Filipina Divorced And Now Re Married To American Husband

[Ver13 0]

Hi Everyone I need your insight/advice Please Help me,

 

I'm a Filipina divorced from my Korean ex-husband in South Korea, After two years I got remarried to my Military Officer  American Husband by Proxy married in Montana Texas. I got a Marriage Contract and License  Legally registered in Montana Texas. But I was never been in the US because its a proxy marriage we did it when we were both living in South Korea. I also got my dependent military ID card and I'm also in all his paperwork like DD 93 Emergency Form Data death beneficiary, And Tricare Insurance., My Husband is back in the US now and I'm in the Philippines right now. We've been married for 1 year now and we are on completing paperwork for my spouse visa  CR1 requirements to file to the USCI in the states by my husband this week. But we are very worried because I can't put my  Husband and our marriage in the Philippine system yet because my previews married is not yet void, it's in the Philippine court now on processing divorce recognition and correction of marriage status, its a long process might take one to two years to be completed. My concern is I'm sure The immigration counsel will question me why I'm not using yet my American Husbands surname in all my paperwork.,  and might ask me to get a new passport using his Surname name but Right now its very impossible for me to get one  because  our marriage is not yet registered in the Philippines not yet till I get the court to void my previews marriage in the Philippine system. I'm using my Single name in all paperworks and ID's because i never used my ex husbands name before . Im sure they will also ask my Philippine Cenomar, and it still has my ex-husband name on that paperwork. Do you think all of this issue might delay or i might get deny with my  CR1 visa? even if I have enough proof that my marriage is bonified and i have my divorce paper on my hands.I read  in the internet that American law dont recognize Philippine law so as long as i have my divorce paper, am i good to go? Do you think its best and might help if we get an immigration Lawyer to process my CR1 Visa? Or just handle it without a Lawyer? I will be very grateful for all your Insight and advice. Thank You 

[Unidentified 2,930]

8 minutes ago, Ver13 said:

Hi Everyone I need your insight/advice Please Help me,

 

I'm a Filipina divorced from my Korean ex-husband in South Korea, After two years I got remarried to my Military Officer  American Husband by Proxy married in Montana Texas. I got a Marriage Contract and License  Legally registered in Montana Texas. But I was never been in the US because its a proxy marriage we did it when we were both living in South Korea. I also got my dependent military ID card and I'm also in all his paperwork like DD 93 Emergency Form Data death beneficiary, And Tricare Insurance., My Husband is back in the US now and I'm in the Philippines right now. We've been married for 1 year now and we are on completing paperwork for my spouse visa  CR1 requirements to file to the USCI in the states by my husband this week. But we are very worried because I can't put my  Husband and our marriage in the Philippine system yet because my previews married is not yet void, it's in the Philippine court now on processing divorce recognition and correction of marriage status, its a long process might take one to two years to be completed. My concern is I'm sure The immigration counsel will question me why I'm not using yet my American Husbands surname in all my paperwork.,  and might ask me to get a new passport using his Surname name but Right now its very impossible for me to get one  because  our marriage is not yet registered in the Philippines not yet till I get the court to void my previews marriage in the Philippine system. I'm using my Single name in all paperworks and ID's because i never used my ex husbands name before . Im sure they will also ask my Philippine Cenomar, and it still has my ex-husband name on that paperwork. Do you think all of this issue might delay or i might get deny with my  CR1 visa? even if I have enough proof that my marriage is bonified and i have my divorce paper on my hands.I read  in the internet that American law dont recognize Philippine law so as long as i have my divorce paper, am i good to go? Do you think its best and might help if we get an immigration Lawyer to process my CR1 Visa? Or just handle it without a Lawyer? I will be very grateful for all your Insight and advice. Thank You 

Has he visited you after you got married?

[Ver13 0]

1 minute ago, Unidentified said:

Has he visited you after you got married?

sadly NO , he wanted to visit  but his not allowed to get  a passport because of his child support issue. i tried to get a tourist visa  but i got denied,  im already married and i need to have a job and properties.  i dont have a job, he provide for me .

[Unidentified 2,930]

Just now, Ver13 said:

sadly NO , he wanted to visit  but his not allowed to get  a passport because of his child support issue. i tried to get a tourist visa  but i got denied,  im already married and i need to have a job and properties.  i dont have a job, he provide for me .

If I understand this correctly I don't think USCIS sees you as married until you guys actually meet again. 

 

Quote

(2)     Adjudication Issues     .                

 
             In addition to the more general adjudication issues discussed in subchapter 21.2, pay particular attention to these concerns pertaining specifically to spousal visa petitions:                

              (A)     Proxy Marriages     .                
     

Section 101(a)(35) of the Act provides that the term "spouse", "wife", or "husband" does not include a spouse, wife, or husband by reason of any marriage ceremony where the contracting parties thereto are not physically present together at the ceremony, unless the marriage has been consummated afterwards. (Note: Consummation of a marriage can only occur after the ceremony, there is no such thing as “pre-consummation” of a marriage.)    

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

[Unidentified 2,930]

And I'm also not sure if they're going to be okay with the whole technically still married in the Philippines thing. That's bigamy

[Ver13 0]

4 minutes ago, Unidentified said:

If I understand this correctly I don't think USCIS sees you as married until you guys actually meet again. 

 

https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-3481/0-0-0-4484.html

but after the marriage, we stayed together and live together for another month and then he fly back  to the US and i Fly back home in the Philippines.

