Cenomar

[Krystelso 0]

Why they ask for cenomar if you are already married

[payxibka 10,047]

verification.  but you would give CEMAR

[Krystelso 0]

Why do they need it for my daughters petition. I accompanied her this morning in her interview. I was married to her father but i divorced him when in the us, i got married and my new filipino husband petition me and my daughter. I got my gc last july. And when we came for my daughters interview, they asked for my cenomar and my new husband cenomar too. The copy of my divorce was submitted to them before, and now they're asking for cenomar. Im nervous that she will be denied bec of my prior marriage to her father. Pls help

[pushbrk 13,119]

Just give them what they want.  However, if you were married to the child's father WHEN she was born, he has parental rights and must give consent for her to immigrate to the US.

[Krystelso 0]

5 minutes ago, pushbrk said:

Just give them what they want.  However, if you were married to the child's father WHEN she was born, he has parental rights and must give consent for her to immigrate to the US.

Or they will revoke my gc bec of that, is that possible? How long does AP usually takes? He gave consent, anyway he has a new family now and kids... he abandoned us thats why i went to US. I feel bad to leave my daughter again. 

[pushbrk 13,119]

2 minutes ago, Krystelso said:

Or they will revoke my gc bec of that, is that possible? How long does AP usually takes? He gave consent, anyway he has a new family now and kids... he abandoned us thats why i went to US. I feel bad to leave my daughter again. 

All I said was he needs to give consent.  That would be a formal letter giving consent.  None of that has to do with YOUR green card unless you lied about the previous marriage or anything else material to their decision about your visa.

Edited April 3, 2018 by pushbrk

[Krystelso 0]

16 minutes ago, pushbrk said:

All I said was he needs to give consent.  That would be a formal letter giving consent.  None of that has to do with YOUR green card unless you lied about the previous marriage or anything else material to their decision about your visa.

Yeah thats what i have, a consent to travel signed by him and it was notarized. I actually told the consul that i got married to her father and got a divorce.... but technically im still married to him, i dont know if that divorce paper is enough for me to marry in the us. And if so, im thinking it will affect my daughters petition...😩 im getting so paranoid

[pushbrk 13,119]

20 minutes ago, Krystelso said:

Yeah thats what i have, a consent to travel signed by him and it was notarized. I actually told the consul that i got married to her father and got a divorce.... but technically im still married to him, i dont know if that divorce paper is enough for me to marry in the us. And if so, im thinking it will affect my daughters petition...😩 im getting so paranoid

Please correct me if I'm wrong, but first you married the father of your child in the Philippines.  You are also Filipino.  You later divorced your first husband, married a second husband and have a green card based on the second marriage.  

 

If that is correct, it doesn't matter to the US Government whether the PSA recognizes your divorce or not.  The US Government DOES recognize it and has determined your current marriage is legal and bona fide.  Your CEMAR will show a marriage that occured before the date of your divorce from that same person.  As long as that is all it shows and you haven't lied, then as far as the US Government is concerned, you are NOT still married to the father of your child, no matter what the PSA documents say.

[Krystelso 0]

Yes thats right... ☺

[nelmagriffin 152]

Greetings!

Please correct me as well. I am still confused! First,you said that your marriage in the Philippines was never annuled. How did you get the CENOMAR (Certificate of NO Marriage) that you submitted to the USCIS and in the Embassy in Manila during your interview? You stated in your other post that your marriage was never annuled because it takes a long time and it is expensive which is very true. Then, you said you got remarried to a Filipino who is now a US Citizen who petitioned you? Is this correct? So, how does this thing happen? What confuses me is that, if your marriage was not annulled in the Philippines, so meaning when you had your CR1 interview you are still married. You also mentioned that you had your divorce decree submitted during the application? Was the production of the divorce decree done while you are already in the USA? Because the only way you can get your CENOMAR with annotation is that if you submitted one of the important requirement which is an annulment decree/ Certificate of Finality/. Or may submit Marriage Certificate with Annotation as well.

