Divorce in Hong Kong

[frivvy89 4]

Hello,

 

I have a question? My fiancé is from the Philippines and she was married there. However, she went to a lawyer in Hong Kong as she is working abroad and filed for divorce from her previous husband that she married in the Philippines. I am petitioning for her to come to the US. Can she use that divorce decree from Hong Kong for her k1 visa?

[aaron2020 11,651]

Where is she living now?  HK or PI?

[SalishSea 17,832]

I don't know the answer to this specifically, but whatever you do, don't file the I-129F petition until her divorce is completely final through the courts, including any local "waiting times" etc.  Many have had their K-1 denied due to filing too early.

[frivvy89 4]

She is living in Hong Kong presently

[frivvy89 4]

Ok, we’re waiting for that to finalize so she can send me her decree.

[Ate 180]

9 hours ago, frivvy89 said:

I have a question? My fiancé is from the Philippines and she was married there. However, she went to a lawyer in Hong Kong as she is working abroad and filed for divorce from her previous husband that she married in the Philippines. I am petitioning for her to come to the US. Can she use that divorce decree from Hong Kong for her k1 visa?

 

Your situation is similar to the thread below.  Based on the posts there, the answer to your question is yes, your fiancee can use the (finalized) divorce decree from Hong Kong for K1 visa application.  The Philippines will not recognize her divorce, but the US Embassy will.  And it is what the US Embassy says that matters for the K1 visa application.

 

Good luck!

 

 

[frivvy89 4]

Thank you for your help!

[Chris Duffy 1,257]

14 hours ago, frivvy89 said:

Thank you for your help!

You can be brought up on bigamy charges in Philippines, and so can she.  And they actually do enforce those laws in the Philippines.  

 

Do some due diligence on the subject

[Ate 180]

On 1/29/2019 at 5:47 PM, Chris Duffy said:

You can be brought up on bigamy charges in Philippines, and so can she.  And they actually do enforce those laws in the Philippines.

 

This is true, unfortunately.  Even if the US embassy will accept the Hong Kong divorce decree for K1 visa application, the Philippine government will not recognize the divorce if your fiancee was married in the Philippines to another Filipino citizen.  If you marry your fiancee in the US, your marriage will be considered bigamous in the Philippines.