HELP PLEASE Visa denied

[geowrian 22,337]

5 hours ago, Hank_ said:

Divorce in a foreign country is recognized by the Philippines, after a court process.

Correct (used to be more limited, though, as I know you are aware). I meant divorce within PI.

Edited October 2, 2018 by geowrian

[Hank_ 9,174]

3 hours ago, geowrian said:

Correct (used to be more limited, though, as I know you are aware). I meant divorce within PI.

Yes.   Now for the government get divorce on the books for the Philippines.    

[John & Rose 7,239]

How did she get a CENOMAR for the second and third marriages?  I am really surprised that PSA issued a CENOMAR when the first marriage was technically still legal and active.

[geowrian 22,337]

7 minutes ago, John & Rose said:

How did she get a CENOMAR for the second and third marriages?  I am really surprised that PSA issued a CENOMAR when the first marriage was technically still legal and active.

Declaration of Presumptive death for husband #1. Death certificate for husband #2.

She would have been issued a CEMAR, but those other documents would show the marriage terminated (at least in PI...not so in the US since they had records of husband #1 living).

[bigred6ft4 8]

Hello all just a update

To fix this we need to do a annulment in the Philippines then it will be over it will take a while but so be it. Thanks for all the comments and thoughts It will take about a year for the annulment and another year for the I-129f and of course some cash but god is good and there is no timeline when you love someone. So the process will start soon🙂

[John & Rose 7,239]

20 minutes ago, geowrian said:

Declaration of Presumptive death for husband #1. Death certificate for husband #2.

She would have been issued a CEMAR, but those other documents would show the marriage terminated (at least in PI...not so in the US since they had records of husband #1 living).

So from the outside looking in...she is still legally married to husband one.  Marriage 2 is null and void due to 1st marriage.  Immigration needs marriage a legal end to both marriages before a fiancee or spousal visa can be issued.  Options are divorce from husband 1 or annulment from husband 1 and then deal with marriage 2 to show it was legally ended and after that it is possible to file for a new fiancee/spousal visa.  

 

Wow.  This is tricky but not impossible.  It will probably take a few years to sort out since the second marriage legally never took place.  Actually, that may help a little.  Just deal with marriage 1 and then have marriage 2 declared null and void.

[Hank_ 9,174]

35 minutes ago, John & Rose said:

So from the outside looking in...she is still legally married to husband one except in the Phils .. Presumptive death.  Marriage 2 is null and void due to 1st marriage      >> husband's death.  Immigration needs marriage a legal end to both marriages before a fiancee or spousal visa can be issued.  Options are divorce from husband 1 or annulment from husband 1 and then deal with marriage 2  husband died.  to show it was legally ended and after that it is possible to file for a new fiancee/spousal visa.  

 

Wow.  This is tricky but not impossible.  It will probably take a few years to sort out since the second marriage legally never took place.  2nd marriage was legal .. in the Philippines.  Actually, that may help a little.  Just deal with marriage 1 and then have marriage 2 declared null and void.  husband is dead   

Divorce or annulment of 1st marriage is all that is needed.    

[John & Rose 7,239]

49 minutes ago, Hank_ said:

Divorce or annulment of 1st marriage is all that is needed.    

That isn't so bad.  It takes a little time and a bunch of money but that puts the OP back into a more normal situation that is faced there everyday.  

[Cyberfx1024 7,980]

2 hours ago, bigred6ft4 said:

Hello all just a update

To fix this we need to do a annulment in the Philippines then it will be over it will take a while but so be it. Thanks for all the comments and thoughts It will take about a year for the annulment and another year for the I-129f and of course some cash but god is good and there is no timeline when you love someone. So the process will start soon🙂

You can do a divorce in the USA or annulment in the Philippines. Personally I would do a divorce in the USA ASAP as long as the 1st husband knows about it and is willing to sign off on it. 

[David & Diana R 1,005]

On 10/1/2018 at 10:29 AM, bigred6ft4 said:

Oh and i did not think the first marriage was going to be a issue because the Philippine courts did allow her to Marry the second husband go figure

Philippine courts, schmillipine courts.  The guys still alive.  I don't understand your confusion.  I'd be willing to bet 1000 pesos that she had a fixer take care of this situation and this is the result.

