K1 VISA - NEED ADVICE

[W.n.W 0]

Hello,

 

My name is Wendy. And I am a Filipina who currently working in Middle East and I'm new here. I would like to seek some advice about my situation. My "ex" will file an annulment in the Philippines (We were married here in Middle East. MUSLIM MARRIAGE ) and he come up with the reasoning of "Psychological Incapacity" and "Unstable Behavior" (because of stress at work) in my part. I do understand that its usually what they file (as his attorney said its the strongest reasoning and the fastest one to process which will take 1-2 years).  But I did not agree on that yet, because I'm worried it will affect my application for K1 Visa because of that kind of reasoning. WE HAVENT APPLIED FOR K1 YET. I would like to know if it will have a negative impact on my application for K1 Visa?  Looking forward for replies. Thank You.

Edited January 18, 2018 by W.n.W

[doggieandsam 765]

Hi Wendy,

 

A major requirement for a K1 visa is that both parties must be free to marry. Even if you are undergoing the process of annulment, until that is finalized, then you are still married and therefore not free to marry another person. If you submit your k1 visa application at this time then you will be denied. In short, you have to first be annulled and have all the paperwork to back it up before you submit your petition.

 

19 minutes ago, W.n.W said:

...reasoning of "Psychological Incapacity" and "Unstable Behavior"... 

yes, i think this may affect your visa application down the line. you will be required to attend a medical before you can appear for your k1 visa interview and in that medical you will asked about any medical / mental / psychological issues and if you have this "Psychological Incapacity" and "Unstable Behavior" mark on your annulment records then you will need to disclose this. it will be up to the physician to determine at that point whether your medical will be approved or not. do you really want to risk it?

 

another common reason for annulments that seems to be used in the philippines is "irreconcilable differences". perhaps you can use that instead? or better yet, make sure you get your own attorney so that you can be advised how best your interests will be heard in the annulment process because for sure you do not want to mess it up!

[cherryblossoms916 216]

You should be annulled when you filed K1, bcos one of the requirement is both of you are legally free to marry. Or else it will cause denial if you file K1 when you are still married with your current husband.