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

[rj29 12]

Thanks for the great feedback guys.

Hank, my annulment case was denied because we're not able to prove my ex wife's psychological incapacity. That's the only ground suitable for my case and most cases in the Philippine annulment. Infidelity, bigamy, etc is not listed as grounds. Would you believe that? Only in the Philippines!

aaron2020, I will take note of your point of view.

Tahoma, we're planning to stay in Singapore for two months as tourists. I believe you only have a month to stay as tourist, we'll apply for extension or go to Malaysia for exit and reentry. SG's registry of marriage residency requires 15 days of continuous stay before you can apply for a marriage license.

_Paul&Jessica_, My first concern is if I can be petitioned and it was answered that I can be. If ever everything runs smooth and I may be given a visa my next problem is CFO. And you are right that I may not be given a CFO if they will ask me to produce a CENOMAR over my Singapore's marriage certificate. Legally I am married here.

Is there a work around in getting a CFO certificate and sticker? You know, Philippine style? I have read some advise that you can go to Hong Kong or Singapore and you can take the flight to US on those locations? US Immigration does not care about your CFO sticker right? Just a thought of a desperate guy on a very complicated situation.

[Darnell 8,478]

i see 2 problems:

1. CFO report and

2. 'partner'? F2A? Not allowed. Sure, you've a plan to get married in Singapore, but it looks like its done for immigration purposes only. Are you sure the F2 category has the same wait time, single vs married? In most of these things, the wait time is longer for a married relative than a single relative.

[rj29 12]

i see 2 problems:

1. CFO report and

2. 'partner'? F2A? Not allowed. Sure, you've a plan to get married in Singapore, but it looks like its done for immigration purposes only. Are you sure the F2 category has the same wait time, single vs married? In most of these things, the wait time is longer for a married relative than a single relative.

Hi Darnell. My partner for 13 years might leave next year on F1 preference visa-petitioned by her parents. The plan is upon getting her green card we'll marry in Singapore since I will not be allowed to marry here in the Philippines. She'll petition me under F2A (spouse of LPR). As per newest visa bulletin, 1 year 4 months waiting time.

If I may be granted visa by the USCIS, my problem is with the CFO if they will allow me to leave the Philippines.

Edited December 16, 2015 by rj29

[Tahoma 2,292]

Rj29... You may be interested in reading this: http://www.visajourney.com/forums/topic/419887-worried-about-cfo/

[rj29 12]

Rj29... You may be interested in reading this: http://www.visajourney.com/forums/topic/419887-worried-about-cfo/

Thanks Tahoma.

[rj29 12]

Thanks Tahoma.

I have read the issue and was happy for her that she was issued a CFO clearance. My question now is, could this just be a random in a good mood CFO personnel? or they have standard operating procedure set to honor the divorce decree obtained abroad even of both Filipino citizen?

[Tahoma 2,292]

I have read the issue and was happy for her that she was issued a CFO clearance. My question now is, could this just be a random in a good mood CFO personnel? or they have standard operating procedure set to honor the divorce decree obtained abroad even of both Filipino citizen?

I'm pretty sure there's no such thing as a CFO employee who is in a good mood...lol.

I seem to remember other cases like yours which were successful, but it takes a while to search for them.

[rj29 12]

I'm pretty sure there's no such thing as a CFO employee who is in a good mood...lol.

I seem to remember other cases like yours which were successful, but it takes a while to search for them.

Do hope they have the SOP set in accepting same cases like her's and mine. I will research for more. Thanks for sharing the link.

[rj29 12]

Rj29... You may be interested in reading this: http://www.visajourney.com/forums/topic/419887-worried-about-cfo/

Btw Tahoma, the petitioner here is a US citizen. Does USCIS treat both US cit and LPR the same with regards to the validity of marriage? I am just wondering if the USCIS will be much favorable if the petitioner is a US citizen.

[Tahoma 2,292]

On a side note, A friend of mine married a Filipina years ago. They were both Filipino citizens at the time, and they married in the Philippines, so their marriage is on file with the PSA. They were later divorced in the U.S.

Fast forward to last year. My friend brought a Filipina to the U.S. on a fiancée visa. His fiancé didn't have any problem with the CFO despite the fact that my friend's marriage was on file with the PSA.

I realize this is not the same as your case, but I just wanted to point out that it works both ways.

[Tahoma 2,292]

Btw Tahoma, the petitioner here is a US citizen. Does USCIS treat both US cit and LPR the same with regards to the validity of marriage? I am just wondering if the USCIS will be much favorable if the petitioner is a US citizen.

Your case will be governed by U.S. law, so the marriage would be treated the same.

[rj29 12]

On a side note, A friend of mine married a Filipina years ago. They were both Filipino citizens at the time, and they married in the Philippines, so their marriage is on file with the PSA. They were later divorced in the U.S.

Fast forward to last year. My friend brought a Filipina to the U.S. on a fiancée visa. His fiancé didn't have any problem with the CFO despite the fact that my friend's marriage was on file with the PSA.

I realize this is not the same as your case, but I just wanted to point out that it works both ways.

Thanks for sharing. I am just so anxious about my situation that I am looking and planning ahead of time of what trouble I might bump into in the future.

Your case will be governed by U.S. law, so the marriage would be treated the same.

Thanks for the clarification Tahoma.

[aaron2020 11,651]

On a side note, A friend of mine married a Filipina years ago. They were both Filipino citizens at the time, and they married in the Philippines, so their marriage is on file with the PSA. They were later divorced in the U.S.

Fast forward to last year. My friend brought a Filipina to the U.S. on a fiancée visa. His fiancé didn't have any problem with the CFO despite the fact that my friend's marriage was on file with the PSA.

I realize this is not the same as your case, but I just wanted to point out that it works both ways.

This is very different from the OP's situation.

The beneficiary is the only party requiring the PI document showing his/her marriage status in the PI.

In the above case, the Filipina fiancee had no problem getting a document showing she was single. Her petitioner did not have to do this. His divorce does not fall under PI laws.

The OP will not be able to show under PI laws that he is divorced and remarried.

This is the difference between the situation you wrote about and the current situtioan.

[Darnell 8,478]

ok - so you've got loads of time (2 + years) to plan this out.

if i were in your exact shoes,

I'd live in another country on a work visa , have the f2-a visa interview in that country, and never return to the PI between 'interview date set' to 'greencard in hand' timeticks.

why? totally negates cfo involvement.

[Tahoma 2,292]

This is very different from the OP's situation.

The beneficiary is the only party requiring the PI document showing his/her marriage status in the PI.

In the above case, the Filipina fiancee had no problem getting a document showing she was single. Her petitioner did not have to do this. His divorce does not fall under PI laws.

The OP will not be able to show under PI laws that he is divorced and remarried.

This is the difference between the situation you wrote about and the current situtioan.

1. Please read my post again. I pointed out that the case was different.

2. You are wrong about the beneficiary not having to provide a petitioner's CENOMAR/CEMAR at the CFO seminar. The CFO can, and sometimes does, ask for one of those documents, especially when the petitioner is Pinoy.

3. i noticed that you didn't comment about the case which was on the link I provided in one of my previous posts. Did you even read it? It supports exactly what I have been saying about the OP's case.