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Juan John

Filed a divorce yet illegal alien

By Juan John in Off Topic

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Juan John Newbie

Juan John   0

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My wife left me to US, now staying illegally(TNT). She wanted to be and American and she wants to marry a citizen, however she's married here in PH and under PH law. However i received a Divorce letter with title JOINT PETITION FOR SUMMARY DECREE OF DIVORCE. Understood that we dont have divorce however will this action voids our marriage since we're married here and NOT in the US. Can she remarry in the US? She's not a citizen nor resident of the US, she had B1/B2 visa when she entered the US.

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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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She can divorce and re marry in the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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The US recognizes divorce so she can divorce (anywhere that permits it...including outside PH) just fine. Once divorced, she can choose to remarry. Said marriage won’t be recognized in PH (unless she qualifies to petition the court and does so) but that’s another issue altogether.

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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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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That would be an issue for the local legal system

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Juan John Newbie

Juan John   0

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She's not legal in the us but still the divorce will go through? She's not a citizen yet and still PH citizen if the divorce goes through she can remarry? Even though still she's PH citizen, does the system will ask some papers to prove that her marriage here is voided already?

Sorry for these confusion but annulment is difficult and complicated, one must against it and since she already filed a divorce and I'm going to file an annulment then we both agreed to end the marriage.

One more thing she's married under PH law and not US law, therefore legally speaking she's single under US law thus the need for a divorce is not needed.

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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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So moving countries changes your marital status? I think not.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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geowrian Grand Master

geowrian   22,337

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Filed: Lift. Cond. (pnd) Country: Philippines
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9 minutes ago, Juan John said:

She's not legal in the us but still the divorce will go through? She's not a citizen yet and still PH citizen if the divorce goes through she can remarry? Even though still she's PH citizen, does the system will ask some papers to prove that her marriage here is voided already?

Sorry for these confusion but annulment is difficult and complicated, one must against it and since she already filed a divorce and I'm going to file an annulment then we both agreed to end the marriage.

One more thing she's married under PH law and not US law, therefore legally speaking she's single under US law thus the need for a divorce is not needed.

Yes. Immigration status and marriage/divorce are separately issues (with only some overlaps).

The US doesn’t care if she is married under PH law...only under US law. The US recognizes divorce.

The US recognizes foreign marriages just fine. You don’t remarry or anything...the marriage certificate is recognized just fine.

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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TBoneTX Grand Master

TBoneTX   45,223

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Filed: Citizen (apr) Country: Ecuador
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Thread is moved from the Polls forum to Off Topic.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Cyberfx1024 Grand Master

Cyberfx1024   7,980

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Filed: Citizen (pnd) Country: Philippines
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On 3/10/2018 at 2:15 PM, Juan John said:

My wife left me to US, now staying illegally(TNT). She wanted to be and American and she wants to marry a citizen, however she's married here in PH and under PH law. However i received a Divorce letter with title JOINT PETITION FOR SUMMARY DECREE OF DIVORCE. Understood that we dont have divorce however will this action voids our marriage since we're married here and NOT in the US. Can she remarry in the US? She's not a citizen nor resident of the US, she had B1/B2 visa when she entered the US.

How did she get to the USA, under what visa?

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Boiler Grand Master

Boiler   45,434

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Filed: K-1 Visa Country: Wales
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B

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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