nvc approval, scheduled interview but I don't see specific topic about our case

[smyle4me 1]

I just wanted to clarify this topic since I am getting conflicting information.

My husband was married in the Philippines, with pending annulment case. Was divorced in 2003 by his previous wife who immigrated in the US and was married since then. I am a Us citizen, we got married in Hong Kong and petitioned him as CR-1.

USCIS and NVC approved the petition and he is scheduled for an interview this month.

CENOMAR states that he is married to one person and does not show as single.

Is he going to get his visa to come here in the US even if his annulment is not final?

If that is a problem why did NVC and USCIS approved his application?

Thank you.

[Natepartlan 11]

I don't know the CR-1 process. Have you at any time up till now had to submit his CENOMAR to the us government? If not, how would you expect them to know about a philippines marriage?

Beyond that, I would expect the lack of annulled marriage to cause problems at the interview and CFO when you collect your documents for those processes.

Why has the annulment not gone through yet? I would have been chasing that once or twice in the past 12 years.

[smyle4me 1]

CR -1 process is a conditional immigrant when you petitioned your spouse and you're married for less than 2 years. It is different from K-1 because he will be coming here in the US without waiting for filing another petition after marriage. US embassy does not ask for CENOMAR since we have the divorce paper. I guess it will be OK though since I found this topic on the thread. The annulment process in the Philippines is very lengthy and expensive - he filed since 2011 and the judge keeps postponing it.

We had no issues getting the K1 or any other stage of the process. The Hong Kong divorce is recognized by the U.S. government. (And as far as I know, by every government except Philippines and Vatican city.)
If the marriage has been separated for a while (I don't remember the duration) getting a no contest divorce in HKG is cheap and efficient. No need for an attorney.
You'll need original copies of the Hong Kong divorce for the visa process, adjustment of status and naturalization. Best to request a few extra originals.

[j&ana 363]

The Embassy in Manila will ask to see the cenomar for Cr-1 visa too of course it is a Cemar or Advisory to marriage that your spouse will get

If it shows him just married to you yhen you should be ok

if it shows him still married to another person you might have problems

i just notice you were married to him in hong kong so the cenomar will not his marriage to you but the embassy will ask for it

Edited September 26, 2015 by j&ana

[Tahoma 2,292]

The U.S. Embassy will approve your husband's visa. However, if your husband plans to travel from the Philippines to the U.S., he will be required to have a CFO sticker in his passport. Since his marriage is not yet annulled, I don't know how he will be able to get a CFO sticker.

If he is interviewing in Hong Kong and traveling from there to the U.S., I don't think he'll have a problem.

[smyle4me 1]

He is interviewing in the Philippines. I was looking at the current CFO requirement, CENOMAR/ CENMAR is only required for K1 and hoping I am right. Since he is leaving on CR 1 i'm hoping this won't be a problem at this time. I will check again the new requirement. Thank you for taking the time to answer my question.

[Greenbaum 12,259]

melca1019, on 26 Sept 2015 - 7:28 PM, said:melca1019, on 26 Sept 2015 - 7:28 PM, said:

He is interviewing in the Philippines. I was looking at the current CFO requirement, CENOMAR/ CENMAR is only required for K1 and hoping I am right. Since he is leaving on CR 1 i'm hoping this won't be a problem at this time. I will check again the new requirement. Thank you for taking the time to answer my question.

You won't find it in any requirement. It's one of the "gotchas" that you will learn only from reading the threads here. In fact that topic has been chatted about regularly for the past month or so.

But, to answer you questions, yes it is advisable to bring an original CEMAR/CENOMAR to his interview. They have been asking everyone we know who has processed CR-1/IR-1 lately. Follow J&ana's posting above as they just went through this and they too have heard of others who have received an RFE for not having one.

Edited September 27, 2015 by Greenbaum

[j&ana 363]

He is interviewing in the Philippines. I was looking at the current CFO requirement, CENOMAR/ CENMAR is only required for K1 and hoping I am right. Since he is leaving on CR 1 i'm hoping this won't be a problem at this time. I will check again the new requirement. Thank you for taking the time to answer my question.

