Fiancé visa

[Mary2778 0]

Good day! I am from the Philippines and I got married here last 2007 and got divorced last 2013. I have the divorced paper from the court in the US .we are planning to get marry in the US.. Can My boyfriend apply for the K-1 visa for me? My support document are my divorced paper from the US

[Grant PDX 183]

My understanding is that yes, your boyfriend can file for a fiance visa for you.  My fiance is actually in the same situation.  She was previously married and later her husband filed for and received a divorce in the USA.  When she goes to the embassy in Manila they will request the CENOMAR which will show that she was married.  She will then show her divorce decree (a copy of which was mailed with the visa petition) and as far as the US Embassy is concerned she is legal to marry in the US.  The Philippines won't recognize that without the Recognition of Divorce, but she can be approved for a fiance visa to come to the US.

 

Best of luck.

[Mary2778 0]

4 hours ago, Grant PDX said:

My understanding is that yes, your boyfriend can file for a fiance visa for you.  My fiance is actually in the same situation.  She was previously married and later her husband filed for and received a divorce in the USA.  When she goes to the embassy in Manila they will request the CENOMAR which will show that she was married.  She will then show her divorce decree (a copy of which was mailed with the visa petition) and as far as the US Embassy is concerned she is legal to marry in the US.  The Philippines won't recognize that without the Recognition of Divorce, but she can be approved for a fiance visa to come to the US.

 

Best of luck.

Is your fiancée now in the US? 

[Grant PDX 183]

She's not.  We're still in process.  But I had previously asked a similar question and the experts assured me that it had been done many times before and addressed previously.  I anticipate, based on many others' previous experience, that it won't be an issue.

 

The visa is issued by the USA.  Her divorce was final in the USA, so they will see her as single, which is what matters.