Limit on K-1s from previous marriage?

[Al422 221]

So?

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

[Boiler 45,770]

Not an uncommon story.

[Boiler 45,770]

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

I am reasonably familiar with the issues of Jurisdiction.

So starter for 10, Is Marriage and Divorce under the jurisdiction of Federal or State Courts?

[novedsac 355]

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

So utterly wrong on the understanding of divorce.

First of all, divorce is a State issue whilst immigration is a Federal issue. Every State has residency requirements for eligibility to file and receive divorce. Every State requires one spouse to have met those residency requirements to file and be granted a divorce. No State gas a requirement that both spouses meet residency requirements. Divorce courts don't consider immigration status at all in terms of granting the divorce (though they may in terms of child custody and, perhaps, spousal support). Divorces are granted with one spouse in absentia all the time.

One can most certainly get a divorce if married in another country and their spouse fails to return to the US with them, as long as the filing spouse meets the residency requirements of the State filed in.

In fact, one could get divorced most anywhere in the world - I hear the Dominican Republic can grant a divorce over the course of a weekend, though I don't know if both spouses need to be present in DR.

Edited April 12, 2014 by novedsac

[Ebunoluwa 6,136]

Some states want to see proof that during an absentia divorce the other spouse was not 'reachable', with returned mail etc.
Newspaper announcements are also used. It depends on the state.

[christeen 966]

You can divorce in your state where you reside even if you spouse has never been to the USA ... It is the Phillipine citizen which will have the issue.

[Boiler 45,770]

Spoilsports.

[novedsac 355]

Some states want to see proof that during an absentia divorce the other spouse was not 'reachable', with returned mail etc.

Newspaper announcements are also used. It depends on the state.

Yeah, it does add extra expense and time, but much less than if the spouse was present and contesting the entire thing.

[Jon and Krissy 452]

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

Sorry - you're dead wrong. You can indeed divorce someone who has never set foot in the U.S. using U.S. courts. I'm a law school grad, I've studied jurisdiction extensively - which didn't touch on this at all. However, this definitively answers the question:

From http://www.philippineconsulatela.org/FAQS-MAIN.htm

Question: Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

And no, the Filipino spouse does not need to be in the country, not do they have to have been there. This is actually an exceedingly common scenario.

Edited April 13, 2014 by Jon and Sol

[jeremydude 0]

It seems you lack an understanding of courts and jurisdiction. That is OK, but there is more missing here than I can teach you. So you can either take my word for it that you can't use the US courts to divroce somebody who never set foot in the US, or not. If you choose to not believe me, so be it.

To the OP: I stand behind my advice. Go for the waiver. I think you will get it, especially in light of the despicable conduct of your most recent ex. It benefits both of you in that it protects your legal rights better and it gets her here faster. And if it fails, you still have the CR-1 route open to you.

I got my waiver, easy and fast. And I heard of much tougher cases where the guy got his waiver too. You should get yours.

Is there a form for a wavier that I can look up? Or does one just type up a letter requesting one?

[Ebunoluwa 6,136]

Is there a form for a wavier that I can look up? Or does one just type up a letter requesting one?

There is no official form. Just type up a letter. Enter "multiple filings waiver request letter"

in the search bar and see examples pop up of what others wrote in several threads.

[Ebunoluwa 6,136]

http://www.visajourney.com/forums/topic/229991-waiver-letter-for-2nd-k1-visa/

Here is one thread with examples.

You can also include any previous NOA's. Include a short waiver request and then in a separate

letter you can make a relationship timeline explaining how the past relationships failed and how your current one evolved rather

than cramming it all into one letter. That way they see the important waiver request right away and the optional timeline of the relationship(s).

Keep it simple and to the point. Know what flags to address. Don't write a novel.