Jump to content
Jec1970

Divorced under shariah law

 Share

13 posts in this topic

Recommended Posts

Hi! Is there anyone here have the same case with me? Im just curious about my status as Divorce here in the Phil, i was married under shariah law in muslim ceremony last 1990 and got the approval of my divorced last 2009. Do u have any idea if the USEM accept divorce paper when in fact phil dont acknowledge divorce. I already had my marriage contract anotated from PSA that my marriage is already dissolved and Certificate of divorce issued by PSA. I read a lot about denial of there us visa application because USEM dont accept divorce under shariah law. What about if both are just married under shariah law and never been married at civil and church wedding is it acceptable by the US embassy?

Link to comment
Share on other sites

Filed: AOS (apr) Country: Morocco
Timeline

First what is USEM? US embassy?PSA? I'm sorry if I seem stupid for asking.

 

So what you are saying is, you and your ex were married by nikkah in the mosque in America, never legally? And divorced islamically also? If so, you were never legally married in the eyes of American law anyway. If it had been in another country, possibly. 

 

This wasn't even worth disclosing since it was not a legal union.....however if you told them, you should send copies of the nikkah and divorce with a cover letter explaining IMO.

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
Link to comment
Share on other sites

Filed: AOS (apr) Country: Morocco
Timeline

Ah OK, I misunderstood. I think send it all, include a detailed cover letter explaining and it should be OK. I'm sure you aren't the first case dealing with this at the embassy.

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

While others will have a more authoritative answer in the interest of getting you an answer in your timezone...  The USEM will require a CENOMAR from NSA.  Thus I believe that the CENOMAR or CEMAR with notations of divorce will determine your eligibility to Marry in the USA.   The USEM is looking for a legal divorce and as such in your case I believe the Philippine Gov would have to acknowledge that divorce (Which it should but might require additional steps to show a notation on the CEMAR)

 

Link to comment
Share on other sites

Filed: AOS (apr) Country: Morocco
Timeline
3 minutes ago, JE57 said:

While others will have a more authoritative answer in the interest of getting you an answer in your timezone...  The USEM will require a CENOMAR from NSA.  Thus I believe that the CENOMAR or CEMAR with notations of divorce will determine your eligibility to Marry in the USA.   The USEM is looking for a legal divorce and as such in your case I believe the Philippine Gov would have to acknowledge that divorce (Which it should but might require additional steps to show a notation on the CEMAR)

 

I did not realize this was a Philippines based thread til after I heard what PSA was. I assumed it was MENA.....I think JE57 is more right than myself on this

**Adjusting from initial Q1/changed to B1 then overstay, termination of removal proceedings**

(STAND ALONE i-130/TERMINATION OF REMOVAL)

First met: Totally random by asking for directions, June 2014 while on vacation at Disney World (L)

Engaged: Aug. 21, 2014

Married: Dec. 1, 2014

ICE phone contact: sometime in early Dec. 2014- Co-operated, retained attorney who advised the same.

Filed stand alone i-130: January 2015 (VSC)

ICE home visit, schedule time to go to DHS office and NTA issued, date TBD, was not detained and released on own recognizance within an hour: January, 2015.

NOA1: Feb. 20, 2015.

Transfer to CSC to balance workloads: August 2015

1)First Master Calendar Hearing: Sept. 9, 2015-Continued based on pending i-130, new court date in 6mo.

Congressional Inquiry: Dec 8. 2015

***i-130 APPROVED WITHOUT INTERVIEW: Dec. 21, 2015** :dancing:

2)Second Master Hearing: March 9, 2016- Removal proceedings terminated w/o prejudice based on approved i-130!! Remanded to USCIS to begin AOS process :dance:

(AOS AFTER TERMINATION)

Filed AOS packet: March 16, 2016.

NOA1: March 21, 2016.

Biometrics: April 20, 2016.

RFE Initial evidence: April 21, 2016 for birth cert/translation and Q1/B1 i94s

RFE response received: May 10, 2016.

EAD approval: May 25, 2016- Card arrived at attorney's office! Could not pick up until May 30 because we were at Disney World again :):D

Notice of missing medical exam: July 2016 (Done on purpose to avoid expiration, we will bring it to the interview as stated in notice)

Inquiry about case status: Sept 2016- Case pending interview at local office.

Inquiry about case status again: Oct. 2016- Due to factors not related to your case, anticipate a delay in processing

HAPPY 2YR ANNIVERSARY TO US!!

Infopass #1 at local office: Dec. 19, 2016- Case pending background/security checks, advised when to renew EAD #2

Waiting on interview at local office...... :clock:

Sent EAD renewal: Feb 10, 2016

EAD#2 NOA1: March 3, 2016

INTERVIEW SCHEDULED!!: interview on March 27, 2017

Text notification, new card being produced: March 29, 2017!!!

*~*~*~*818 DAYS TOTAL*~*~*~

"A smooth sea never made a skilled sailor."

