Administrative Processing - PUZZLED, please help!

[Thinker 0]

K1 beneficiary here, I just had my interview with the U.S. Consular from the U.S. Embassy Manila. I'm excited, well prepared and very positive when I went there. But after the CO asked about my fiance's previous marriage, she told me to acquire his CENOMAR from the PSA. Now, I'm puzzled, here are the facts:

 

My fiance is a naturalized citizen on 2007 in the u.s. by marrying his u.s. citizen (Filipina) from Cr1 on 1992. He re-acquired his Philippine Citizenship on 2010 (so he’s a dual citizen) and got divorced from his u.s. Citizen wife last year 2016. He then filed a petition in USCIS K1 visa for me.

 

I am worried because I have read a lot of negative article online regarding recognition of foreign divorce. But I couldn’t find a similar story as mine. I want to ask what do you think the US embassy in manila and the CFO might foresee in our situation? I’m a bit confused because considering these facts:

 

*They were married in the Philippines (1991)
*The wife is the u.s. citizen and my fiance is the alien (cr1) and got naturalized
*My fiance is a dual citizen but his wife is a u.s. citizen

 

Do they (USEM & CFO) have legal reasons for not allowing me to acquire k1 visa because of these facts?

 

Thanks for the reply in advance.
Shayne

[Ontarkie 14,634]

~~Moved to the Regional forum, from K1 P&P - As this is country specific.~~

[Sagot 1,548]

5 hours ago, Thinker said:

K1 beneficiary here, I just had my interview with the U.S. Consular from the U.S. Embassy Manila. I'm excited, well prepared and very positive when I went there. But after the CO asked about my fiance's previous marriage, she told me to acquire his CENOMAR from the PSA. Now, I'm puzzled, here are the facts:

 

My fiance is a naturalized citizen on 2007 in the u.s. by marrying his u.s. citizen (Filipina) from Cr1 on 1992. He re-acquired his Philippine Citizenship on 2010 (so he’s a dual citizen) and got divorced from his u.s. Citizen wife last year 2016. He then filed a petition in USCIS K1 visa for me.

 

I am worried because I have read a lot of negative article online regarding recognition of foreign divorce. But I couldn’t find a similar story as mine. I want to ask what do you think the US embassy in manila and the CFO might foresee in our situation? I’m a bit confused because considering these facts:

 

*They were married in the Philippines (1991)
*The wife is the u.s. citizen and my fiance is the alien (cr1) and got naturalized
*My fiance is a dual citizen but his wife is a u.s. citizen

 

Do they (USEM & CFO) have legal reasons for not allowing me to acquire k1 visa because of these facts?

 

Thanks for the reply in advance.
Shayne

You are worrying too much.   Really ~

 

The embassy wants a CENOMAR from PSA.. if your fiance recorded his previous marriage in the Philippines PSA will issue a Certificate of Marriage (CEMAR) ... you have copies of his divorce decree from the USA so all is good there.  It does NOT matter if the divorce is or is not recognized in the Philippines.    Get the CENOMAR and have it sent to the embassy with a copy of the 221g requesting the CENOMAR... done.

 

Once the embassy has what is requested they will complete the processing of your visa application.   It is that simple.

 

As for CFO they will want a copy of your fiance's divorce decree... nothing too exciting there either.

 

Relax.  Provide what is requested by the embassy.... then be patient.  

Edited May 14, 2017 by Sagot

[Greenbaum 12,260]

Sagot is right on. 

[Thinker 0]

1 hour ago, Sagot said:

You are worrying too much.   Really ~

 

The embassy wants a CENOMAR from PSA.. if your fiance recorded his previous marriage in the Philippines PSA will issue a Certificate of Marriage (CEMAR) ... you have copies of his divorce decree from the USA so all is good there.  It does NOT matter if the divorce is or is not recognized in the Philippines.    Get the CENOMAR and have it sent to the embassy with a copy of the 221g requesting the CENOMAR... done.

 

Once the embassy has what is requested they will complete the processing of your visa application.   It is that simple.

 

As for CFO they will want a copy of your fiance's divorce decree... nothing too exciting there either.

 

Relax.  Provide what is requested by the embassy.... then be patient.  

(Big sigh) Thank you so much. That's what my fiance said, too. I'm just holding of the little doubt about him being a dual citizen because if you are a Filipino citizen then you are under the Philippine law, if he's married here, he can't marry me (logically thinking on why they asked his CENOMAR) am I right? That's contrast of him being an American citizen, divorced, can petition a fiance and marry me in the U.S.

 

One more thing that adds pressure is that my medical exam will expire on June 21. Will they prolong the process so that I will redo my medical exam? 

 

Those are the things bothering me. But I'll set an appointment at CFO now so that if everything's ready, at least I have done the seminar.

