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

[hoping11 0]

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.

yes i am quite worried of the ph laws esp since i am ph citizen and he is dual citizen.

[Rafael G 14]

Eu sei que isto é triste, acabamos de receber a nossa NOA2 mas por causa da falta de processar o reconhecimento do decreto estrangeira que pode não ter uma escolha, mas para parar o processamento do k1 visa.is possível aplicar novamente depois de se corrigir o reconhecimento? nós temos uma grande possibilidade de se negou a próxima vez?

Olá, se seu namorado esta divorciada nos Estados Unidos, eu acredito que não tem problemas, teria problema se o marido tinha sido casado nos EUA e se divorciaram em PH (não tenho certeza se isso é possível), mas se ela é divorciada em EUA e esperou que o prazo para um novo casamento, tudo está bem.

[aaron2020 11,651]

Dual citizenship does not matter. The Philippines Government does not care that he's a US citizen. The Philippines Government will treat him as a Filipino since he is a Philippines citizen. He will need to satisfy all the requirements for a Filipino.

[KayDeeCee 4,893]

If the divorced one is the USC petitioner, and they divorced in the US, then I do not see what the problem is. The USC petitioner will provide a copy of their divorce decree with the I-129F petition, as it is a requirement for both to be free to marry at the time of filing the petition. The USC petitioner does not need to get the documents needed by the foreign fiance(e) that is applying for the K-1 visa in Manila. The USC was legally divorced in the US and legally able to marry again in the US. They do not need the CENOMAR. The foreign fiance(e) does. They are applying for a visa. The USC petitioner is not in need of one. They will marry in the US, not in the Philippines.

Dual citizenship does not matter here. They are USC, and for the purposes of filing an I-129F and having their foreign fiance(e) apply for a K-1 visa, being a USC is all that matters and is required.

Edited October 16, 2016 by KayDeeCee

[hoping11 0]

If the divorced one is the USC petitioner, and they divorced in the US, then I do not see what the problem is. The USC petitioner will provide a copy of their divorce decree with the I-129F petition, as it is a requirement for both to be free to marry at the time of filing the petition. The USC petitioner does not need to get the documents needed by the foreign fiance(e) that is applying for the K-1 visa in Manila. The USC was legally divorced in the US and legally able to marry again in the US. They do not need the CENOMAR. The foreign fiance(e) does. They are applying for a visa. The USC petitioner is not in need of one. They will marry in the US, not in the Philippines.

Dual citizenship does not matter here. They are USC, and for the purposes of filing an I-129F and having their foreign fiance(e) apply for a K-1 visa, being a USC is all that matters and is required.

thank you so much.i keep searching the net for someone with a similar situation like mine but i cant find one. consulting a lawyer is expensive and i think most of them will answer i need to have the divorce recognized.

[hoping11 0]

Dual citizenship does not matter. The Philippines Government does not care that he's a US citizen. The Philippines Government will treat him as a Filipino since he is a Philippines citizen. He will need to satisfy all the requirements for a Filipino.

i am so confused right now, honestly.hehe we consulted a lawyer from us once and told her of our case but she didnt inform us about the foreign decree. one lawyer on the other hand also from us, told us we should file for the recognition. now i am getting contradicting answers but i really do hope we can fix this asap.

[RobertM54 36]

i am so confused right now, honestly.hehe we consulted a lawyer from us once and told her of our case but she didnt inform us about the foreign decree. one lawyer on the other hand also from us, told us we should file for the recognition. now i am getting contradicting answers but i really do hope we can fix this asap.

If the blog post I originally quoted is correct, then you cannot file for recognition of the divorce. It requires that his spouse initiate the divorce. Since he initiated the divorce, then recognition is not an option. So, if you want everything to be fine in the Philippines, you need an annulment. I assume that you need an annulment in the state that your fiance married. In USA, annulment laws vary by state.

[Aila 8]

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

Was your fiancée a dual citizen (filipino/american citizen) at the time of marriage to his USC ex-wife?

Did your fiancée report there marriage to Philippine Consulate General in US?

[Anitafeliz 1,133]

If he was not free to marry then the NOA2 wouldn't have happened.

[sharkfin07 16]

hi, everyone

i am a lawyer in the Philippines ( still licensed) who left my spouse while still in the Phil, at age 26. Of course, i could not divorce spouse there as there is no divorce in the Phil.

