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Rhose0208

My Fiance who is a Filipino Citizen was Divorced in Canada but he is now in the Philippines and his Ex-Wife is a Filipino Citizen

By Rhose0208 in K-1 Fiance(e) Visa Process & Procedures

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Rhose0208 Rookie

Rhose0208   0

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My Filipino Citizen fiance was divorced in Canada back in 2015. He was married to a Filipino Citizen and he's now residing in the Philippines.

My question is, can I file K1 visa for him?

Will US Embassy in Manila recognize the Divorce Decree from Canada?

 

I am puzzled right now because someone told me that she has a friend that was divorced in HK, got the CENOMAR (still married), attached the divorce decree from HK, processed K1 visa in the Philippines and got approved.

Some other people say that he needs an annulment first before I can file a K1 visa because Philippines does not recognize divorce between 2 Filipino Citizens.

Thank you in advance!

Edited by Rhose0208
daleguthery Explorer

daleguthery   305

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Filed: K-1 Visa Country: Philippines
 Timeline
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24 minutes ago, Rhose0208 said:

My Filipino Citizen fiance was divorced in Canada back in 2015. He was married to a Filipino Citizen and he's now residing in the Philippines.

My question is, can I file K1 visa for him?

Will US Embassy in Manila recognize the Divorce Decree from Canada?

 

I am puzzled right now because someone told me that she has a friend that was divorced in HK, got the CENOMAR (still married), attached the divorce decree from HK, processed K1 visa in the Philippines and got approved.

Some other people say that he needs an annulment first before I can file a K1 visa because Philippines does not recognize divorce between 2 Filipino Citizens.

Thank you in advance!

If he was married in the Philippines, no, the Philippines won't recognize it. They don't recognize divorce from any country. He would need to get an annulment from his wife in the Philippines. It's not cheap, and not easy to obtain. You're looking at probably P80,000 for a lawyer in the province, and close to P200,000 within the metro.

MEETING

April 7th, 2017: Met Maricel in a Facebook group created by a friend of mine.

May 17th, 2017: Flying to Manila to see Maricel for the first time.

May 18th, 2017: Met Maricel at the airport in Manila.

May 24th, 2017: Proposed to Maricel and got engaged.

May 30th, 2017: Returned to the USA from the Philippines.

January 25th, 2018: Next trip to the Philippines! Chicago-Taipei-Manila

February 6th, 2018: Return back to the US

April 9th, 2018: Next trip to the Philippines, this time to spend time with Maricel's family and bring her back to the USA!

April 18th, 2018: Departing the Philippines for the USA! POE: Chicago, Illinois

June 16th, 2018: Wedding day!

I-129F / K1 VISA APPLICATION PROCESS

June 1st, 2017: Completed and mailed the I-129f package.

June 6th, 2017: Received NOA1. Petition routed to the California Service Center

September 14th, 2017: Maricel attended her morning CFO seminar in Manila.

December 31st, 2017: Received RFE from USCIS - Needed G325a from both of us.

January 5th, 2018: Mailed back RFE reply

January 8th, 2018: California Service Center received our RFE reply.

January 23rd, 2018: Received NOA2!

February 2nd, 2018: NVC received our petition, assigned MNL case number and forwarded our petition to the US Embassy in Manila.

February 3rd, 2018: Submitted the DS-160.

February 5th, 2018: Paid embassy fee at BPI

February 12th, 2018: Medical exam at St Luke's Extension Clinic in Ermita, Manila. -PASSED

February 26th, 2018: Embassy interview in Manila at 7:10am -PASSED

March 1st, 2018: Visa in hand!

March 5th: Going back to CFO to get her sticker. -PASSED

ADJUSTMENT OF STATUS PROCESS

July 13th, 2018: Mailed I-485, I-765 and I-131 to USCIS Chicago lock box.

July 31st, 2018: AOS case accepted by USCIS, and routed to National Benefits Center for Processing.

August 14th, 2018: Received RFE for I-485, sent response.

August 24th, 2018: Biometrics appointment in St Louis, Missouri

August 30th, 2018: E-mail notice that her interview is ready to be scheduled!

March 11th, 2019: Interview day! - PASSED

March 14th, 2019: Green card has been mailed!

March 18th, 2019: Green card in hand! (Next step not until 1 year and 9 months from issue date. AKA Removal of Conditions)

REMOVAL OF CONDITIONS PROCESS

December 21,2020: Filed for Removal of Conditions I-751

January 30,2021: NOA - Nebraska Service Center - 18-month extension!

 

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geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted (edited)

As long as the divorce is recognized by the US, that is all that matters for US immigration. USEM will accept the final divorce decree, although they will still require a CENOMAR/CEMAR as well.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Rhose0208 Rookie

Rhose0208   0

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49 minutes ago, daleguthery said:

If he was married in the Philippines, no, the Philippines won't recognize it. They don't recognize divorce from any country. He would need to get an annulment from his wife in the Philippines. It's not cheap, and not easy to obtain. You're looking at probably P80,000 for a lawyer in the province, and close to P200,000 within the metro.

Yeah annulment in the philippines is so expensive and it’ll take a long time. Thank u!

32 minutes ago, geowrian said:

As long as the divorce is recognized by the US, that is all that matters for US immigration. USEM will accept the final divorce decree, although they will still require a CENOMAR/CEMAR as well.

For the CENOMAR/CEMAR, obviously he’s still married there. Can we attached the divorce decree with it? Thank u!

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
4 minutes ago, Rhose0208 said:

For the CENOMAR/CEMAR, obviously he’s still married there. Can we attached the divorce decree with it? Thank u!

Correct. They still need it, but the divorce decree is accepted by USEM to show that the marriage is dissolved under US law.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
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