 

He'll come home on the 1st of June, our child have her CRBA and u.s. Passport too, they'll just be waiting for me. Hopefully everything goes well. 

[Thinker 0]

1 hour ago, Greenbaum said:

Sagot is right on. 

Thank you.. It's a relief, my questions were answered. My sleepless nights are over. I'll just wait for the process. I'll post update hope everything goes well.

[Sagot 1,548]

1 hour ago, Thinker said:

(Big sigh) Thank you so much. That's what my fiance said, too. I'm just holding of the little doubt about him being a dual citizen because if you are a Filipino citizen then you are under the Philippine law, if he's married here, he can't marry me (logically thinking on why they asked his CENOMAR) am I right? That's contrast of him being an American citizen, divorced, can petition a fiance and marry me in the U.S.

 

One more thing that adds pressure is that my medical exam will expire on June 21. Will they prolong the process so that I will redo my medical exam? 

 

Those are the things bothering me. But I'll set an appointment at CFO now so that if everything's ready, at least I have done the seminar.

 

He'll come home on the 1st of June, our child have her CRBA and u.s. Passport too, they'll just be waiting for me. Hopefully everything goes well. 

Visa process is a U.S. visa process... as long as he is free to marry in the USA there are no issues.  Philippines not recognizing divorces has zero impact on the visa process.

 

The embassy asks for a CENOMAR for all petitioners that were, or are Filipino.

 

It is true that you currently could not get married in the Philippines, but for the rest of the world... no issue.

 

You did your medical in January, yes that could, potentially, require a new medical.. potentially.   Embassy may contact you as they near the ISSUED stage to confirm if you can clear POE before the expiration.. I know of one other where they did this, it was a few years ago.

 

You ran the whole routine, tossing CRBA into the mix.  Does your child have a Philippine passport also?  (I am hoping you say yes)

Edited May 14, 2017 by Sagot

[Thinker 0]

22 minutes ago, Sagot said:

You did your medical in January, yes that could, potentially, require a new medical.. potentially.   Embassy may contact you as they near the ISSUED stage to confirm if you can clear POE before the expiration.. I know of one other where they did this, it was a few years ago.

So the possibility of flying out of the country before the expiration is 50/50? I was so disappointed with St. Luke's because they never told me what to do next. I took my medical exam Dec 20, 2016 then told me to undergo sputum test and wait for 8 weeks, then after the 8 weeks of waiting I thought I'm done with the exam but they told me to undergo a personal evaluation and psychological test because of the scar in my left wrist and they couldn't tell me the result unless I'm done with the procedure. My thought was, they should've told me earlier. Grrr, I could've done the PEP while waiting for the sputum culture. That's why it took long. I just had my vaccination on April 25th

22 minutes ago, Sagot said:

You ran the whole routine, tossing CRBA into the mix.  Does your child have a Philippine passport also?  (I am hoping you say yes)

Yes, I gave birth last Oct 12, 2016 and filed the CRBA on Dec and scheduled it during my sputum test days at that time my fiance is here so it was a smooth sail. Received the Certificate and U.S. Passport after a month.

 

No, I have not applied for her Philippine passport, is it necessary? Did I miss something on the process?

[Sagot 1,548]

2 hours ago, Thinker said:

So the possibility of flying out of the country before the expiration is 50/50? I was so disappointed with St. Luke's because they never told me what to do next. I took my medical exam Dec 20, 2016 then told me to undergo sputum test and wait for 8 weeks, then after the 8 weeks of waiting I thought I'm done with the exam but they told me to undergo a personal evaluation and psychological test because of the scar in my left wrist and they couldn't tell me the result unless I'm done with the procedure. My thought was, they should've told me earlier. Grrr, I could've done the PEP while waiting for the sputum culture. That's why it took long. I just had my vaccination on April 25th

Yes, I gave birth last Oct 12, 2016 and filed the CRBA on Dec and scheduled it during my sputum test days at that time my fiance is here so it was a smooth sail. Received the Certificate and U.S. Passport after a month.

 

No, I have not applied for her Philippine passport, is it necessary? Did I miss something on the process?

Yes you missed something.  With only the U.S. passport your daughter will need an ECC certificate from the Bureau of Immigration.  Having the Philippine passport also would avoid the ECC issue, and fees.

 

http://www.immigration.gov.ph/faqs/emigration-clearance-certificate-ecc

 

http://www.immigration.gov.ph/images/FORMS/ECC/BI FORM 2015-08-001 Rev 0 ECC Application Form.pdf

 

http://www.immigration.gov.ph/index.php/news/press-release/109-april2015-pr/772-foreign-nationals-should-secure-ecc-before-leaving-bi

Edited May 14, 2017 by Sagot