Recognition of foreign divorce decree

[Ryan&Theresa 1]

My fiance filed for I-129F Petition and we are now waiting for NOA2. Since i was married to an american before here in the Phils(we're divorced, he filed for it in the US), i was wondering if i need to have my foreign divorce recognized here and if that is needed anywhere in the K1 visa process. Are my certificate of marriage and foreign(US) divorce decree enough?

[AmerFila 10]

My fiance filed for I-129F Petition and we are now waiting for NOA2. Since i was married to an american before here in the Phils(we're divorced, he filed for it in the US), i was wondering if i need to have my foreign divorce recognized here and if that is needed anywhere in the K1 visa process. Are my certificate of marriage and foreign(US) divorce decree enough?

We are in the same situation. I asked an immigration attorney and i was told that it didn't matter if the Philippine government recognizes it or not if you are trying to come to America. The only thing that matters is that your divorce here is legal and you have your divorce decree. You will want to file to have it recognized in the Philippines to avoid any other legal issues such as adultery. The process to have it recognized can be length 6 months or better.

[Ryan&Theresa 1]

We are in the same situation. I asked an immigration attorney and i was told that it didn't matter if the Philippine government recognizes it or not if you are trying to come to America. The only thing that matters is that your divorce here is legal and you have your divorce decree. You will want to file to have it recognized in the Philippines to avoid any other legal issues such as adultery. The process to have it recognized can be length 6 months or better.

This is good news. We're actually trying to have it recognized, we're still trying to find out if this is a good time, amidst all the K1 Visa flurry. Did you have yours recognized?

[j&ana 380]

I think that should be good enough, but as mention you might want to have it recognize there, later

[j&ana 380]

We are in the same situation. I asked an immigration attorney and i was told that it didn't matter if the Philippine government recognizes it or not if you are trying to come to America. The only thing that matters is that your divorce here is legal and you have your divorce decree. You will want to file to have it recognized in the Philippines to avoid any other legal issues such as adultery. The process to have it recognized can be length 6 months or better.

Actually It does matter. According to the family code of the Philippines, if the Filipina spouse files for the divorce while living in another country, she is still consider marry under Philippines law and will have to get annulment. If a person is consider marry, regardless of what country. they can not get a K-1 visa.

However since the op foreign husband apply for the Divorce. The op is consider divorce in the USA and is also consider divorce under Philippines Laws

[Hank_ 9,174]

My fiance filed for I-129F Petition and we are now waiting for NOA2. Since i was married to an american before here in the Phils(we're divorced, he filed for it in the US), i was wondering if i need to have my foreign divorce recognized here and if that is needed anywhere in the K1 visa process. Are my certificate of marriage and foreign(US) divorce decree enough?

No and Yes. Your divorce decree is adequate for the visa process. BUT for all things related to the Philippines.. in their eyes you are married to your EX. You cannot report your marriage to the Philippines, you can not get your passport renewed in your "new" married name.

[Ryan&Theresa 1]

One quick question - can the CFO hold us up for this? I have read in a few places that the CFO would need to see the divorce recognized in the Phils but I'm not sure if that is true or not.

[Hank_ 9,174]

One quick question - can the CFO hold us up for this? I have read in a few places that the CFO would need to see the divorce recognized in the Phils but I'm not sure if that is true or not.

I would say that is a strong possibility. One document that CFO wants is a CENOMAR, you bring a CEMAR showing your married to another man.... hmm? Maybe they will be fine with your divorce decree, this I don't know as I have not come across this issue before, keep us posted if you would.

[AmerFila 10]

Have your Fiance schedule an infopass appointment at the local USCIS as I did or you can usually find an immigration attorney to give a free consult as I did. From what I was told by both of them, since he filed you should be OK for the visa process only but you will want to file divorce papers there. He can order a certified copy from the courthouse where your ex filed.

Actually It does matter. According to the family code of the Philippines, if the Filipina spouse files for the divorce while living in another country, she is still consider marry under Philippines law and will have to get annulment. If a person is consider marry, regardless of what country. they can not get a K-1 visa.

However since the op foreign husband apply for the Divorce. The op is consider divorce in the USA and is also consider divorce under Philippines Laws

She stated that her ex filed in her statement.

[j&ana 380]

Have your Fiance schedule an infopass appointment at the local USCIS as I did or you can usually find an immigration attorney to give a free consult as I did. From what I was told by both of them, since he filed y8ou should be OK for the visa process only but you will want to file divorce papers there. He can order a certified copy from the courthouse where your ex filed.

She stated that her ex filed in her statement.

yes but you stated in your reply post, that your attorney said it did not matter which is wrong.It does matter.a filipina can get a divorce in the usa and still be consider married in phippines and will not be able to get a k-! Visa. You might want to look for a better attorney

I was replying to your post not hers.That is why i quoted your post

Edited January 15, 2015 by j&ana