

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
Posted (edited)

People get married on tourist visas all the time. Unless something has changed in the last five years, you can do so. Good luck.

We are not planning to live in the USA. We are only seeking a K1 because getting a tourist visa for a Myanmar citizen is not easy. There is no law that says we must stay in the USA after we marry.

Edited by Phred

Until recently I was seeking a K1 for my Burmese fiancé.

2012 09 27 First date
2013 01 01 Started cohabiting, and obtained a joint bank account
2013 07 13 Engagement
2013 10 11 Sent i129F to USCIS
2013 10 18 Received NOA1 from USCIS
2013 11 12 Received RFE notice - Almost decided to change the venue to Thailand. Sat on the RFE for about three weeks before proceeding.2013 12 20 RFE answer package received by USCIS
2013 12 23 NOA2 received from USCIS
2014 01 14 After demonstrating the hate Americans have tward the chidfree, my fiancé has no desire to visit the USA.

Going forward, I will sell off my remaining assets in the USA. I doubt I will ever return. Americans are second only to the French when it comes to rudeness.

Filipina07 Newbie

Filipina07   1

Posted
Filed: EB-3 Visa Country: Philippines
 Timeline
  • Author
Posted

People get married on tourist visas all the time. Unless something has changed in the last five years, you can do so. Good luck.

We are not planning to live in the USA. We are only seeking a K1 because getting a tourist visa for a Myanmar citizen is not easy. There is no law that says we must stay in the USA after we marry.

Thanks!

  • Popular Post
kitthekat Experienced

kitthekat   1,317

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
  • Popular Post
Posted

Your divorce situation may make getting the K1 visa difficult. I suggest you just get the tourist visa. Run to the courthouse for a wedding when you arrive in the USA. You will not be required to show proof of your divorce for the wedding. Apply for an adjustment of status in the USA.

Getting proof of the divorce will not be hard from the USA. You may need it for adjustment of status.

Unfortunately, it is illegal to enter the US on a tourist visa with the intent to marry a US citizen and adjust status.

Flying to Seattle on 6 May 2014!

kitthekat Experienced

kitthekat   1,317

Posted
Filed: K-1 Visa Country: Singapore
 Timeline
Posted

I have a tourist visa actually... Could I possibly get in trouble getting adjustment of status knowing Im using a tourist visa and marry there? Can I get deported back to my country? Has anyone got deported taking this route?

Yes, you could most definitely get in trouble. It's illegal and considered immigration fraud to enter the US on a tourist visa with the intent of marrying a US citizen and adjusting status.

Flying to Seattle on 6 May 2014!

Girl from Celebes Experienced

Girl from Celebes   588

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

I have a tourist visa actually... Could I possibly get in trouble getting adjustment of status knowing Im using a tourist visa and marry there? Can I get deported back to my country? Has anyone got deported taking this route?

Read what mimolicious replied to you.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

 
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