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

[sidney 0]

Your only option is to marry in US unfortunately.

[Phred 5]

This is news to me. I grew up in Arizona. It seems like everyone I knew got married on tourist, or work visas.

The USA is among the most "toothless" countries when it comes to law enforcement (just an observation). I have no experience with it selecting to favor one foreign group over another. (Usually they favor foreigners over US citizens). How is it possible that laws are mere suggestions to Mexicans, but not Filipinos?

I guess she should ask her boyfriend to obtain a certified copy of the divorce in the USA. Maybe she should go get it herself during a social visit, fill out the i129 with him, then return home and wait for the K1 application???

[Mr.&Mrs.EMB 55]

You HAVE to get an ANNULMENT first before your american fiance can apply a k-1 visa for you. Yes, you can go to the US on a tourist visa BUT you can't GET married there and think you can just stay and adjust status there. you will be asked to go back to the Philippines to complete the process. If you decide to stay in the states after you get married there, you can get in trouble especially IF you haven't had an annulment in the Philippines first. Wherever you get married whether in US or Philippines, your existing marriage will ALWAYS be VALID and EXISTING. Some people travel to the US and get married and stay BUT this is a big risk. Many years ago, this could be possible to get away with. What I can tell you is that some people choose to take a risk but my wife and I chose to do the legal thing as we don't want to get in trouble later that can lead to deportation or ban. Remember that US takes FRAUD cases seriously. They will know that your intent to get here is to get married as during the interview you will be asked questions and TRUST me when I say they will do EVERYTHING to catch you in a lie. You're not the only one who have thought of going to the states and get married while on tourist visa..many have tried and failed.

Source:

Me-works for US government

My wife-lawyer in the Philippines

[EndlessStory 53]

I went to US on a tourist visa and live there with my fiancé for 6 months and feel that it's really hard for me to leave. I do not want to take my chances so I left and we file K1 visa. I have no intent of marriage when I enter on B2 but we did decided we want to get married later on when I live there for 6 months. Still, I do not like to screw up my passport for good. Taking the safe route it is! That's just me.

[Justine+David 218]

It looks like you're between a rock and a hard place. It's absolutely INSANE that the Phillipines doesn't allow for divorce (and the anullment process seems to be purely meant to shame both parties for puritanical reasons).

I'd definitely go to the USA and get married if you have a tourist visa (which I'm actually surprised about since it's difficult for folks to get them in that area). This is not illegal in any way, form or fashion. Do not listen to anyone who tells you otherwise. I've been on this forum for over 4 years and read a lot of about immigration law play out here on VJ and those who are here for only a few months generally haven't grasped the finer points of immigration.

Whether or not you adjust status while there, well, I can't give you advice on that. I will say that it's done all the time and you have a unique set of circumstances versus the, "I just can't be apart!!!" ####### that people usually give to circumvent the laws.

You also have the option to appeal immigration denials while on a B2 (unlike those who enter on the Visa Waiver Program) in the highly unlikely event that you would be denied.

Edited January 5, 2014 by Justine+David

[canadian_wife 1,826]

This is news to me. I grew up in Arizona.

Regardless, entrance on a tourist visa with intent to immigrate is visa fraud. It is against the TOS of this site to advise this.

OP - you'll need to be careful on how to proceed. DO NOT come with intent to adjust status. That can lead to a lifetime ban from the US.

good luck

[kitthekat 1,317]

It looks like you're between a rock and a hard place. It's absolutely INSANE that the Phillipines doesn't allow for divorce (and the anullment process seems to be purely meant to shame both parties for puritanical reasons).

I'd definitely go to the USA and get married if you have a tourist visa (which I'm actually surprised about since it's difficult for folks to get them in that area). This is not illegal in any way, form or fashion. Do not listen to anyone who tells you otherwise. I've been on this forum for over 4 years and read a lot of about immigration law play out here on VJ and those who are here for only a few months generally haven't grasped the finer points of immigration.

Whether or not you adjust status while there, well, I can't give you advice on that. I will say that it's done all the time and you have a unique set of circumstances versus the, "I just can't be apart!!!" ####### that people usually give to circumvent the laws.

You also have the option to appeal immigration denials while on a B2 (unlike those who enter on the Visa Waiver Program) in the highly unlikely event that you would be denied.

It is not illegal to marry on a tourist visa, but it is illegal to enter the US with a tourist visa, with the intention of marrying and adjusting status. The Department of State is quite clear on that point: http://travel.state.gov/visa/temp/types/types_1262.html#notravel (click on 'travel purposes not permitted on visitor visas).

If she gets married in the US on a tourist visa, she would still have to return to Philippines, where the marriage would not be recognised, making it even harder for her to obtain any kind of visa because she wouldn't be able to apply for K1 (only for fiances) or CR1 (marriage not recognised, as she hasn't annulled her previous marriage).

[SennaBrigante 92]

The argument is that the tourist visa is meant for tourists, not immigrants so it can't be your stepping stone to immigrating. There are no issues about getting married with a tourist visa (I did it myself after I got knocked up) but USCIS will look at whether you intended to enter the US on a B1/B2, get married THEN do the AOS.

Did you report your previous marriage to the PH embassy? If you didn't, you might have a bit of leeway since technically, there is no record of the marriage in the Philippines. If you did however, you'll have to file for a dissolution of that marriage which could cost over PHP100k and years of waiting. Even if you got married in the US, you'll still need to process the annulment if you want your new marriage to be recognized in the PH.

Visa fraud is a very real risk. I remember reading a thread here before about a Filipina who had an ex in the US and she entered the US with a tourist visa, hooked up with her ex, they ended up getting hitched, she did the AOS and two years later she got a letter from ICE saying that there are deportation proceedings against her (or whatever the process is) because of visa fraud. She had to leave within 30 days and she's banned from re-entering the US. That was just 2-3 years ago. It might not happen often but it does happen. Personally, I didn't want to risk a lifetime ban since I want our baby to grow up without having to worry about mom and dad living in separate continents so I went home and we did the CR1.

[Kathryn41 3,205]

As the OP has received the information she requested and there are responses here advocating immigration fraud - which is a violation of the terms of service for Visa Journey, I am closing this thread to further discussion.

Moderator hat off: please take the advice of our experienced members to heart. Visa Fraud is a very real and very serious violation of US immigration law and can lead to a permanent ban from ever being allowed to live in the US. Hopefully, since your ex-partner initiated the divorce and it was granted in the US, Philippine officials will be supportive of the annulment process for you so you and your new fiance can proceed with the K-1 process in a relatively reasonable period of time. Your relationship is important enough to do everything legally even though it will take some time and money.

To answer your other question that has not yet been answered: US immigration officials will not grant you a visa based upon a US divorce unless your country accepts it as a legal document. For marriage or fiancee based immigration, the United States observes the legal requirements that are in effect in the immigrant's country as well when considering any immigration visa request, so you need to be eligible to marry according to the laws of your country as well as the laws of the US at the time of the petition/application.

If you wish to start a new thread on the annulment process that is acceptable. This thread, however, is closed now due to the above mentioned TOS violations.