[John & Rose 7,239]

1 hour ago, David & Zoila said:

Philippine courts, schmillipine courts.  The guys still alive.  I don't understand your confusion.  I'd be willing to bet 1000 pesos that she had a fixer take care of this situation and this is the result.

No doubt.  The problem with fixers is that eventually the truth comes out.  Now the annulment will cost at least $5000 and take 18 months just to get them ready to file and spend another year waiting...I hope they find the guy in the US for a divorce.  It may cost more but it will be quicker!

[aratamorne 165]

So I also want to know about the kids...... are you planning to bring her kids to the US with her?  The first child was from the 1st husband, who is a US citizen, which makes the child a US citizen.  Was a CRBA issued?  If no CRBA, I have no idea how the embassy will treat issuing the K2 when the child is technically a US citizen....  they would deny the K2 and in order for the kid to travel they would need a CRBA and a US passport.  The father's consent will be needed to even issue a US passport, no way around that unless a US court grants the mother full legal custody.  Dept of State isn't going to allow a Philippine court to decide that one in my opinion.

 

And how do you get an annulment for someone already presumed dead????  

 

Good luck is all I can say.

[Boiler 45,525]

4 minutes ago, aratamorne said:

So I also want to know about the kids...... are you planning to bring her kids to the US with her?  The first child was from the 1st husband, who is a US citizen, which makes the child a US citizen.  Was a CRBA issued?  If no CRBA, I have no idea how the embassy will treat issuing the K2 when the child is technically a US citizen....  they would deny the K2 and in order for the kid to travel they would need a CRBA and a US passport.  The father's consent will be needed to even issue a US passport, no way around that unless a US court grants the mother full legal custody.  Dept of State isn't going to allow a Philippine court to decide that one in my opinion.

 

And how do you get an annulment for someone already presumed dead????  

 

Good luck is all I can say.

USC's would not get a visa, they are not eligible for one. USC's must enter the US with their US passport.

[geowrian 22,337]

19 minutes ago, aratamorne said:

So I also want to know about the kids...... are you planning to bring her kids to the US with her?  The first child was from the 1st husband, who is a US citizen, which makes the child a US citizen.

Yes, assuming the USC met the requirements to pass citizenship to a child at birth.

 

19 minutes ago, aratamorne said:

The father's consent will be needed to even issue a US passport, no way around that unless a US court grants the mother full legal custody.

The father has not been in the picture for how long? I wouldn't be surprised if she already has full legal custody (unless/until the father challenges it).

 

19 minutes ago, aratamorne said:

And how do you get an annulment for someone already presumed dead???? 

Show evidence that the presumptive death was inaccurate, then proceed normally.

Now if the OP provided false information or documents to the court when they made that decision...then this gets really complicated. Otherwise, it's just new information showing that the previous ruling was incorrect but approached in good faith.

[Hank_ 9,174]

3 hours ago, aratamorne said:

So I also want to know about the kids...... are you planning to bring her kids to the US with her?  The first child was from the 1st husband, who is a US citizen, which makes the child a US citizen.  Was a CRBA issued?  If no CRBA, I have no idea how the embassy will treat issuing the K2 when the child is technically a US citizen....  they would deny the K2 and in order for the kid to travel they would need a CRBA and a US passport.  The father's consent will be needed to even issue a US passport, no way around that unless a US court grants the mother full legal custody.  Dept of State isn't going to allow a Philippine court to decide that one in my opinion.

 

And how do you get an annulment for someone already presumed dead????  

 

Good luck is all I can say.

There are many children in the Philippines with foreign fathers, but they are not dual citizens ...  Lots of fathers do not complete CRBA or even lay claim to those kids.

 

The Child  - potentially is a USC, but that would only happen if the biological father completed the CRBA process.     Next question to ponder is - Was the USC father listed on the birth certificate?   And we can pretty much bet money that if he was listed, he didn't sign the birth certificate.   And if he wasn't listed on the BC then the USC question is totally off the table.   

 

If the USC father was listed, and he didn't complete CRBA there will be a bunch of hoops that will need to be jumped through to confirm that CRBA can not be completed,  before the embassy allow the child to receive a K2 visa.

 

CRBA and U.S. passport are just smoke in this situation is my belief

Edited October 6, 2018 by Hank_