Also, in the Philippines. Most of the company if a birth certificate is needed they always accept a copy from Local Civil Registry. This is the one that most people keep until a security paper is needed for ex. when you apply for visa, passport etc. (that is very specific and only accepts birth certificates printed NSO/PSA Security paper.) The transition before from the local registry to PSA office was slow and many times they could not even find your document. Which is a big hassle. Like when I applied for a birth certificate at NSO before, I rcvd. A negative certification of birth. (NSO has no record of my birth certificate) and the only way that I can produce a certificate printed on NSO Security paper is that I filed for endorsement. It simply forwarding this document along with the local civil registry verification. PSA will digitally input this to their system and when you ask next time they will have a record and may print it right away. It is a copy of your birth certificate from the local civil registry only this time it is printed on a security paper. There are also many cases that the names that one uses was based upon the birth certificate from the local civil registry and when the time comes that they needed a birth certificate that is printed on PSA Security paper, either they discovered that they have no records, and in many cases some names are misspelled, some have additional names Ma. Or Maria Before their names and others even have only Baby as their names. “Like Baby Jack for example”. And only Baby is printed. So, one must file for correction of errors etc. though PSA. Some even have no record of their marriage.

So, others will take advantage of this situation.

Anyways, It does not make any sense at all for a person to accept that her marriage was never annulled and yet was able to produce a CENOMAR (I am assuming that it is clear) because this is the only of way of why her visa was approved. Otherwise, A miracle happen! and if we based it upon Article 26? How did she secure a divorce decree to a Filipino Spouse since she is only a green card holder?

Are you familiar with  Philippine Article 26 of Family Code? Or Article 15 Civil Code? I included this because the OP is not a citizen yet so, How did she manage to get a divorce?

link/:reference:  http://philfaqs.com/marriage-nationality-and-divorce/

 

There’s No Divorce For a Filipino Citizen, Anywhere

Once a couple marries they can not be divorced in the Philippines.  The Family Code does not allow it.

(A notable exception, if the marriage falls under Sharia (Muslim) law, there may be a legal (recognized by the NSO (now called the PSA)) divorce alternative available.  This is way out of my area of expertise.  Those of you of the Islamic faith or married to one of the Islamic faith, must seek guidance from someone competent to advise under the Sharia Law).

The couple may:

• — Obtain a legal separation under Philippine law.  This can settle support, visitation, property disagreements and the like, but it is not a divorce, and neither party is free to marry again. (read this again, it is widely misunderstood!)
• — Obtain a legal annulment,  If this is granted under Philippine law the couple are then both free to remarry. (Note, this has nothing to do with annulment within the Catholic church — two separate issues)
• — Obtain a divorce outside the Philippines.  If this is done, the results under Philippine law vary depending on the citizenship of both parties and also on who files for the divorce.
  • — If both parties are citizens of another country the divorce is recognized by the Philippines
  • — If one party is Filipino and the other a non-Filipino then:
    • — If the foreigner files (is the “petitioner”) then the divorce is valid and the Filipino becomes free to re-marry.
    • — If the Filipino files and the divorce is granted then the Filipino partner is still considered married under the family code and may not re-marry within the Philippines.

     

Edited April 4, 2018 by nelmagriffin

[Krystelso 0]

@nelmagriffin 

Hi, so here's how everything happened.

When i was 16 my family applied for tourist visa. We got 10yr multiple. Then i got married when i was 20 i got pregnant and got married to the father of my baby but after a yr we separated (not legally sep). When i was 25 i went US before my visa expires. Then on my stay there i met my a filipino man and fell inlove and decided not to go home. We were bf/gf for 4yrs and we planned to get marrried. So i filed a divorce in los angeles (divorcing the father of my daughter in ph) and it was granted and got the divorce decree after 6mos. The i got married to my 4yrs bf. He is a us citizen. And after a yr of marriage he filed for a petition so i can change status. We submitted all the documents including mg divorce to my prior marriage. After 4mos i got my conditional green card (category cr1). And then he petitioned my daughter. We filed it march 20 2017, after a long wait, my daught got a mail of her interview day. So i went home again to accompany my daughter to her medical and interview. And on the interview day, they asked me question and then to my surprise the consul ask for the original copy of my cenomar and my new husband cenomar, the consul said bec we were both born in ph. I even told the consul that im still married in ph, but i have divorce papers that the US recognize (ph dont). So they took my daughters passport and told me to mail the cenomar thru 2go. I dont know what will happen next.