The embassy will ask for the cenomar or Cemar (advvisory to marriage. They ask my wife for it when she did her interview.Others on here doing a IR-1/cr-1 had been ask for it also

[smyle4me 1]

The embassy will ask for the cenomar or Cemar (advvisory to marriage. They ask my wife for it when she did her interview.Others on here doing a IR-1/cr-1 had been ask for it also

Yes he already has the CENOMAR or CENMAR, we received an e-mail from the USEM requesting that including other documents.

I'm just hoping CFO will not be a problem and will give him the sticker.

Edited September 27, 2015 by melca1019

[smyle4me 1]

You won't find it in any requirement. It's one of the "gotchas" that you will learn only from reading the threads here. In fact that topic has been chatted about regularly for the past month or so.

But, to answer you questions, yes it is advisable to bring an original CEMAR/CENOMAR to his interview. They have been asking everyone we know who has processed CR-1/IR-1 lately. Follow J&ana's posting above as they just went through this and they too have heard of others who have received an RFE for not having one.

Where do I find the thread for that?

I check the requirement for CFO and yes it does say to bring copy of annulment, divorce papers, etc.

[j&ana 363]

Yes he already has the CENOMAR or CENMAR, we received an e-mail from the USEM requesting that including other documents.

I'm just hoping CFO will not be a problem and will give him the sticker.

He just needs the sticker? Has he already done the seminar? If so I think all he will need to show the paper stating he completed the cfo seminar to get the sticker

That is what my wife did she attended the Cfo seminar before the interview and got the sticker for her passport after the interview

Edited September 27, 2015 by j&ana

[smyle4me 1]

He just needs the sticker? Has he already done the seminar? If so I think all he will need to show the paper stating he completed the cfo seminar to get the sticker

That is what my wife did she attended the Cfo seminar before the interview and got the sticker for her passport after the interview

No, not yet. He's still waiting for his visa then he will attend the CFO seminar. My concern is the thread that i've been reading says that they won't give him the sticker since his annulment is not finalized yet in the Philippines. He does have a divorce paper filed by his ex-wife here in the US.

[j&ana 363]

His ex wife divorce him in the U.S

Was she a citizen of U.S at the time .The reason i am asking is according to the family code of the Philippines if a foreign spouse divorce a Filipino in another country then the Philippines will reconize the divorce. The same rule applies if a filippino becomes a citizen of anothet country and divorce his/ her spouse

I think it will be ok for the cfo if he has the divorce papers

[Shauneg 762]

No, not yet. He's still waiting for his visa then he will attend the CFO seminar. My concern is the thread that i've been reading says that they won't give him the sticker since his annulment is not finalized yet in the Philippines. He does have a divorce paper filed by his ex-wife here in the US.

I've given a few comments on the CFO thing greenbaum mentioned. On their site it says that can in effect ask for anything they deem necessary.....leaving the door open to ask for anything they please. Things they asked from me the U.S. citizen that my fiancee had to present that isn't on their page.......my passport bio page, birth cert, divorce decree, child custody papers, and second identification. Why do they need all that when she already has the visa in her passport who knows? I anticipate a second Shauneg somewhere in the world to pop up though next time I try to get a loan or finance something.....

[smyle4me 1]

I've given a few comments on the CFO thing greenbaum mentioned. On their site it says that can in effect ask for anything they deem necessary.....leaving the door open to ask for anything they please. Things they asked from me the U.S. citizen that my fiancee had to present that isn't on their page.......my passport bio page, birth cert, divorce decree, child custody papers, and second identification. Why do they need all that when she already has the visa in her passport who knows? I anticipate a second Shauneg somewhere in the world to pop up though next time I try to get a loan or finance something.....

Who knows why they need those paperwork but you are so right it can really open you to a lot of problem especially identity theft.