Married in the Philippines, Divorced in USA, Can I be petitioned in US?

[rj29 12]

Greetings,

I have posted this earlier but I only just found out that there's a Philippine section in this forum. Hope you could enlighten me on my very complicated situation. I have copied and pasted my story below. Thanks.

I am a Filipino and never been to US. My ex wife was able to travel to Florida, USA via Tourist Visa on 2002. After 9 months she filed a divorce, sent me some documents to fill out, sent her back the notarized documents and divorce was approved.

She later married a US citizen on the same year. They got divorced in 2007. Then she got married again in 2008. She got her US citizenship on the same year. She and her husband, both US citizen, were able to adopt our minor children on 2012 but were not able to bring them in the US.

My problem is that my live in partner (annulled at the same time widow/ legally single) for 13 years might leave next year for US via F1 Preference (Family Sponsored) visa. She is planning to petition me (F2A). CAN WE GET MARRIED IN SINGAPORE? and use that marriage certificate for her petition? Will the USCIS honor our marriage certificate abroad or will they require me to get a Philippine NSO certified marriage certificate since I am a Filipino or perhaps CENOMAR (which is not possible since I am still legally married here) ?

Is my plan possible? Will I not be questioned during my Pre-Departure Orientation Seminar in the Commission Filipino Overseas office why I was able to remarry without being annulled?

Petition to recognize foreign divorce decree in not an option since she was still a Filipino citizen when the divorce was approved. I filed an annulment in 2007 but was denied twice. I have secured from the Phil Embassy in Washington an Authenticated Divorce Record, a certified true copy of our Divorce Final Judgment and copies of her Marriage Records in Florida and Hawaii. I also have a scanned copy of the Final Judgment of our kids adoption.

Any comment and suggestion will be much appreciated.

Thanking you all in advance.

Edited December 15, 2015 by rj29

[Hank_ 9,174]

Greetings,

I have posted this earlier but I only just found out that there's a Philippine section in this forum. Hope you could enlighten me on my very complicated situation. I have copied and pasted my story below. Thanks.

I am a Filipino and never been to US. My ex wife was able to travel to Florida, USA via Tourist Visa on 2002. After 9 months she filed a divorce, sent me some documents to fill out, sent her back the notarized documents and divorce was approved.

She later married a US citizen on the same year. They got divorced in 2007. Then she got married again in 2008. She got her US citizenship on the same year. She and her husband, both US citizen, were able to adopt our minor children on 2012 but were not able to bring them in the US.

My problem is that my live in partner (annulled at the same time widow/ legally single) for 13 years might leave next year for US via F1 Preference (Family Sponsored) visa. She is planning to petition me (F2A). CAN WE GET MARRIED IN SINGAPORE? and use that marriage certificate for her petition? Will the USCIS honor our marriage certificate abroad or will they require me to get a Philippine NSO certified marriage certificate since I am a Filipino or perhaps CENOMAR (which is not possible since I am still legally married here) ?

Is my plan possible? Will I not be questioned during my Pre-Departure Orientation Seminar in the Commission Filipino Overseas office why I was able to remarry without being annulled?

Petition to recognize foreign divorce decree in not an option since she was still a Filipino citizen when the divorce was approved. I filed an annulment in 2007 but was denied twice. I have secured from the Phil Embassy in Washington an Authenticated Divorce Record, a certified true copy of our Divorce Final Judgment and copies of her Marriage Records in Florida and Hawaii. I also have a scanned copy of the Final Judgment of our kids adoption.

Any comment and suggestion will be much appreciated.

Thanking you all in advance.

USCIS will accept your divorce decree from your wife that was done in the USA (and you have that well documented), and yes they will accept the marriage in Singapore. There are no issues with the USA process in that regard.

You are only considered married in the Philippines... and that could potentially causes you issues at CFO... well... more than likely as you can not produce a CENOMAR or annotated CEMAR showing you are annulled.

Being nosy. Why were your previous annulments denied?

[Tahoma 2,292]

The U.S. will accept your divorce and your remarriage.

Do you meet the residency requirements in Singapore to get married there?

I am not aware of anyone on this board who was in your situation and was turned down by the CFO. However, that is a possible obstacle to your immigration. You might want to check it out.

[aaron2020 11,651]

Same question, same answer; http://www.visajourney.com/forums/topic/577449-aging-out/?fromsearch=1

The problem is not US laws. The problem is Philippines laws where you reside and are a citizen of. The PI does not recognize your divorce. Marriage abroad would make you a bigamist. You will not get a US visa when the laws of your country where you live will not recognize your 2nd marriage.

Your solution is a PI annulment, but you rather not take this route since you have already tried. Annulment is your only solution to this problem as long as you are a citizen of the PI and you reside there.

Don't get an annulment, then don't expect a marriage based visa under any circumstances.

Edited December 15, 2015 by aaron2020

[aaron2020 11,651]

The US will not accept his divorce and 2nd marriage when under the laws of his PI citizenship and PI place of resident that he is legally married to his 1st wife.

OP is not free to marry in Singapore if he is not free to marry in his place of resident. Any reason why he can't marry? Yeah, his country and place of resident said he is married and a 2nd marriage would be bigamy.

