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Ammurphy612

Potential fiance is already married

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I am an American living in the US. I was introduced to a Filipina from Cebu that was married but unhappy and looking to divorce her Filipino husband. Some half assed research has led me to believe that there's no way I could ever petition for her to come to the US on a K1 visa because Philippines does not allow divorces. Am I correct in my assumption? I read something about paying almost $3000 and waiting 2 years to get a divorce recognized in Philippines. Long story short, what can I do, if anything, to petition for her to come to US and marry me if she's already married in Philippines?

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Filed: Lift. Cond. (apr) Country: China
Timeline

One of the first requirements of the K1 visa is that both parties are free to marry.

http://www.uscis.gov/sites/default/files/files/form/i-129finstr.pdf

She is not eligible if that is not the case. period.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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I would suggest you have also better posted on the Philippines sub regional forum to get correct responses.

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

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Filed: Country: Vietnam (no flag)
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Hi,

There is nothing you can do to bring her to the US as long as she is married. The US will not give her a K-1 fiancee visa to enter the US to marry you and commit bigamy.

Divorce is not an option in the Philippines.

She needs an annulment completed and be single before you can do anything to bring her to the US.

Best of luck.

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Filed: K-1 Visa Country: Philippines
Timeline

I am a filipina ..

and from what i know

you can't marry her on any grounds,

annulment first and that'll take time and lots of money ..

it wasn't easy but then again that's the only way for her to be single again..

goodluck .

K1 FIANCEE VISA

06-28-2014 sent 129f

07-03-2014 NOA1 LETTER

08-06-2014 text message RFE

08-11-2014 RFE LETTER(letter of intent to marry)

08-21-2014 TSC received RFE response (changed status to rfe response review)

09-05-2014 NOA2 ..

09-11-2014 NOA2 LETTER ( approval)

09-12-2014 USCIS updated they shipped our 129f to NVC,

09-22-2014 MNL## from NVC thru phone

09-25-2014 129F ( IN TRANSIT )

09-28-2014 NVC LETTER

09-29-2014 CEAC status to "READY"

10-17-2014 MEDDICAL

11-04-2014 INTERVIEW (approved)

11-14-2014 VISA

12-06-1024 POE JFK

AOS,EAD,AP

-02/28/2015 sent AOS,EAD,AP via USPS

-02/02/2015 Chicago,IL (delivered)

-03/10/2015 Receive text messages for receipt. (aos,ead,ap)

-03/16/2015 Receipt letter received from the mail. notice date was 03/10

-03/25/2015 rfe text

-03/20/2015 Received biometric letter from the mail

-04/02/2015 Biometric

-04/03/2015 rfe received from the mail

-04/10/2015 rfe mailed

-04/13/2015 rfe delivered

-04/05/2015 Rfe response review update on USCIS website said I will receive decision till June 14,2015

-05/19/2015 EAD "card was ordered to produce"

-05/19/2015 AP "case was approved"

-05/26/2015 "approval letter for AP and EAD received in the mail

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I am an American living in the US. I was introduced to a Filipina from Cebu that was married but unhappy and looking to divorce her Filipino husband. Some half assed research has led me to believe that there's no way I could ever petition for her to come to the US on a K1 visa because Philippines does not allow divorces. Am I correct in my assumption? I read something about paying almost $3000 and waiting 2 years to get a divorce recognized in Philippines. Long story short, what can I do, if anything, to petition for her to come to US and marry me if she's already married in Philippines?

She needs to be annulled. Being unhappy with her husband isn't even grounds for annulment. Philippines is strict with that. Not even adultery will be ground for annulment plus the fact that it cost a lot and takes so long.

If she still lives with him, I kinda suggest think well. I am not trying to generalize Filipinos but asses her well,

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Filed: K-3 Visa Country: Bahrain
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The only way to go about it is to get the marriage annulled in the Philippines. While it is costly (even bribes in some cases) it does work. The second problem will be getting her CENOMAR updated with the DFA correctly. The "Certificate of No Marriage" or CENOMAR will be the only way to get married again from the Philippines point of view. They will not sign off on your marriage being legal unless you have that document with a red ribbon from DFA.

