My Fiancé will be Annuled Sept 20th. Do we still need certificate from NSO?

[NathanAndLiza 2]

My Fiancé's annulment will be completed September 20th, 2016 finally after one year of waiting but she needs to have her interview on or before October 14th, 2016. From what I've heard, after she gets her Annulment Discree, she needs to go to the LCR (Local Civil Registrar) to file her Discree and it can take up to a month for the LCR to send the Discree to the NSO. Can we take the Discree to the NSO to get it notarized by them rather then waiting a month which is after the time she is suppose yo go for her interview which is before October 14th? I already requested one extension last year so I'm afraid that we might not get another extension. Would the interviewing officer accept the Discree with a notary from the NSO? I would appreciate it if anyone knows this situation. Thank you.

Edited June 26, 2016 by NathanAndLiza

[belinda63 3,038]

Question: Was your fiance free to marry when the K-1 petition was filed? Sounds like she wasn't.

[EM_Vandaveer 2,408]

Question: Was your fiance free to marry when the K-1 petition was filed? Sounds like she wasn't.

^^^^^ This. She will be denied if she was not free to marry when you filed the I-129f.

[aratamorne 164]

Aside from her not being free to marry when you filed......

http://www.ustraveldocs.com/ph/ph-iv-visaapplyinfo.asp#requireddocuments

Marriage Records (if applicable)
For Philippine marriages, the copy of the marriage certificate must be printed on National Statistics Office (NSO) security paper. If the marriage ended by divorce, annulment, disappearance or death of the spouse, legal and/or civil documentation must be presented attesting to the termination of the marriage (annulment decree, death certificate issued by NSO and printed on security paper, a foreign divorce decree, or foreign death certificate).

Beyond that, I would hit up Hank or Greenbaum, they are experts on the Philippines Visa process.

Good Luck

[aaron2020 11,651]

Hi Nathan,

Sorry but your fiancee's K-1 visa application will be denied since she was not free to marry you when you filed the I-129f. One of the requirement of the I-129f is that you both are free to marry when the I-129f is filed. When you filed the I-129f, her marriage was not annulled yet so she was not free to marry at that time.

You will have to refile the I-129f and wait another year.

Sorry.

[KayDeeCee 4,893]

How did the I-129F get approved if she was still legally married when you filed it? Did you state she was single? You obviously did not include the annulment documentation to show her previous marriage ended.

[Hank_ 9,174]

My Fiancé's annulment will be completed September 20th, 2016 finally after one year of waiting but she needs to have her interview on or before October 14th, 2016. From what I've heard, after she gets her Annulment Discree, she needs to go to the LCR (Local Civil Registrar) to file her Discree and it can take up to a month for the LCR to send the Discree to the NSO. Can we take the Discree to the NSO to get it notarized by them rather then waiting a month which is after the time she is suppose yo go for her interview which is before October 14th? I already requested one extension last year so I'm afraid that we might not get another extension. Would the interviewing officer accept the Discree with a notary from the NSO? I would appreciate it if anyone knows this situation. Thank you.

Say what!!!??? You already filed the I-129F and the petition was approved and you are now waiting to complete the interview??? Your visa WILL BE DENIED. BOTH of you must be FREE TO MARRY at the time of filing the petition.

You can not file the I-129F until you have the certificate of finality from PSA (formerly NSO). You screwed the pooch big time!

As for the Decree being delivered to PSA, you cannot hand carry it, you can pay an expedite fee but that is about it to speed things up.

Then after it is at PSA it will take a little time.

https://psa.gov.ph/civil-registration-services/ra-9048-and-10172-petitionsannotations-civil-registry-documents-affected

[NathanAndLiza 2]

Well there are a lot of stories in the philippines people getting married and they have 30 days afterwards to file sign the marriage certificate which my fiance never did. She got married to someone wheb she was 24 and they both went their separate ways one day later. My fiancé told me that if she didnt sign her certificate of marriage within 30 days, her marriage would be voided which wasn't. It was filed without her knowledge. Here it is 18 years later she found out when she went to the NSO last year. She had no idea she was still married. I dont think im screwed. As long as she goes to the interview in s single status, thats all that matters. Ive already spoken to an immigration attorney and there are a few cases that are like that but my fiancé case is much different than others. By my question still regards the LCR and the NSO. If we can get it expedited, then thats good.

[NathanAndLiza 2]

If we have to file the K1 petition over again, will it take longer to get approved again? Our petition took 60 days for approval and packet sent to Manila.

[Gregory&Dyn 113]

Well there are a lot of stories in the philippines people getting married and they have 30 days afterwards to file sign the marriage certificate which my fiance never did. She got married to someone wheb she was 24 and they both went their separate ways one day later. My fiancé told me that if she didnt sign her certificate of marriage within 30 days, her marriage would be voided which wasn't. It was filed without her knowledge. Here it is 18 years later she found out when she went to the NSO last year. She had no idea she was still married. I dont think im screwed. As long as she goes to the interview in s single status, thats all that matters. Ive already spoken to an immigration attorney and there are a few cases that are like that but my fiancé case is much different than others. By my question still regards the LCR and the NSO. If we can get it expedited, then thats good.

