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Posted (edited)

Yup. So long as you are free to marry under US law, you can do a K-1 visa, or you can marry and do a CR-1 visa.

 

If she were to interview in Manila for whatever reason, they would request a CENOMAR/CEMAR, but then you would show the divorce decree at the interview to show that the past marriage was dissolved under US law.

 

Note that the past petition with a scammer that came to the US may raise scrutiny of your case.

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

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
17 hours ago, geowrian said:

Yup. So long as you are free to marry under US law, you can do a K-1 visa, or you can marry and do a CR-1 visa.

 

If she were to interview in Manila for whatever reason, they would request a CENOMAR/CEMAR, but then you would show the divorce decree at the interview to show that the past marriage was dissolved under US law.

 

Note that the past petition with a scammer that came to the US may raise scrutiny of your case.

Not that i am an attorney, but according to my attorney....... the Philippines does not recognize the divorce in any other county of one of its citizens. Annulments or whatever need to be accomplished in the PH and a clear CENOMAR has to be presented for K Visa.

Posted (edited)
12 minutes ago, LjpRch said:

Not that i am an attorney, but according to my attorney....... the Philippines does not recognize the divorce in any other county of one of its citizens. Annulments or whatever need to be accomplished in the PH and a clear CENOMAR has to be presented for K Visa.

That's half correct...

The attorney is right that the Philippines will not recognize a foreign divorce unless you go through the Philippines court system (long and expensive).

They would request the CENOMAR for the K-1 visa. The visa applicant would present the CEMAR (showing the marriage) along with the divorce decree (showing the dissolution of the marriage under US law). USEM follows US law, not Philippine law regarding the ability to remarry. A number of others on VJ have done this exact process successfully.

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

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
16 hours ago, geowrian said:

That's half correct...

The attorney is right that the Philippines will not recognize a foreign divorce unless you go through the Philippines court system (long and expensive).

They would request the CENOMAR for the K-1 visa. The visa applicant would present the CEMAR (showing the marriage) along with the divorce decree (showing the dissolution of the marriage under US law). USEM follows US law, not Philippine law regarding the ability to remarry. A number of others on VJ have done this exact process successfully.

Kool...and good to know!  :)

 
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