Can we stop the processing of the K1 visa after we receive NOA2?

[hoping11 0]

I know this is sad,we just received our NOA2 but because of failure to process the recognition of foreign decree we might not have a choice but to stop the processing of the k1 visa.is it possible to apply again after we fix the recognition?do we have a big possibilty of getting denied the next time?

[NuZayetsPogodi 117]

Can you give us some more details? What type of foreign decree? How is it relevant to the K-1? Are you talking about a divorce decree?

[RobertM54 36]

It sounds like a divorce decree is not official. You have an approved K1, but if it is a not divorced issue, you may have to start over. If it is just a paperwork issue, you have up to 4 months before the interview to get it fixed.

[hoping11 0]

Can you give us some more details? What type of foreign decree? How is it relevant to the K-1? Are you talking about a divorce decree?

My fiance is a dual citizen (fil and us),he got married here in the us, then got divorced 7yrs ago but was not able to process the recognition of his divorce decree in the ph. Now we already have the NOA2 but we havent had his divorce decree recognized yet.

It sounds like a divorce decree is not official. You have an approved K1, but if it is a not divorced issue, you may have to start over. If it is just a paperwork issue, you have up to 4 months before the interview to get it fixed.

what's heartbreaking is we havent even started filing the recognition of his divorce decree.

It sounds like a divorce decree is not official. You have an approved K1, but if it is a not divorced issue, you may have to start over. If it is just a paperwork issue, you have up to 4 months before the interview to get it fixed.

what's heartbreaking is we havent even started filing the recognition of his divorce decree.

[RobertM54 36]

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

Was he married to a non-filipina in the US? If it was a filipina, it looks like annulment is the only way to go.

We have a basic discussion on Article 26 of the Family Code (click here: Divorce and Annulment in the Philippines). Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:

1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

Also - this comment

This law provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isn’t it unfair that the Filipino/Filipina can’t initiate divorce?

It may be unfair, but that’s the law, consistent with the State’s policy of not allowing divorce for Filipinos. This doesn’t mean, however, that the Filipino/Filipina has no other recourse. If the circumstances fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.

[EM_Vandaveer 2,408]

I don't think any of this matters. If it's the petitioner's divorce decree in question, then no problem. He is divorced in the US Government's eyes. It does not matter what the Philippines Government thinks of it.

[hoping11 0]

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

Was he married to a non-filipina in the US? If it was a filipina, it looks like annulment is the only way to go.

We have a basic discussion on Article 26 of the Family Code (click here: Divorce and Annulment in the Philippines). Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:

1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

Also - this comment

This law provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isnt it unfair that the Filipino/Filipina cant initiate divorce?

It may be unfair, but thats the law, consistent with the States policy of not allowing divorce for Filipinos. This doesnt mean, however, that the Filipino/Filipina has no other recourse. If the circumstances fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.

He was married to a USC, at the time of the divorce they were both USC.

[hoping11 0]

I don't think any of this matters. If it's the petitioner's divorce decree in question, then no problem. He is divorced in the US Government's eyes. It does not matter what the Philippines Government thinks of it.

we do have plans of starting the recognition but unfortunately we dont think it would end as soon as the k1 visa.i am worried that if we get married in the us,we might be charged of adultery (me) and bigamy (him) since our marriage certificate will be forwarded to the ph embassy.

[RobertM54 36]

I don't think any of this matters. If it's the petitioner's divorce decree in question, then no problem. He is divorced in the US Government's eyes. It does not matter what the Philippines Government thinks of it.

This is a Philippine specific question so I assume this thread will soon get moved to that sub-forum. My guess is that the USA Embassy in the Philippines will respect Philippine law in this regard. Perhaps not.

[EM_Vandaveer 2,408]

we do have plans of starting the recognition but unfortunately we dont think it would end as soon as the k1 visa.i am worried that if we get married in the us,we might be charged of adultery (me) and bigamy (him) since our marriage certificate will be forwarded to the ph embassy.

Don't tell the ph embassy. Easy.

This is a Philippine specific question so I assume this thread will soon get moved to that sub-forum. My guess is that the USA Embassy in the Philippines will respect Philippine law in this regard. Perhaps not.

The US Embassy will view the petitioner as a USC. He obtained a divorce in the US therefore he is divorced in the US' eyes.

[RobertM54 36]

we do have plans of starting the recognition but unfortunately we dont think it would end as soon as the k1 visa.i am worried that if we get married in the us,we might be charged of adultery (me) and bigamy (him) since our marriage certificate will be forwarded to the ph embassy.

1. As the previous poster mentioned, confirm this is an issue in the Philippines.

2. The embassy has the prerogative to extend the processing window beyond 4 months.

3. You have not married yet. If the embassy approves your petition, you have 6 months to move and you have another 90 days to finish the paperwork once you are in the USA.

Did your fiance's ex initiate the divorce?

[hoping11 0]

1. As the previous poster mentioned, confirm this is an issue in the Philippines.

2. The embassy has the prerogative to extend the processing window beyond 4 months.

3. You have not married yet. If the embassy approves your petition, you have 6 months to move and you have another 90 days to finish the paperwork once you are in the USA.

Did your fiance's ex initiate the divorce?

my fiance initiated the divorce. he was a us citizen at the time of the divorce. oh okay so if we get the visa approved and i have my visa packet,i still have 6months before i go to the us?

[RobertM54 36]

my fiance initiated the divorce. he was a us citizen at the time of the divorce. oh okay so if we get the visa approved and i have my visa packet,i still have 6months before i go to the us?

You have six months. Roughly 10 months from NOA2. And remember, you can ask for the 4 month window to be extended. From the blog post (if still current) you are not eligible to have the divorce recognized. You need an annulment. At this point you really need country specific information about whether you have a problem. Is your fiance dual Filipina-US citizen? Easiest might be to somehow renounce Filipina citizenship so the law does not apply to him.

Is adultery a crime in the Philippines ?

So in summary:

1. If US embassy does not care, you can come to USA on K-1.

2. Whether you will have a legal marriage in the Philippines is a very country specific question.

Edited October 16, 2016 by RobertM54

[hoping11 0]

You have six months. Roughly 10 months from NOA2. And remember, you can ask for the 4 month window to be extended. From the blog post (if still current) you are not eligible to have the divorce recognized. You need an annulment. At this point you really need country specific information about whether you have a problem. Is your fiance dual Filipina-US citizen? Easiest might be to somehow renounce Filipina citizenship so the law does not apply to him.

Is adultery a crime in the Philippines ?

So in summary:

1. If US embassy does not care, you can come to USA on K-1.

2. Whether you will have a legal marriage in the Philippines is a very country specific question.

Annulment?But at the time of the divorce,they are both uscitizens?doesnt that mean that they are both qualified to initiate the divorce?

[RobertM54 36]

Annulment?But at the time of the divorce,they are both uscitizens?doesnt that mean that they are both qualified to initiate the divorce?

No problem with any of this in US law. You seem to be worried about Filipina law. If you want his divorced to be recognized in the Philippines, then it is a Filipina law issue. Filipina law has no effect in America and American lay has no effect in the Philippines.

Does this make sense? There are absolutely no issues under American law. The USA does nt care if the Philippines recognizes your fiance's divorce.