With all other issues aside, how on earth have you pin-pointed a date that the annulment will be complete? I call foul play on this one. Not only are annulments in the Philippines incredibly unpredictable, but they are totally 100% dependent on multiple layers of processes. Barring no delays with the judge, and all hearings stay on schedule, you have quite an uphill climb ahead of you. I can say with confidence that October is out-of-the-question.

Once the district judge issues his decision, the case will move to the OSG (office of Solicitor General). You won't see or hear anything for two months. Guaranteed. Once the OSG responds, the court must make receipt and hold the case for an additional two weeks. Assuming you get the Entry of Judgment and the Certificate of Finality from the court, you will have to pay a visit to at least one (possibly two) LCR locations.

The first will be in the district / city where the annulment was completed. You will also have to seek a regional Annotated MC from the LCR in which your fiancé was originally married. Next stage is to expedite (that means mailing ONLY) the documents via private courier to the PSA in Manila where you WILL wait another one to months. It is highly unlikely, although not impossible, that the PSA process can be expedited. Do not hold your breath on this one. In the past, a few have been lucky, most have not.

After all is said and done, and you make it to the doorstep of the USEM in Manila for your interview, you will have to contend with the fact that your I-129F was filed BEFORE your fiancé was legally free to marry. Regardless of what she signed / didn't sign after her marriage, if she is legally married according to the PSA, then there is no getting around this one. Please do not set yourself or her up for failure and disappointment. Do this right.

** Side Note** There is NO formal process that I am aware of to get the PSA / NSO process expedited. If you're lucky, and you know somebody on the inside, you might have an advantage. If you don't know anybody on the inside, monetary gifts sometimes get you through the front door. Let me share with you what that meant for us. My fiancé offered a gift to a guard outside of the PSA location. He escorted her directly inside to a deputy director. The Deputy director accepted my fiancés paperwork and a gift, and promised a response within a week. Two months later we were still waiting. After multiple phone calls, and two more visits to the PSA, the individual who had accepted the gift, adamantly denied having ever met my fiancé, and all of her paperwork was suspiciously misplaced. Here is the bottom line (and this is a collective bottom line from many, many people who have gone before you) DO NOT COUNT ON THE PROCESS BEING EXPEDITED. If it is, great. That's just a bonus. If not, join the ranks.

Edited June 26, 2016 by Gregory&Dyn

[Gregory&Dyn 113]

If we have to file the K1 petition over again, will it take longer to get approved again? Our petition took 60 days for approval and packet sent to Manila.

ABSOLUTELY it WILL take longer.

Right now current trends for I-129F are as follows (these are simply approximations based on a limited number of cases weighed against the whole)

NOA1 (7 to 14 days)

NOA2 (90 days to 5 months). CSC is the only service center processing I-129F / K1's right now.

NOA2 to NVC (1 to 2 weeks)

NVC to USEM (3 weeks to be fair)

[NathanAndLiza 2]

The last process for my Fiancés annulment is the cross examine but the physiologist. After that, the judge will grant my fiancés annulment. Her annulment is in Cavite province and she is the only person in the province that has an annulment case in the court house. Anyway I just spoke to an attorney's and it looks like I'll have to re-file anyway. Thank you everyone for your comments. Disappointing this unexpected event happened even though my fiance was still legally married for 19 years now without her knowledge.

[Gregory&Dyn 113]

The last process for my Fiancés annulment is the cross examine but the physiologist. After that, the judge will grant my fiancés annulment. Her annulment is in Cavite province and she is the only person in the province that has an annulment case in the court house. Anyway I just spoke to an attorney's and it looks like I'll have to re-file anyway. Thank you everyone for your comments. Disappointing this unexpected event happened even though my fiance was still legally married for 19 years now without her knowledge.

Take it one careful and methodic step at a time.

Judge's decision (it will NOT come the day of or the day after the final hearing). Will likely be two weeks or more afterward

OSG

LCR

PSA

I-129F (when you have the COF in hand is best)

Start getting other things in order:

• NBI clearances under your fiancé's married name and maiden name
• PSA approved Birth Certificate
• Passport
• Your financial records. (I strongly suggest you go to the IRS website and order [for free] tax transcripts for the last three years)
• Plan another visit to the islands if needed. Your new I-129F must still meet the 2 year window guideline.
• Gather additional evidence.
• Read the VJ guidelines again and again. Subscribe to forums where others are going through the same process

We are not here to discourage you. The advice offered and the words shared are meant as encouragement. Like you, we are eager to see this done right the first time.

[Gregory&Dyn 113]

Her annulment is in Cavite province and she is the only person in the province that has an annulment case in the court house.

Cavite has a population of over three million people. It is a highly industrialized province because of its proximity to Manila. In fact, Cavite is the MOST populated province in the entire country. There are more annulment lawyers within Cavite proper than I can count on all fingers and toes. Are you telling me they are all out of work? How is yours is the only annulment case in the province? Somebody is seriously misleading you, my friend.

[NathanAndLiza 2]

Ive been to Cavite 8 times to attend all my fiancés hearings. The courthouse in cavite is very small and seldom handle annulment cases. I'm not worrired about the annulment because the judge said this will be my fiances last time going to Cavite since we both travel 14 hours by bus from Santa Maria, Isabela. The annulment isn't my concern. Just wanted to know how does it take for the LCR to send the Decree to the NSO. But now I have some good news so I'm nor worried anymore.