Fiancee just got Denied

[geowrian 22,337]

Just now, VanDerFran said:

Divorce in the Philippines is not possible, yes annulment can be done with another country divorce decree, but it is costly and if she can't get visa to get here, it makes matters worse.

This is incorrect on 2 points:

1) Divorce is possible in the Philipppines in very specific circumstances (involving a marriage and divorce via Sharia court).

2) As stated, you can get a divorce outside the Philippines. If the marriage was between a Filipino national and non-Filipino national, then said divorce can be used in court to declare the Filipino eligible to remarry (as will be noted on their annotated CEMAR).

Note that either side can initiate the divorce now (it used to have been required for the non-Filipino to initiate the divorce to have it recognized within the Philippines).

 

Annulment is another option, although much more expensive and takes far longer in most cases (1-2 years average, 6 months under the best circumstances).

[POA 178]

7 minutes ago, VanDerFran said:

Divorce in the Philippines is not possible, yes annulment can be done with another country divorce decree, but it is costly and if she can't get visa to get here, it makes matters worse.

That is correct. Divorce is not possible in the PH but it is in the US that the USC can file. Philippines will recognize it via court process as the other VJ member mentioned.  

 

Here.. I just found an update. http://news.abs-cbn.com/news/04/24/18/supreme-court-says-foreign-divorce-valid-in-ph

Edited June 6, 2018 by POA

[David & Diana R 1,005]

On 6/4/2018 at 3:53 PM, WokTheDog said:

I just talked with my Fiancee, she just had her interview (daughter was there too) and the guy that was interviewing was very judgmental and rude.   He accused her in the end of just wanting to come to the USA to get VISA.  Based on that he said he DENIES her.   She also said he was focusing on a picture Me, her, and a few of her friends at the local disco club.   Kept saying what is this?   Like you shouldn't be in a bar or something.  Basically we all went out because I wanted to meet her friends.  He said I also only came once which he said was a problem, even though we talk everyday since December 2016 on Whatsapp.   I had work obligations that kept me from going a second time.  He also said the age difference was to great (her 26 and me 57).   I don't typically date young girls, but what attracted me to her was her humor and maturity.   I love her child too.  We hit it off immediately.    He told her she will need me to fly back and marry her in the Philippines, then refile as married for a visa.   The thing that really gets me is how rude she said the guy was (in front of her child too).   I never thought they would judge us on how they felt, but more if we satisfied all the criteria.   I'm very disappointed, because I'm thinking This whole thing could take another year, since the K1 took almost a year.   Any thoughts?  

 

Bob

I was 55 and my Filipina was 19 when we got married in the Philippines.  That was not cause for rejection.  In your case there must have been several items that didn't sit well with the CO and he/she was not convinced that the two/three of you had a genuine relationship.  You say the CO told her she needed you to come back and marry her...if that isn't advice I don't know what is.

[janet3 1,170]

3 hours ago, WokTheDog said:

I met her through a friend of mine on Facebook.   We shared some stories, had a few laughs.   I talked to her everyday for 7 months, then visited her for 3 weeks.   What originally attracted me to her, was her relationship with her daughter.   She always put her as her number 1 priority in life.   You could see the love.    Both are funny, so I immediately was interested in meeting.   When I visited, her daughter was first a little hesitant about me, but it didn't take long for us to get along well together.   I know they both love me and it is not fake.   I love the both of them as well.   It just saddens me It will take me over a year to possibly have them arrive if all things go well.   I will try and visit at least two more times.   Probably end up marrying her and file a CR-1.   

 

She didn't go to high school, but is very smart about life and is very mature for her age.   I don't care that she doesn't have a college degree or that she may not have perfect English, I still love her.   My previous marriage was also to a filipina, but things just never worked out.  

 

 

 

What exactly were the questions asked during the interview? How old is the daughter? How many other children does she have? How many children do you have? Has your family met her's?

[WokTheDog 17]

2 hours ago, janet3 said:

What exactly were the questions asked during the interview? How old is the daughter? How many other children does she have? How many children do you have? Has your family met her's?

first thing he said, is raise your left hand, she was saying shouldn't it be my right hand?    weird

What things do you like about your Fiance?

What things don't you like about your Fiance?

Do you have any photo's?

 

My future step daughter is 4yrs old, soon to be 5.   she only has 1 child, I don't have any children.  My family has talked to her on Whatsapp.

[WokTheDog 17]

3 hours ago, David & Zoila said:

I was 55 and my Filipina was 19 when we got married in the Philippines.  That was not cause for rejection.  In your case there must have been several items that didn't sit well with the CO and he/she was not convinced that the two/three of you had a genuine relationship.  You say the CO told her she needed you to come back and marry her...if that isn't advice I don't know what is.

well he also said I was too old for her, so if you are going to take his advice I shouldn't marry her.   by the way, there was a lady that was interviewing with the same officer before my fiancee and my fiancee later saw her as she was leaving the hotel.   She said she got denied too.   she was devastated.  

 

I made a mistake by not going to the interview.  I think it would have made a huge difference.  

[WokTheDog 17]

4 hours ago, geowrian said:

That is one option. However, I would personally advise getting married. If they were to deny it again (it's an extra hurdle with a prior refusal due to not having a bona fide relationship IMO), the petition would be sent back and you can contest it at that time so that USCIS reaffirms it. If you do another K-1, you may end up back in the same position sometime next year.

