Hong Kong Divorce for Filipino

[BuckMaster 5]

Hello All,

 

New member here.  My Filipino girlfriend and I were introduced by an American / Filipino couple here in the U.S.  They got their K-1 Visa two years ago.  Our situation is an exact copy of theirs...

 

My girlfriend and I have been dating via Skype since August.  She has been working in Hong Kong for five years.  She is married in the Philippines with one 17 year old daughter.  She has been separated from her husband for 15+ years.  As we all know, divorce is not allowed in the Philippines and annulments take a very long time (years).  Just as her friend did, that introduced us, she has filed for a divorce in Hong Kong and will be receiving the divorce decree soon.

 

My question:  Will her divorce decree from Hong Kong be accepted, for the purpose of obtaining a K-1 Visa (as it was for her friend two years ago) or, has the law changed?

 

Thank you in advance for your time and consideration.

[lady_troll 1]

It didnt work for me. I have to go back to Philippines and filed an annulment. But that was 10 years ago.

Edited January 7, 2017 by lady_troll

[Sagot 1,548]

11 hours ago, BuckMaster said:

Hello All,

 

New member here.  My Filipino girlfriend and I were introduced by an American / Filipino couple here in the U.S.  They got their K-1 Visa two years ago.  Our situation is an exact copy of theirs...

 

My girlfriend and I have been dating via Skype since August.  She has been working in Hong Kong for five years.  She is married in the Philippines with one 17 year old daughter.  She has been separated from her husband for 15+ years.  As we all know, divorce is not allowed in the Philippines and annulments take a very long time (years).  Just as her friend did, that introduced us, she has filed for a divorce in Hong Kong and will be receiving the divorce decree soon.

 

My question:  Will her divorce decree from Hong Kong be accepted, for the purpose of obtaining a K-1 Visa (as it was for her friend two years ago) or, has the law changed?

 

Thank you in advance for your time and consideration.

The Hong Kong divorce WILL be accepted by the U.S. embassy for obtaining the K-1 visa... NO ISSUE.  Only place on the planet your fiancee will still be married is in the Philippines, but that has NO effect on obtaining the K-1 visa.   

 

Once the divorce is finalize you can file the I-129F petition with USCIS, she can process there in HK or back in the Philippines, your choice.

 

 

[Sagot 1,548]

9 hours ago, lady_troll said:

It didnt work for me. I have to go back to Philippines and filed an annulment. But that was 10 years ago.

 

Why wouldn't the HK divorce work for you, divorces were accepted by USICS and the embassies even 10 years ago?

[Greenbaum 12,259]

Divorce in HK will not be a problem if processing through USEM or HK. Just follow the HK requirements.

[JE57 239]

Yes as others have said you will be fine.  Our story as well.   You note that you've been dating via SKYPE since AUG... I'll simply remind you that a requirement to file a K-1 Visa is that at the time you file you both must be eligible to Marry in the USA.. The HK divorce will get you that.   But also note that you must have met in person in the last two years before filing.  So it's time to start planning a trip to meet in person.   You do NOT need to wait for the divorce to be finalized to have your in person meeting count toward the 2 year requirement!  Assuming she has no tourist visa to the USA it seems likely you'll need to go to her.  But you know a couple who have been thru this so lean on them a bit.

[BJ&V 10]

How long does she have to be in HK before she can file for a divorce? Also, does she still have to get her guidance and counseling certificate from the Commission on Filipinos overseas before she can fly if she is an OFW.

[Cyberfx1024 7,980]

28 minutes ago, BJ&V said:

How long does she have to be in HK before she can file for a divorce? Also, does she still have to get her guidance and counseling certificate from the Commission on Filipinos overseas before she can fly if she is an OFW.

She is still in HK, and have y'all met in person yet? If she is in HK and she stays in HK for processing in that embassy then she does not need the CFO before she can fly to the USA. If she goes back to the Philippines after getting her visa then yes she will need it.

