Looking for Solid Advice from the Big Dogs

[Hank_ 9,174]

While you are sleeping..

Thank you for sending the link on 1-29F; I studied that myself over and over. I did 90% of the work on our process not just relying everything to my USC fiancé. So I know the guidelines by heart.

Guys, we always say here do not over think this whole process. Instructions are plain and simple. Goodness! You are making my brains work; do we need a lawyer to interpret legality? I am done with annulment bruhaha!

Before questioning my answer- is there a policy that USCIS specifically asked annotated MC or CENOMAR from NSO/ PSA for I 1-29F filing? NONE - therefore my answer is correct. That was the question of OP; if there was one on the guideline I didn’t see it- I have not read it over a period of months that I am studying the process. WOW! How did I miss that. My I-129 F has no Cenomar attached.

There was NO specifics on the requirements. The requirement is BOTH ARE LEGALLY FREE TO MARRY. Keyword- LEGALLY. Legally is totally different from all the bureaucracy and nitty-gritty to get a marriage license wherever you are in the world.

This is plain and simple and logical. The question is " both are legally free to marry"; you are questioning if with the declaration and final judgement is the person is legally to marry? ABSOLUTELY YES! The question is legality, legality was already given by the court with the dissolution of marriage. The court has the only authority to declare dissolution of marriage not PSA/ NSO.

Evidence all prior marriages has been terminated - may include divorce decree, or an annulment or death certificate issued by a competent civil authority - in case of annulment this is being granted by the Court by issuing Certificate of Finality/ Entry of Judgement signed by a Judge. Irrevocable.

That is the only evidence asked by USCIS. Now, if you wanted to give more docs- do so; but again those are not necessary.

Hey by the way if you are divorced abroad and a Philippine Citizen do they require a Cenomar or an annotated MC for I-129F process as well?? A foreign marriage should be registered with the Phil consulate – you are dully married in the Phils and your MC will appear at PSA/ NSO records. Now with the divorce abroad if not duly reported at Phil Consulate and no annotated MC was issued – are you not legally free to marry? Of course you are! You can get married even if you are a Philippine citizen wherever you want. Because a divorce decree or an entry of judgment of a Nullity of Marriage are declaring a person legally free to marry.

It was not also mentioned, are you legally free to marry on a specific country- locality, ethnic groups, religious order. Overall- Legally free to marry was already given by the court with the Certificate of Finality signed by the judge. Annotate MC and Cenomar are only implementing the dissolution of marriage on public records; thus we process with LCR/ NSO/ PSA. Legality of the dissolution or nullity of marriage was already given by the court records.

By the way a divorce or an annulment is not being recognized by the any Catholic church in the PH, even with an annulment if you are married in the church you are still married by church rules. Now does that make you NOT legally free to marry? Of course not, Church and Legality of your annulment had no direct link because by Judicial Authority your marriage was declared ab initio.

Now on the requirements of NSO annotated MC or Cenomar.

Scenario 1: a single person, never married and wanted to get married in the Philippines. Marriage License Requirement: Cenomar, among others.

Scenario 2: Previously married, annulled, divorced, widow - Marriage License Requirement: Cenomar among others.

Scenario 1 - are they legally free to marry? YES yet, they were asked for Cenomar.

Scenario 2: are they legally free to marry? YES yet, they were asked for Cenomar.

These are requirement if you are getting married in the country but it doesn’t mean that if you don’t have it you are not legally free to marry.

Cenomar is a specific document required only if you will get married in the Philippines. CENOMAR is specifically asked by US Embassy upon K1 application NOT during I-129 F process and the ANNOTATED MC is not a requirement for K1 application; US Embassy is not asking for annotated MC during the interview with the annulment documents – My annotated MC was not asked anywhere in the process.

Here is the deal, and what you are side stepping; USCIS may not know the complete process in the Philippines to be FREE TO MARRY (and yes that matters) after all they deal with hundreds of countries. BUT ..... USEM does ask for the CENOMAR (required document) and they do know the process in the Philippines, and I do know of cases where the visa was not issued, the case file was sent back to USCIS all because the couple WERE NOT free to marry at the time of filing the petition. USEM does not catch everyone, but some COs are on the ball... I call it gambling filing the I-129F too soon.

It is this simple FREE to marry (and yes this means in the Philippines ... USEM is not full of idiots)? YES NO

[Tahoma 2,292]

Greg,

Dyn could have scanned the documents she had and emailed them to you in order to submit your I-129F before the two-year window expired. Those documents were all that the USCIS needed to show that Dyn was free to marry. Cristina16 is absolutely correct on this. I have never seen an annulment case where the USCIS required more than those documents.

Have a great trip...!

[Gregory&Dyn 113]

Greg,

Dyn could have scanned the documents she had and emailed them to you in order to submit your I-129F before the two-year window expired. Those documents were all that the USCIS needed to show that Dyn was free to marry. Cristina16 is absolutely correct on this. I have never seen an annulment case where the USCIS required more than those documents.

Have a great trip...!

Tahoma,

Ya know, we thought about that with five days remaining in our two-year-window. I was discouraged by too many folks saying it was already too late. Teh advice I received was USCIS takes up to a week to process, and the processing date is the date they use to calculate what day the I-129F is filed (not the postmarked date or the receive date).

In retrospect, we should have scanned the docs and submitted with the remaining few days we had. Regretfully, too late now. I do appreciate the response. It was great to hear from you. Hope all is well.

[Hank_ 9,174]

As said before USCIS may not have issue as they don't know the finer details of the annulment process in the Philippines... but USEM does know, and sometimes the CO does pay attention to all the dates on all the forms.

http://manila.usembassy.gov/kvisas.html

What are the main reasons a K-1 visa is denied?

K-1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence of the relationship; lack of a petitionable relationship; misrepresentation of the facts; medical concerns; criminal grounds and potential public charge.

A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. A U.S. citizen may terminate a Filipino marriage through a U.S. divorce.

Edited February 19, 2016 by Hank_

[Tahoma 2,292]

The USEM would have had no issue with Dyn's annulment. It makes no difference whether it was recorded at the LCR or the PSA before the I-129F petition was received by the USCIS.