K1 Visa - Philippine cenomar and divorce Decree

[byahera 0]

Hi guys im back.. ok here’s the situation now. Instead of me filing my divorce here in Korea, its my ex who filed our divorce papers in San Francisco. I am waiting for the copy of the finality of our divorce (divorce decree). Once i have it, is that good enough to use for my K1 visa application? Will it trump the CEMAR? 

 

I checked my old NBI clearance here and its clearly showed that my civil status is MARRIED so if i will request for a new one nothing’s change.. my civil status is still married.. will that be a problem/create confusion to the person who will interview me at the USEM in Korea? 

 

I just spoke to one of my friends who is in the states now. She applied for k1 in 2009 using the divorce decree that she got here in Korea without canceling her marriage in the Phils anymore. But she mentioned to me that during her time of application the USEM did not ask for her CENOMAR/CEMAR, and her  civil status in her NBI clearance was SINGLE since she never change her status after she got married from her Korean husband before. 

 

So now i am confuse/nervous if i will go ahead and apply for K1 or wait until i finish getting my divorce decree recognize in the Phil.. and that i can change my civil status also in my NBI clearance. 

 

Please help. 

 

Thanks

[payxibka 10,047]

8 minutes ago, byahera said:

Hi guys im back.. ok here’s the situation now. Instead of me filing my divorce here in Korea, its my ex who filed our divorce papers in San Francisco. I am waiting for the copy of the finality of our divorce (divorce decree). Once i have it, is that good enough to use for my K1 visa application? Will it trump the CEMAR? 

 

I checked my old NBI clearance here and its clearly showed that my civil status is MARRIED so if i will request for a new one nothing’s change.. my civil status is still married.. will that be a problem/create confusion to the person who will interview me at the USEM in Korea? 

 

I just spoke to one of my friends who is in the states now. She applied for k1 in 2009 using the divorce decree that she got here in Korea without canceling her marriage in the Phils anymore. But she mentioned to me that during her time of application the USEM did not ask for her CENOMAR/CEMAR, and her  civil status in her NBI clearance was SINGLE since she never change her status after she got married from her Korean husband before. 

 

So now i am confuse/nervous if i will go ahead and apply for K1 or wait until i finish getting my divorce decree recognize in the Phil.. and that i can change my civil status also in my NBI clearance. 

 

Please help. 

 

Thanks

From the US perspective, the divorce decree will survive.  The US will recognize even if the Philippines doesn't

[byahera 0]

Thanks @payxibka. How about my NBI clearance?.. my status there shows that i am MARRIED and it even shows my ex husbands family name, which i am using btw.

[payxibka 10,047]

5 minutes ago, byahera said:

Thanks @payxibka. How about my NBI clearance?.. my status there shows that i am MARRIED and it even shows my ex husbands family name, which i am using btw.

My mistake.  Seoul will not require a cemar/cenomar.  That would be Manila interview only.  Your nbi will be fine as your divorce decree will demonstrate your current marital status

Edited November 29, 2018 by payxibka

[byahera 0]

@payxibka now that answers why my friend did not submit her CEMAR in 2009. 

Thanks a bunch. 

[payxibka 10,047]

4 minutes ago, byahera said:

@payxibka now that answers why my friend did not submit her CEMAR in 2009. 

Thanks a bunch. 

Have you even petitioned?  Proof of termination of all previous marriages needs to be provided with the i129f

[byahera 0]

Yes. We were applying for the green card and i got the case number already in the NVC when i found out that my husband is having an affair (that’s the reason why he was delaying submitting the supporting docs.) 

NVC sent me a letter if i am interested to continue my application and i responded that i would like to cancel my visa application. After a month they get back to me granting my request. They said they will forward my docs again to the USCIS. 

 

i129f? Will i need to submit a copy of my divorce decree in filing i129f? 

[payxibka 10,047]

2 minutes ago, byahera said:

 

2 minutes ago, byahera said:

Yes. We were applying for the green card and i got the case number already in the NVC when i found out that my husband is having an affair (that’s the reason why he was delaying submitting the supporting docs.) 

NVC sent me a letter if i am interested to continue my application and i responded that i would like to cancel my visa application. After a month they get back to me granting my request. They said they will forward my docs again to the USCIS. 

 

i129f? Will i need to submit a copy of my divorce decree in filing i129f? 

 

Absolutely.  Termination of all previous marriages by both parties are included in the petition

[byahera 0]

Got it. 

How about my previous green card application? Will that be an issue? Thank you again. 

[payxibka 10,047]

3 minutes ago, byahera said:

Got it. 

How about my previous green card application? Will that be an issue? Thank you again. 

How long were you in the USA?

[byahera 0]

I was not able to come to the states. I was halfway on my visa application when i cancelled it.

[payxibka 10,047]

1 minute ago, byahera said:

I was not able to come to the states. I was halfway on my visa application when i cancelled it.

Ok.  Terminology is key.  You were not doing a green card application but an i-130 for a spousal Visa.  Should not be an issue

[byahera 0]

@payxibka thank you for the infos. I really appreciate your help. 

[Hank_ 9,174]

6 hours ago, byahera said:

Hi guys im back.. ok here’s the situation now. Instead of me filing my divorce here in Korea, its my ex who filed our divorce papers in San Francisco. I am waiting for the copy of the finality of our divorce (divorce decree). Once i have it, is that good enough to use for my K1 visa application? Will it trump the CEMAR?   << YES

 

I checked my old NBI clearance here and its clearly showed that my civil status is MARRIED so if i will request for a new one nothing’s change.. my civil status is still married.. will that be a problem/create confusion to the person who will interview me at the USEM in Korea?   Embassy will still want a new NBI, AND YES IT WILL STILL SHOW MARRIED.

 

I just spoke to one of my friends who is in the states now. She applied for k1 in 2009 using the divorce decree that she got here in Korea without canceling her marriage in the Phils anymore. But she mentioned to me that during her time of application the USEM did not ask for her CENOMAR/CEMAR, and her  civil status in her NBI clearance was SINGLE since she never change her status after she got married from her Korean husband before. DON'T KNOW ABOUT KOREA, BUT FOR MANILA A CENOMAR/CEMAR IS A REQUIRED DOCUMENT

 

So now i am confuse/nervous if i will go ahead and apply for K1 or wait until i finish getting my divorce decree recognize in the Phil.. and that i can change my civil status also in my NBI clearance. DON'T NEED THE DIVORCE RECOGNIZED TO FILE THE K-1.  YOU MAY WANT TO COMPLETE THE RECOGNITION ANYWAY JUST TO UPDATE YOUR MARTIAL STATUS IN THE PHILIPPINES.

 

Please help. 

 

Thanks

 

[Hank_ 9,174]

5 hours ago, byahera said:

Yes. We were applying for the green card and i got the case number already in the NVC when i found out that my husband is having an affair (that’s the reason why he was delaying submitting the supporting docs.) 

NVC sent me a letter if i am interested to continue my application and i responded that i would like to cancel my visa application. After a month they get back to me granting my request. They said they will forward my docs again to the USCIS. 

 

i129f? Will i need to submit a copy of my divorce decree in filing i129f?   << YES