[Sagot 1,548]

[BuckMaster 5]

Hello All,

 

Thank you for your responses.  They have been very informative and encouraging.  :-)

 

We are moving right along and everything is going fine so far (thank you Jesus).  A few of you have proactively asked about our meeting in person.... Yes, I will be flying to Hong Kong to meet my Pacific Princess the end of this month, during the Chinese New Year!  Of course, we are very excited.  To finally see each other in person after kissing our cellphones for six months!!  I'm sure many of you can relate if you take a moment to recall the first time you saw your Filipino bride-to-be.  Can't wait!!  I have a hotel room with a balcony and a view of the city.  It is going to be a wonderful trip.

 

While in Hong Kong, we will take pics of us together at major landmarks, to be included in our K-1 Visa application as part of our "proof of an existing relationship".  I cannot wait to be with her on Victoria's Peak at night in Hong Kong.  So very romantic....

 

I will attempt to address the question below:

On 1/11/2017 at 7:19 PM, cyberfx1024 said:

On 1/11/2017 at 6:48 PM, BJ&V said:

How long does she have to be in HK before she can file for a divorce?

I have asked my fiancee about this...  She said that as long as your fiancee has the "Hong Kong ID Card", which, in turn, means that she also has a Hong Kong address; she can file for her divorce in Hong Kong.  My fiancee is registered in Hong Kong as a Domestic Helper and uses the address of her employer for her divorce as well as her K-1 Visa application.  I hope this helps....

 

I have an additional question for the community:

 

Once my fiancee receives her K-1 Visa in Hong Kong (how's that for an optimistically positive statement? :-) , we would like to travel to the Philippines so that I can meet her family and the two of us visit, prior to starting our lives together in the United States.  I am understanding that she will need a CFO certificate in order to fly out of the Philippines to the United States?  Is that correct?  If so, how does she obtain this?

 

You all have been so considerate to help those of us that are chasing this dream.  I pray that God will bless each and everyone of you for your time and kind consideration.

 

Sincerely,

Buck

Edited January 15, 2017 by BuckMaster

[Greenbaum 12,259]

Information for CFO is here http://www.cfo.gov.ph also further information is here http://tinyurl.com/ob9xoa8

 

[glenn69 0]

hi I'm a new member here I'm a k1 VISA applicant been approved and waiting to for my interview schedule..divorce here in hongkong married in phil..sad part USEM WANT ME TO HAVE REGISTERED my divorced decree and obtain cenomar huhuhuuu is that possible ?anyone here who have the same situation as me? please help.

waiting my packet 4 from USEM HK presently  working here in hongkong. 

Edited July 7, 2018 by glenn69
to put more specific information about my case.

[Hank_ 9,174]

7 hours ago, glenn69 said:

hi I'm a new member here I'm a k1 VISA applicant been approved and waiting to for my interview schedule..divorce here in hongkong married in phil..sad part USEM WANT ME TO HAVE REGISTERED my divorced decree and obtain cenomar huhuhuuu is that possible ?anyone here who have the same situation as me? please help.

waiting my packet 4 from USEM HK presently  working here in hongkong. 

Embassy in HK wants you to register your divorce decree in the Philippines?   Seriously?   That is a first and there have been a few on this forum processing their visas through HK.

 

You do need a CENOMAR from PSA, that is required, but PSA will issue the CEMAR being you are "married" in the Philippines.  Maybe you are misreading the requirement where the state they need a CENOMAR .

 

Having a CEMAR and a divorce decree has never been an issue with any that have processed their K-1 before.    I know the embassy in Manila has not changed that requirement.

[glenn69 0]

hi hank thank you very much for the information. I really appreciate it..I think our lawyer is misleading the information to, must apply then for my CENOMAR /CEMAR. via online and have them delivered to USEM HK.

AGAIN THANK YOU SO MUCH.

[Hank_ 9,174]

23 minutes ago, glenn69 said:

hi hank thank you very much for the information. I really appreciate it..I think our lawyer is misleading the information to, must apply then for my CENOMAR /CEMAR. via online and have them delivered to USEM HK.

AGAIN THANK YOU SO MUCH.

Exactly.