K1 visa petition denied

[Tilia 75]

6 hours ago, ishee said:

so when he fly back here on september then he can file the petition once he came back on october

yes

[Randyandyuni 2,682]

He is fine, i believe that is unique to the Philippines, the one thing to be aware if, if he never annuls the previous marriage he can be charged with bigamy if he is there in the Philippines after you marry here, doubtful but not unheard of

Edited July 6, 2018 by Randyandyuni
Spelling

[Loren Y 2,755]

5 hours ago, geowrian said:

This is incorrect. Many other Filipinos have done exactly this route perfectly fine. One must only be free to marry within the US. If they divorced abroad, and that divorce meets the basic due process requirements to be recognized by the US, then this is acceptable to be considered free to marry for the purposes of a K-1 visa (or if they married outside the Philippines then did a CR-1/IR-1 visa).

 

The CO will request a CENOMAR. The applicant will provide a document showing their Philippine-based marriage along with the final divorce decree showing the marriage was dissolved under US law.

This will create some difficulties within the Philippines (i.e. passport name changes, not being able to register the marriage, etc.), but won't impact the US immigration process.

Just what I saw on the website. I sent them an email with a link to the incorrect information as you have said and told them to fix it, be interesting to see how that goes over, or if they even respond.

[ishee 0]

7 hours ago, Loren Y said:

If the divorce is not final under the foreign law, remarriage to a U.S. citizen is not valid for immigration purposes.   This is from USCIS under how they view marriage. I would make sure he is free to marry if still married in the Philippines.

he have already the copy if his divorce decree

[ishee 0]

8 hours ago, Neonred said:

As someone else said here, if you missed the part about having to have met in the last two years, what else did you miss.

 

I think we have an answer ....  He is not legally able to petition for you yet due to his marriage!

his divorce in US is final, he has already the copy of divorce decree

[ishee 0]

8 hours ago, Loren Y said:

If he is still married, or was still married anywhere on the face of the Earth, and you filed a K1 Visa application you should be lucky that's all they caught you for. You have to submit letters from both of you saying that you are not married ( this means anywhere) and you are free to marry within 90 days of entering the United States. If they had approved this Visa, how were you going to get married within 90 days in the United States if he is still married in the Philippines? If he was still married in the Philippines when you filed this denied K1, and you submitted letters saying you were both free to marry, you may have earned yourself a ban from the United States for lying on the first K1 you just filed. Either way, no matter what you have to both be free to marry before you file, that means he has to be divorced, or annulled or whatever on record in the Philippines. Maybe I misread the posts here, but that is what I see.

his divorce in US is final, he has already copy of the divorce decree, and he is free to marry me in US but not here in the philippines