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Filed: K-1 Visa Country: Philippines
Timeline

Hi I need some help here unsure what to do.

my wife (filipina )was previously married in the philippines to ( filipino ) she was living ( 12 years seperated ) in Hong Kong and filied a divorce and granted in Hong Kong while she was working there. now she is here in the usa and we are married. we went to report the marriage and change the passport and was told she had to register the divorce in the philippines. we need to find an attorney there to register the divorce she recieved from Hong Kong. and unsure what to do from here we have a parole till dec to register it because we went to chicago at 11 months after marriage. Anyway unsure what to do next any advice and email address to a good cheaper attorney would help calm our nerves thanks

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Filed: Citizen (apr) Country: Hungary
Timeline

Philippines won't accept a divorce filed by a Filipino citizen abroad. That only works if a Filipino citizen is married to a foreigner and the foreigner files for divorce abroad.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: K-1 Visa Country: Philippines
Timeline

And divorce is not recognized in the Philippines. She has to get an annulment.

K1 Visa Timeline
03/04/16: I-129F sent via USPS certified mail
03/09/16: I-129F NOA1
03/11/16: I-129F NOA1 hard copy received
06/13/16: RFE Notice of Action
06/17/16: RFE NOA hard copy received

06/23/16: Response to RFE sent to CSC via USPS certified mail

06/29/16: Response to RFE sent to CSC was received

07/05/16: I-129F was approved and sent to NVC

07/27/16: NVC received petition

07/28/16: NVC sent petition to US Embassy in Manila

08/01/16: Consulate received

08/30/16: Medical

09/13/16: Interview date / Approved

09/17/16: Visa in hand

12/29/16: POE - Dallas, TX

01/20/17: Marriage

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Filed: Citizen (apr) Country: Hungary
Timeline

And divorce is not recognized in the Philippines. She has to get an annulment.

A foreign divorce of a Filipino citizen can be recognized if the foreign spouse of the Filipino citizen is the one who filed for divorce. That's not the case for OP's wife.

OP, I don't understand how your wife got a K-1 in the first place. It seems she was not free to marry according to Philippines law.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Share on other sites

A foreign divorce of a Filipino citizen can be recognized if the foreign spouse of the Filipino citizen is the one who filed for divorce. That's not the case for OP's wife.

OP, I don't understand how your wife got a K-1 in the first place. It seems she was not free to marry according to Philippines law.

If she processed through HK US Embassy doesn't care and Phillipines govt doesn't have any jurisdiction over a Filipino getting a K1 in another country.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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And divorce is not recognized in the Philippines. She has to get an annulment.

Two things here. There is a divorce in the Philippines but to a Muslim.

Second, if her husband in HK is a foreigner and not Filipino and he divorces her she can file her divorce decree in the Philippines and then is eligible to marry again.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Hi I need some help here unsure what to do.

my wife (filipina )was previously married in the philippines to ( filipino ) she was living ( 12 years seperated ) in Hong Kong and filied a divorce and granted in Hong Kong while she was working there. now she is here in the usa and we are married. we went to report the marriage and change the passport and was told she had to register the divorce in the philippines. we need to find an attorney there to register the divorce she recieved from Hong Kong. and unsure what to do from here we have a parole till dec to register it because we went to chicago at 11 months after marriage. Anyway unsure what to do next any advice and email address to a good cheaper attorney would help calm our nerves thanks

Contact Atty. Dimpna (Dimples) D. Bermejo-Dulay and she is located in Davao City. I don't have any other information on how to contact. Maybe you could Google her name.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Citizen (apr) Country: Hungary
Timeline

Two things here. There is a divorce in the Philippines but to a Muslim.

Second, if her husband in HK is a foreigner and not Filipino and he divorces her she can file her divorce decree in the Philippines and then is eligible to marry again.

OP indicated in the first post that the first marriage was to a Filipino.

If she processed through HK US Embassy doesn't care and Phillipines govt doesn't have any jurisdiction over a Filipino getting a K1 in another country.

I learned something new today.

Considering that the first marriage was between two Filipino citizens however, I doubt the Philippines will ever recognize the divorce.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Link to comment
Share on other sites

OP indicated in the first post that the first marriage was to a Filipino.

I learned something new today.

Considering that the first marriage was between two Filipino citizens however, I doubt the Philippines will ever recognize the divorce.

i clearly stated "Second, if her husband in HK IS a foreigner and NOT Filipino" I didn't say that he was Filipino nor did I say he was USC. My statement was for FYI not to be taken literally for this situation. Just a clarification.

The Philippines will not recognize a divorce between two Filipino's. Your correct in what you learned.

What they will have to do is wait till she is naturalized and then she can get a US passport and their worries are over. If her passport is still valid she can travel on it but if it is expired, she cannot obviously.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Citizen (apr) Country: Hungary
Timeline

i clearly stated "Second, if her husband in HK IS a foreigner and NOT Filipino" I didn't say that he was Filipino nor did I say he was USC. My statement was for FYI not to be taken literally for this situation. Just a clarification.

The Philippines will not recognize a divorce between two Filipino's. Your correct in what you learned.

What they will have to do is wait till she is naturalized and then she can get a US passport and their worries are over. If her passport is still valid she can travel on it but if it is expired, she cannot obviously.

Can she not renew her passport in her "old" name? Or that game is up because they tried to register their marriage with the Philippines?

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Thanks all , yes they are both filipino, also we also did the k-1 through Hong Kong so under us law all she needed was to prove she was divorced and free to marry. what if she is to travel back to philippines for vacation before her passport expires (2019) she didnt need the cfo sticker and her green card is in her married name will they allow her to leave ?? I dont know and worry because her daughter is to graduate college 2018.

so lets hope philippes president will change that law soon.

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