If you want to get married, I suggest getting married.

But it is your call...just know that it may be setting you up for a repeat of history.

I really can't see how that can make a difference if I get married there as opposed to the US.   If I was going to marry her there, I would probably live there.   i don't want to marry until she is approved.   At this point in my life, I really don't want to live there.   My mother is in her early 90's and I don't want to move away from her, since I have responsibility to help take care of her, since she has dementia.   I truly believe if I do this K1 again, I can get it right in their eyes.   I plan on visiting my fiance in July/August, then again for the interview in Manila.    I know everyone is suggesting doing the CR-1, but I hate waiting that long to be with my future wife.   

 

[Scandi 4,166]

55 minutes ago, WokTheDog said:

I really can't see how that can make a difference if I get married there as opposed to the US.   If I was going to marry her there, I would probably live there.   i don't want to marry until she is approved.   At this point in my life, I really don't want to live there.   My mother is in her early 90's and I don't want to move away from her, since I have responsibility to help take care of her, since she has dementia.   I truly believe if I do this K1 again, I can get it right in their eyes.   I plan on visiting my fiance in July/August, then again for the interview in Manila.    I know everyone is suggesting doing the CR-1, but I hate waiting that long to be with my future wife.   

 

The processing times aren't that different between the K-1 and the CR-1 anymore. K-1 has slowed down a lot.

 

The only upside to the K-1 was that it was faster, which it really isn't anymore (not by much anyway). The CR-1 is by far the superior visa of the two.

[Rocko20 159]

Based on the original poster’s comments, it seems it was a combination of the age gap, young child by the beneficiary, and prior divorce by the petitioner that gave the CO pause 

 

It just seems like the CR1 would be the next logical step especially when both have the same processing timeframe 

 

[VanDerFran 10]

Anyone knows if a K3/k4 still an option ?

[Jojo92122 1,924]

12 minutes ago, VanDerFran said:

Anyone knows if a K3/k4 still an option ?

It's not a good option since it requires filing for the CR-1.  Once the CR-1 reaches the NVC, the K-3 would be administratively closed and the beneficiary would need to pursue the CR-1.

[geowrian 22,337]

7 hours ago, WokTheDog said:

I really can't see how that can make a difference if I get married there as opposed to the US.   If I was going to marry her there, I would probably live there.   i don't want to marry until she is approved.   At this point in my life, I really don't want to live there.   My mother is in her early 90's and I don't want to move away from her, since I have responsibility to help take care of her, since she has dementia.   I truly believe if I do this K1 again, I can get it right in their eyes.   I plan on visiting my fiance in July/August, then again for the interview in Manila.    I know everyone is suggesting doing the CR-1, but I hate waiting that long to be with my future wife.  

The CR-1 (spousal) visa would offer the best chance at ultimately being approved, hence why I suggest it. You've already waited the better part of a year. You would need to wait the better part of a year again for another K-1 attempt. The CR-1 is only a few months longer and provides more protections in case of a refusal. I'm just looking at the big picture...pay a little more now (in time only, the CR-1 is half as much financially!) but get a better result.

 

But if your mind is set to live with her the moment you marry and aren't able to leave the US yet, then that's your prerogative and priorities.

Best wishes.

 

20 minutes ago, VanDerFran said:

Anyone knows if a K3/k4 still an option ?

Not a viable one. Only 29 were issued all last fiscal year, of which 59% of K-3 visa applications were refused at the embassy stage (that's a very high refusal rate for reference). That's assuming the I-129F gets through USCIS and isn't closed at NVC, as is SOP.

[javadown2 308]

8 hours ago, WokTheDog said:

I really can't see how that can make a difference if I get married there as opposed to the US.   If I was going to marry her there, I would probably live there.   i don't want to marry until she is approved.   At this point in my life, I really don't want to live there.   My mother is in her early 90's and I don't want to move away from her, since I have responsibility to help take care of her, since she has dementia.   I truly believe if I do this K1 again, I can get it right in their eyes.   I plan on visiting my fiance in July/August, then again for the interview in Manila.    I know everyone is suggesting doing the CR-1, but I hate waiting that long to be with my future wife.   

 

I say try it again and be their for the interview, but you may want to try and find out the real reason it got denied....because it is pretty rare to get a denial in the Philippines. From what you've said/posted I don't see any really bad red flags...and you said he denied the lady before her? Maybe this was a case of the CO having a bad day, but that is pretty lame because his bad days can have really bad consequences on other peoples lives for more then just a day! 

 

As a second option you still might want to consider the CR-1....it really isn't that much longer right now...it's just a thought. Either way keep trying.

Edited June 6, 2018 by javadown2

[WokTheDog 17]

On 6/5/2018 at 6:39 AM, Russ&Caro said:

Is this the first time your fiancee has filed for immigration benefits?

Yes, the first time.

[WokTheDog 17]

10 hours ago, Scandi said:

The processing times aren't that different between the K-1 and the CR-1 anymore. K-1 has slowed down a lot.

 

The only upside to the K-1 was that it was faster, which it really isn't anymore (not by much anyway). The CR-1 is by far the superior visa of the two.

So if all this is true, why even do a K-1 at all?   Anyone just starting out down this process should just do the CR-1.