 
Link to comment
Share on other sites

Filed: AOS (pnd) Country: Philippines
Timeline

You need the annotated MC and you also need a CEMAR from PSA. Bring also the original and copy of your Shariah divorce decision during the interview. There are some members here that were divorced thru shariah and successfully obtained K1 and got married in US. 

 

Good luck on your process. 

AOS/ AED/ AP:

(California Service Center, Chula Vista, San Diego, CA)

Filed: Aug 29

Receipt Date: Sept 2

NOA 1 Date: Sept 12 (received text/email)

NOA 1 copy rcvd: Sept 16

Biometrics Notice Date: Sept 17, received Sept 24

Biometrics Sched: Oct 5

Successful walk-in: Sept 26

Oct 13- Case ready to be scheduled for interview

EAD/AP approved - Nov. 1/2 / Received EAD/ AP Combo Card- Nov. 15

50days from NOA1/ 64 days from receipt date.

January 30-  USCIS Ap update, Interview sched on March 3, 2017

Jan 31 - received USCIS letter/ Notice for interview 

March 3- Interview, approved on the Spot

March 8 - received GC

Dec 2018 - To file ROC

 

My Blogs:

I-129F Petition Process

Medical Requirements

Medical Exam Experience

US Embassy Manila K1/K2 Interview Preparation Requirements and Instructions

Interview (K1 with 2 K2s)

CFO Guidance and Counseling (applicable to applicant from Philippines only)

My K1 Visa Journey

8 August 2015 - Sent I-129F Packet thru USPS

17 August 2015 - I -797C Notice date

20 August 2015 - Received printed copy of NOA1 dated Aug 17.

2 September 2015 - APPROVED! (14 working days from receipt date)

Dec. 21-22 - Medical DONE!

Jan 11, 2016 - Interview- APPROVED!

Jan 15 - Visa ISSUED!

Jan 21 - VISA ON HAND! (8 working days from interview)

March 21 - CFO / PDOS for K2s

June 1, 2016 - POE

July 18, 2016 - Married

I am his and he is mine from this day until the end of my days..

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

~~Moved to the Philippines forum, from K1 P&P -  as the questions is country specific.~~

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites

You have fortunately lucked out very good. Yes, the US Embassy Manila accepts divorce under Sharia law ONLY if the claimant was Married under Sharia law as well.The Philippines and US Government started cracking down on this late last year because so many people were getting divorced under Sharia law but they were married in a Catholic Church, so now this is not recognized unless the individual was married in Sharia law as well. 

 

So you are fine and you should not have a problem at all with the USEM. 

Link to comment
Share on other sites

50 minutes ago, sparkles_ said:

Ah OK, I misunderstood. I think send it all, include a detailed cover letter explaining and it should be OK. I'm sure you aren't the first case dealing with this at the embassy.

Unfortunately you are wrong. The embassy started cracking down on Sharia law divorces last year because people were getting divorced under Sharia law but they were married by a Christian church in the beginning. The reason for this is because there is no divorce recognized in the Philippines unless it is by Sharia law, and annulment is VERY expensive($5k at least) and a very long process 1-2 years.

Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline
1 hour ago, Jec1970 said:

Hi! Is there anyone here have the same case with me? Im just curious about my status as Divorce here in the Phil, i was married under shariah law in muslim ceremony last 1990 and got the approval of my divorced last 2009. Do u have any idea if the USEM accept divorce paper when in fact phil dont acknowledge divorce. I already had my marriage contract anotated from PSA that my marriage is already dissolved and Certificate of divorce issued by PSA. I read a lot about denial of there us visa application because USEM dont accept divorce under shariah law. What about if both are just married under shariah law and never been married at civil and church wedding is it acceptable by the US embassy?

Being you were married under shariah law USEM, and the Philippines, will accept the muslim divorce without ISSUE.

 

The denials were for those NOT married as muslim and trying to side-step the annulment process using the muslim divorce.

 

Being married in a civil or church wedding would cause many issues... be glad you didn't.

 

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

Link to comment
Share on other sites

Sagot and Cyberfx are correct. If married as a Muslim and divorced  ad a Muslim and you have documents showing both and having  the endorsement then you should be fine.

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]

 

Link to comment
Share on other sites

  • 1 year later...

I know this is an old trend I hope you guys will still reply. 

So I had previously married in sharia (nikkah wedding) 2016 here in the Philippines,to an american muslim convert. Fast forward the marriage didnt work.I filed for Divorce and was granted by sharia court here in PH under P.D 1083 My marriage contract is already annotated and certified by both Local civil registry and PSA.However when I filed for Cenomar it doesnt show that my marriage is already divorced by islamic court.

Does anybody here got a Cenomar with an islamic divorced remarks on it?Because What the people from PSA cebu (wer I requested for a copy of cenomar) says that for muslim divorce it wont show up or appear in th CENOMAR,andthey have adviced me that during the interview (k1 filler) i will just have to bring with me supporting documents proving that the marriage has been divorced?

 

Please help.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...