[Tahoma 2,292]

Rj29...

I completely disagree with aaron2020. Here on VJ, many in your situation have been approved for a visa. I can't remember anyone who was denied. I repeat, you can get a visa. Your only potential stumbling block could be the CFO, and that has nothing to do with the U.S. government.

[aaron2020 11,651]

There have been plenty of people denied visas when they ignore the rules of their place of resident when they remarry.

For example, if your divorce is final and your state of residence imposes a 6 months period before you can remarry, then you are not free to remarry during that time even if you meet the requirements of another jurisdiction.

[aaron2020 11,651]

Rj29...

I completely disagree with aaron2020. Here on VJ, many in your situation have been approved for a visa. I can't remember anyone who was denied. I repeat, you can get a visa. Your only potential stumbling block could be the CFO, and that has nothing to do with the U.S. government.

You repeat that OP can get a visa. How does he get a visa with a CFO that shows he is married to the 1st wife? Doesn't PI law not recognizing his marriage to 2nd wife put a kibosh in getting the visa?

Notice that I said US laws is not the problem. It's PI laws that he needs to conform with. If he does not comply with PI laws, then the US can not issue him a visa.

You also stated that "many" in the OP's position have gotten visas. Please show me a case where the intending immigrant is not considered divorced under local laws and the 2nd marriage is considered bigamy, and the US issued a marriage visa.

Edited December 15, 2015 by aaron2020

[Tahoma 2,292]

There have been plenty of people denied visas when they ignore the rules of their place of resident when they remarry.

For example, if your divorce is final and your state of residence imposes a 6 months period before you can remarry, then you are not free to remarry during that time even if you meet the requirements of another jurisdiction.

Irrelevant. He's been divorced for years.

Please provide a link showing someone who was denied a visa under the OP's circumstances.

[aaron2020 11,651]

Irrelevant. He's been divorced for years.

Please provide a link showing someone who was denied a visa under the OP's circumstances.

Plenty of links with people with CFO showing their prior marriage, US divorce, and no visa.

http://www.visajourney.com/forums/topic/373441-divorced-in-us-but-marriage-not-annuled-in-philippines/

Since you claim it's irrelevant, please provide a link where someone got a visa with a CFO showing marriage to the 1st spouse.

Edited December 15, 2015 by aaron2020

[Tahoma 2,292]

Plenty of links with people with CFO showing their prior marriage, US divorce, and no visa.

http://www.visajourney.com/forums/topic/373441-divorced-in-us-but-marriage-not-annuled-in-philippines/

Since you claim it's irrelevant, please provide a link where someone got a visa with a CFO showing marriage to the 1st spouse.

Your link supports exactly what I have been saying. Who in your link was denied a visa?

Your last sentence makes no sense. What is a "CFO showing marriage to the 1st spouse?"

[aaron2020 11,651]

Your link supports exactly what I have been saying. Who in your link was denied a visa?

Your last sentence makes no sense. What is a "CFO showing marriage to the 1st spouse?"

I may be mixing up my terms.

In order for a PI citizen to get an immigrant visa based on marriage, the person must prove he is married to the petitioner. The PI requires a certificate. The OP's certificate will show he is married to his first wife. The PI will not recognize his divorce and his 2nd marriage. How does he overcome this? How does he show on the PI document that he is legally married to 2nd wife?

Just answer how OP overcomes this without an annulment?

[Tahoma 2,292]

I may be mixing up my terms.

In order for a PI citizen to get an immigrant visa based on marriage, the person must prove he is married to the petitioner. The PI requires a certificate. The OP's certificate will show he is married to his first wife. The PI will not recognize his divorce and his 2nd marriage. How does he overcome this? How does he show on the PI document that he is legally married to 2nd wife?

Just answer how OP overcomes this without an annulment?

Now you are mixing up the question. Getting a marriage-based visa is not about what the Philippines requires, it's about what the U.S. Embassy Manila requires. Under U.S. law, they are both free to marry. The OP will submit his divorce decree to the Embassy, so it won't matter that his CEMAR shows that he is still married in the Philippines. The Embassy will accept the divorce decree and approve the visa.

If everything depends on the Philippines, how do you suppose same-sex couples get K-1 visas?

[_Paul&Jesica_ 70]

I think the issue will be that CFO won't give the stamp required to exit the country on an immigrant visa (including the non-immigrant K-1) since OP is still considered married by Philippines law. No CFO stamp, no boarding your flight, unless you want to try to pay your way through....

[Hank_ 9,174]

There have been plenty of people denied visas when they ignore the rules of their place of resident when they remarry.

For example, if your divorce is final and your state of residence imposes a 6 months period before you can remarry, then you are not free to remarry during that time even if you meet the requirements of another jurisdiction.

I know more than one that have gotten married in the USA while still showing as married in the Phils. The embassy will honor other countries divorces as well as marriages.

As for your "example" of the imposed 6 month wait... the divorce is not final until AFTER that 6 month wait... for sure no correlation to the Philippines not accepting divorces.

Edited December 15, 2015 by Hank_