Filipina married in Philippines, husband filed divorce in USA

[Grant PDX 183]

I've attempted to find information about this topic but have seen mixed messages.  Wondering if anyone has experience.

 

I'm becoming involved with a Filipina who was married to a US resident years ago in the Philippines.  The relationship fell apart almost immediately after the wedding.  The husband is in the USA and has filed for divorce, should be complete within the month.  One month from now she will be divorced in the USA, a divorce recognized everywhere in the world, except the Philippines.

I'm wondering at what point it would be possible, if we were to move forward with our relationship, to file a K-1 visa petition.  I've been to see her in the Philippines already.  I believe all K-1 criteria are met, but there are a few questions. 

1) I met her before her divorce was final.  Would that be an issue? It was within the last 2 years, but while she was still married.  I'll be going again later this year, so filing later is an option, but wondering if I were to file sooner would it be an issue that our one meeting was prior to the divorce.

2) The USA will obviously see her as single.  The Philippines will see her as married, unless she does a Recognition of Divorce, essentially a 1 year $2,000 process.  To receive a K-1 visa, would she need to have the Recognition complete?  We could wait until that's done, but obviously not waiting would have us together a year earlier.  If we don't wait the year, when she goes for the interview she will not have a CENOMAR, there is a marriage registered in the Philippines, but not termination of the marriage registered in the Philippines.  Will the US embassy look at the Philippines marriage record, the US divorce, and approve a fiance visa?

 

Thanks, in advance, for your assistance.  I've been through the K-1 process before, I have a fair amount of experience with relatively straight forward K-1 petitions, but this one is not so straight forward.

[KULtoATL 1,551]

Perhaps get her divorce or annulment out of the way before filing. A lot less hassle and headache. She will need the CENOMAR. 

 

In the meantime, visit her or go vacation elsewhere to gather more meeting and relationship evidence

[Hank_ 9,174]

15 minutes ago, Grant PDX said:

I've attempted to find information about this topic but have seen mixed messages.  Wondering if anyone has experience.

 

I'm becoming involved with a Filipina who was married to a US resident years ago in the Philippines.  The relationship fell apart almost immediately after the wedding.  The husband is in the USA and has filed for divorce, should be complete within the month.  One month from now she will be divorced in the USA, a divorce recognized everywhere in the world, except the Philippines.

I'm wondering at what point it would be possible, if we were to move forward with our relationship, to file a K-1 visa petition.  I've been to see her in the Philippines already.  I believe all K-1 criteria are met, but there are a few questions. 

1) I met her before her divorce was final.  Would that be an issue? It was within the last 2 years, but while she was still married.  I'll be going again later this year, so filing later is an option, but wondering if I were to file sooner would it be an issue that our one meeting was prior to the divorce.

2) The USA will obviously see her as single.  The Philippines will see her as married, unless she does a Recognition of Divorce, essentially a 1 year $2,000 process.  To receive a K-1 visa, would she need to have the Recognition complete?  We could wait until that's done, but obviously not waiting would have us together a year earlier.  If we don't wait the year, when she goes for the interview she will not have a CENOMAR, there is a marriage registered in the Philippines, but not termination of the marriage registered in the Philippines.  Will the US embassy look at the Philippines marriage record, the US divorce, and approve a fiance visa?

 

Thanks, in advance, for your assistance.  I've been through the K-1 process before, I have a fair amount of experience with relatively straight forward K-1 petitions, but this one is not so straight forward.

When can you file the I-129F?  After you are both free to marry (which means once your fiancee has the final divorce decree) + plus have met in person within the past two years.    You have been there and met - keep all your boarding passes, etc. for evidence. so you have that handled.  The divorce will be final in another month so you so ... there is your answer.  In another month.

 

1) Nope not an issue that you met before the divorce was final.  

 

2)  Nope don't need the divorce recognition process from the Philippines, the USA recognized divorce and you are chasing a U.S. visa.   All is good

 

It is fine that she has a CEMAR from PSA instead of a CENOMAR, she will have copies of her final divorce decree so that base is covered.  Many before you have done this, and I have yet to see one have an issue.

 

There is info on the K-1 process from my signature below.  The process does change over time.

 

 

[Grant PDX 183]

I guess one other question then.  If everything goes forward, life is good, the process moves on, K-1, marriage, AOS, ROC, citizenship, some years from now she wants to have our marriage registered in the Philippines.. will the Recognition of Divorce be required prior to that?

[RO_AH 1,659]

3 hours ago, Grant PDX said:

I guess one other question then.  If everything goes forward, life is good, the process moves on, K-1, marriage, AOS, ROC, citizenship, some years from now she wants to have our marriage registered in the Philippines.. will the Recognition of Divorce be required prior to that?

Simple answer, yes