I came to the US in 1989, at age 41, and eventually became a US citizen. i filed for divorce from my spouse.

My divorce in the US is valid here, but not valid in the Phil.

Under Phil. law, even if my spouse has been cohabiting with another woman since i was still there and has 4 children, I am still married to him

Under US jurisprudence, however, the fact of one's being a US citizens makes your divorce here valid w/c means you can marry another without any problem..

You only need your birth and marriage certificates, from the Phil. if you file for the I-130 or whatever else you will do

I am doing this currently, just married a Brazilian and filing the I-130 petition.

You do not need a decree from the Phil. validating your divorce decree as there is none, so far, and none in the near future.

Good luck...

[ddtenor2 80]

I am not knowledgeable about Philippine marriage law, so I am unable to contribute to the discussion regarding your fiancee's previous marriage. To answer your original question, though, if you are unable to secure a K-1 visa during the permissible time frames, you will be able to reapply once your issues have been resolved. My fiance came to the U.S on his original K-1 visa but had to return home for a family emergency before we married, hence he was able to apply for Advanced Parole. As a result, we needed to start the process all over again.

If you need to begin the process again, your fiancee will need to answer questions 14 through 14.h. in Part 1 of the new I-129F. To answer question 14.h. I attached an additional page explaining our circumstances and why I was reapplying. There are places on the form asking for your Alien Registration Number. This was assigned when your first I-129F was adjudicated, and should be reused on the second filing.

I was confused about question 4. in Part 3 (regarding multiple I-129F petitions), so I included a letter requesting a waiver--that was probably overkill, but I wanted to avoid getting an RFE.

I hope your issues are resolved without having to go through the process all over again.

Good luck on your journey!!

[Anitafeliz 1,133]

Yes she will need a letter for múltiple k1 approved with 2 years if they reapply before 2 years are up from last noa2.

Imbra multiple filling waiver ...

But to U.S. they are free to marry

Edited October 16, 2016 by Anitafeliz

[Aila 8]

hi, everyone

i am a lawyer in the Philippines ( still licensed) who left my spouse while still in the Phil, at age 26. Of course, i could not divorce spouse there as there is no divorce in the Phil.

I came to the US in 1989, at age 41, and eventually became a US citizen. i filed for divorce from my spouse.

My divorce in the US is valid here, but not valid in the Phil.

Under Phil. law, even if my spouse has been cohabiting with another woman since i was still there and has 4 children, I am still married to him

Under US jurisprudence, however, the fact of one's being a US citizens makes your divorce here valid w/c means you can marry another without any problem..

You only need your birth and marriage certificates, from the Phil. if you file for the I-130 or whatever else you will do

I am doing this currently, just married a Brazilian and filing the I-130 petition.

You do not need a decree from the Phil. validating your divorce decree as there is none, so far, and none in the near future.

Good luck...

That is the reason why i''m asking the OP, she mentioned that her fiancé was a dual citizen, she also said that her fiancé was a USC at the time of marriage and divorce but never mentioned if he's a filipino citizen as well and i also asked if his husband filled for a report of marriage abroad through phil. consulate general in US. If they did then the marriage is still valid HERE in the philippines inspite of the divorce decree but if not then as long as the fiancée is divorced and both are free to marry then no problem on pursuing the I-30 application.

[sharkfin07 16]

yes i am quite worried of the ph laws esp since i am ph citizen and he is dual citizen.

hoping, don't worry about dual citizenship.

in the eyes of the US gov't you are a US citizen.

[sharkfin07 16]

yes i am quite worried of the ph laws esp since i am ph citizen and he is dual citizen.

sorry, my reply re dual citizenship was not finished. I was trying to say, do not complicate your thoughts with dual citizenship. in both the US and the Phil.

To the US gov't, if you are a citizen, that's just it, you are its citizen and nowhere else.

In the Philippines, if you have a citizenship with the country, you are a citizen therein.

The term Dual citizenship is only viewed as such by a 3rd country.

So to each respective gov't you are each country's citizen, enjoying all the rights it bestows but, also, subject to its laws.

independently, it does not care, wherever else you are a citizen of. However, there are limitations, to dual citizenship, despite its recognition of your being a country's citizen. In the Phil. for one, you can not run for elective office if you have a US or another country's citizenship.

Your application to marry or bring spouse here to the US is not covered by any exception / limitation.under the dual citizenship feature.