[NikLR 13,232]

~~moved to Philippines regional forum from IR1/CR1 process and procedures.  Topic is regionally specific.~~

[Hank_ 9,174]

8 hours ago, Krystelso said:

@nelmagriffin 

Hi, so here's how everything happened.

When i was 16 my family applied for tourist visa. We got 10yr multiple. Then i got married when i was 20 i got pregnant and got married to the father of my baby but after a yr we separated (not legally sep). When i was 25 i went US before my visa expires. Then on my stay there i met my a filipino man and fell inlove and decided not to go home. We were bf/gf for 4yrs and we planned to get marrried. So i filed a divorce in los angeles (divorcing the father of my daughter in ph) and it was granted and got the divorce decree after 6mos. The i got married to my 4yrs bf. He is a us citizen. And after a yr of marriage he filed for a petition so i can change status. We submitted all the documents including mg divorce to my prior marriage. After 4mos i got my conditional green card (category cr1). And then he petitioned my daughter. We filed it march 20 2017, after a long wait, my daught got a mail of her interview day. So i went home again to accompany my daughter to her medical and interview. And on the interview day, they asked me question and then to my surprise the consul ask for the original copy of my cenomar and my new husband cenomar, the consul said bec we were both born in ph. I even told the consul that im still married in ph, but i have divorce papers that the US recognize (ph dont). So they took my daughters passport and told me to mail the cenomar thru 2go. I dont know what will happen next.

All is good.   Just give the embassy the CENOMAR for your husband and yourself.   Of course your CENOMAR request will generate an Advisory of Marriage Certificate.. CEMAR, but you have your divorce decree for this, so all is good... don't be surprised if the embassy asks for a copy of your divorce decree again.   

 

What your provided for your visa application has no bearing on your daughter's application.   

[nelmagriffin 152]

@Krestelso:

Greetings! Well, let us just hope for the best. Trust me, I understand that no one ever dreamed of being separated/annuled /divorc,e but if respect is not there anymore then there is really no point of proceeding with the relationship as both will just suffer including the kids. I say this because I respect your decision and it is very sad that we have no divorce in the Philippines although recently they are trying to change things so it will be granted. Yes, we do have the annulment but is very expensive and you are right it is that long of a decision. Anyways, we both know that as much we wanted to preserve marriage but when we check reality, there are so many people in the Philippines that are abused and are suffering when there is really no point of continuing without respect. And because it is very expensive they have no other choice but stay married and suffer and hoping that there will be a miracle.

My best regard,

Nelma

[nelmagriffin 152]

@Krestelso:

 

I forgot that the reason of why I asked about your situation is because you enter in the USA on a tourist visa as you mentioned and when marrying in the USA they will always ask for a Marriage License, and in this process, they ask for your CENOMAR proving that you are single as a requirement. Just like if a US Citizen goes to our country and marries they will be asked to go to the US Consulate or Embassy and produce a legal capacity to marry adding to have a divorce decree papers ready. This is the only one that confuses me the most. I feel that there is something more in this situation because if I am the Consul I would be confused too, especially that you even mentioned that you are still married to the father of your kid. The first thing that will come to the consul's mind is that How did she remarry without filing an annulment? Again, how did you produce a CENOMAR? knowing that you are married? or even a marriage certificate with annotation? Because we all know that marriage in the Philippine is recognize in the USA?

Edited April 6, 2018 by nelmagriffin