Married to a US Citizen but went back home cos marriage is not working out

[Caryh 5,206]

In her situation, maybe having never done the ROM would be beneficial -- thus avoiding the bureaucratic annulment nightmare. However, I'm wondering if CFO would be an issue -- considering they already have her and the first petitioner on file.

Would it be necessary to get another CFO cert/sticker, especially if the current passport were to expire before another U.S. visa were to be issued?

Per reports of others that have been in the same situation, the CFO does not appear to care if the divorce was recognised in the Philippines. They will ask to see the divorce decree though. I can't see her needing to return to the CFO if her passport still contains the stamp and the country of destination hasn't changed. The ones that have reported this here, were married in another country, Japan in one case, and then went to the CFO again for a K-1 to the USA. Maybe they had a renewed passport also, I didn't ask.

Its definitely a benefit they never registered the marriage. But if you need a foreign divorce recognised in the Philippines, its not a legal annulment process there. Its a separate process, less time consuming and less expensive generally. But you need to be careful what lawyer you use in the Philippines. Some appear to just accept payments, do nothing, then ask for more money.

[dvc 11]

CFO is issued only for the nationality of the partner, not the country of destination/residence (regardless of what it actually says on the certificate/sticker).

My wife's GCC certificate was issued "for US" regardless of the fact that we live in Japan (she has only ever visited the US on a B2).

Edited May 29, 2014 by dvc

[Rolando Bautista 1]

Yeah, if it is uncontested ur right it's easy. But with the scenario that he want u back will make it difficult for u and much more costly. I filed my divorce in the state b4 I move back here in Phil. My ex wanted me back, I ended up flying back 5x to CALI b4 it was final.

Getting another visa to to US will b very difficult. USCIS are very strict & suspicious, but good luck. DS160 cost $165 bucks now. If denied bye bye 160.

My opinion is u should go back if u can with ur existing visa, file there & marry again then have the new spouse file te paperwork to have it adjusted. Much easier the doing things in the Phil.

Gud luck.