On a side note, there are a large number of reasons they can do an annullment in the Philippines. If they see her with you though, be ready to pay. It would be better if she hired a reputable lawyer, then a reputable private investigator to assess your case. You may want to approach another investigator to validate everything as well from your side.

One thing to check is the dates of the marriage and the dates from the BRGY for the birth of the woman. If she was 18 or under, look and see if she had parental consent. If not, it is an easy case to annull. I point you in that direction because this happens quite often, and is usually overlooked.

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Filed: Citizen (pnd) Country: Mexico
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sound advice.

The only way to go about it is to get the marriage annulled in the Philippines. While it is costly (even bribes in some cases) it does work. The second problem will be getting her CENOMAR updated with the DFA correctly. The "Certificate of No Marriage" or CENOMAR will be the only way to get married again from the Philippines point of view. They will not sign off on your marriage being legal unless you have that document with a red ribbon from DFA.

On a side note, there are a large number of reasons they can do an annullment in the Philippines. If they see her with you though, be ready to pay. It would be better if she hired a reputable lawyer, then a reputable private investigator to assess your case. You may want to approach another investigator to validate everything as well from your side.

One thing to check is the dates of the marriage and the dates from the BRGY for the birth of the woman. If she was 18 or under, look and see if she had parental consent. If not, it is an easy case to annull. I point you in that direction because this happens quite often, and is usually overlooked.

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

IR-1/CR-1 Visa
Service Center : Nebraska Service Center
Consulate : Cd. Juarez, Mexico
Met: January, 2006 :D
Marriage (if applicable): 2012-10-26 (L)
I-130 Sent : 2014-08-01
I-130 NOA1 : 2014-08-04

I-130 NOA2 : 2015-05-14

Shipped to DoS: 2015-05-22

Received at NVC: 2015-06-01

Case Created at NVC: 2015-06-10 (from Julian Date calculation)

AOS and IV Fee Invoiced: 2015-06-11
AOS and IV Fee Paid: Website down as of 06-15... Just waiting...
AOS and IV Fee Paid: 2015-07-05 CEAC site finally UP! :dancing:

AOS and Civil Docs received at NVC: 2015-10-13

NVC checklist for obsolete i864: 2015-11-25

Submit updated i864: ?????? when my lawyer desires... :clock:
Submit updated i864: Did NOT wait for lawywer. Did it myself 2015-12-10
NVC received reply to checklist i864: 2015-12-10 (yes.. same day O.O)

NVC case completed: 2016-01-07
NVC assigned interview date: 2016-01-23
Interview at CJS consulate: 2016-03-30

Visa "Issued": 2016-04-05
Entered the US: 2016-04-27

SSN Arrived: 2016-05-07 ... wow TEN days!

N-400

Filed Online: 2020-06-30

NOA: 2020-07-01

Biometrics Letter: 2021-04-08
Biometrics Appointment: 2021-05-03
Interview Scheduled/Cancelled: 2021-06-25 (never received online nor mail notification, just an email reply to tier 2 inquiry about status)

Interview ReScheduled: 2021-11-02

Interview Date: 2021-11-30

Oath ceremony Scheduled/Cancelled/Placed in Line: 2021-12-01
Oath: 2022-1-24 ... JOURNEY OVER! 😺
 

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Filed: Lift. Cond. (apr) Country: China
Timeline

I would suggest you have also better posted on the Philippines sub regional forum to get correct responses.

I put a link to this thread in that forum so there is no need to repost this there now.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Has the OP tried "shopping" in the domestic market.

Plenty of new and nearly new models available without contractual issues.

Thank you, goodnight and may your gods go with you",

Dave Allen.

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