[Ate 180]

45 minutes ago, Ver13 said:

But we are very worried because I can't put my  Husband and our marriage in the Philippine system yet because my previews married is not yet void, it's in the Philippine court now on processing divorce recognition and correction of marriage status, its a long process might take one to two years to be completed.

 

No need to be worried about this.  US immigration does not require Philippine recognition of your divorce.  What's required: your South Korean divorce record must be valid, you have an English translation, and your divorce was finalized before your marriage to your current husband.

 

55 minutes ago, Ver13 said:

My concern is I'm sure The immigration counsel will question me why I'm not using yet my American Husbands surname in all my paperwork.,  and might ask me to get a new passport using his Surname name but Right now its very impossible for me to get one  because  our marriage is not yet registered in the Philippines not yet till I get the court to void my previews marriage in the Philippine system. I'm using my Single name in all paperworks and ID's because i never used my ex husbands name before

 

US immigration officials will not question why you are using your maiden name in your passport and other paperwork.  US immigration does not require a married woman to use her husband's surname.

 

In addition, Philippine law does not require a married woman to use her husband's surname either.  Philippine law allows a married woman to change her name if she wants to, but it is not required.  Here are the details from the Philippine Commission on Women --

https://pcw.gov.ph/law/memorandum-circular-no-2016-07-allowing-married-women-retain-and-use-their-maiden-name-lieu-their-husband%E2%80%99s-surname-accordance-existing-laws-and-pertinent-jurisprudence

 

1 hour ago, Ver13 said:

Im sure they will also ask my Philippine Cenomar, and it still has my ex-husband name on that paperwork. Do you think all of this issue might delay or i might get deny with my  CR1 visa? even if I have enough proof that my marriage is bonified and i have my divorce paper on my hands.I read  in the internet that American law dont recognize Philippine law so as long as i have my divorce paper, am i good to go?

 

CENOMAR is required, if applicable.  In your case, it is not applicable.  Instead, you will be required to submit proof of termination of prior marriage.  So, submit your Philippine CEMAR showing your ex-husband's name, along with the foreign divorce record as proof of termination of that marriage.

 

1 hour ago, Ver13 said:

Do you think its best and might help if we get an immigration Lawyer to process my CR1 Visa? Or just handle it without a Lawyer?

 

It's up to you and your husband to assess if you need help from a lawyer.  But if all you're concerned about are the items you posted above, they don't seem like issues that could cause a delay or denial of your CR1 application.  Many, many divorced women (even some Filipinas!) go through the CR1 process successfully, and some of those women here on VJ have done so without help from a lawyer.

 

Good luck on your visa journey!

 

[Ver13 0]

13 minutes ago, Ate said:

 

No need to be worried about this.  US immigration does not require Philippine recognition of your divorce.  What's required: your South Korean divorce record must be valid, you have an English translation, and your divorce was finalized before your marriage to your current husband.

 

 

US immigration officials will not question why you are using your maiden name in your passport and other paperwork.  US immigration does not require a married woman to use her husband's surname.

 

In addition, Philippine law does not require a married woman to use her husband's surname either.  Philippine law allows a married woman to change her name if she wants to, but it is not required.  Here are the details from the Philippine Commission on Women --

https://pcw.gov.ph/law/memorandum-circular-no-2016-07-allowing-married-women-retain-and-use-their-maiden-name-lieu-their-husband%E2%80%99s-surname-accordance-existing-laws-and-pertinent-jurisprudence

 

 

CENOMAR is required, if applicable.  In your case, it is not applicable.  Instead, you will be required to submit proof of termination of prior marriage.  So, submit your Philippine CEMAR showing your ex-husband's name, along with the foreign divorce record as proof of termination of that marriage.

 

 

It's up to you and your husband to assess if you need help from a lawyer.  But if all you're concerned about are the items you posted above, they don't seem like issues that could cause a delay or denial of your CR1 application.  Many, many divorced women (even some Filipinas!) go through the CR1 process successfully, and some of those women here on VJ have done so without help from a lawyer.

 

Good luck on your visa journey!

 

1

Im so happy to hear this from you, thank you very much.

[NikLR 13,227]

Why did you get married by proxy when you were together? 

[Ver13 0]

3 minutes ago, NikLR said:

Why did you get married by proxy when you were together? 

he needed to leave Korea sooner than we expected and we are out of time because Korean marriage is such a long process and needed so much paperwork we know we won't be able to make it on time. So we decided to do proxy marriage, his in the military and its legal for military services to do proxy marriage .

[davidvs 328]

2 hours ago, Ver13 said:

My concern is I'm sure The immigration counsel will question me why I'm not using yet my American Husbands surname in all my paperwork.,  and might ask me to get a new passport using his Surname name but Right now its very impossible for me to get one  because  our marriage is not yet registered in the Philippines not yet till I get the court to void my previews marriage in the Philippine system. I'm using my Single name in all paperworks and ID's because i never used my ex husbands name before . 

This is the only part of your question I can address... but do not worry about this, they don't care if you use your maiden name or your husband's as long as all the paperwork matches. In fact, when my wife and I were getting married, the clerk at the license office suggested that my wife not change her name if we needed to do any immigration paperwork.

[Ate 180]

2 hours ago, Ver13 said:

he wanted to visit  but his not allowed to get  a passport because of his child support issue.

 

Now this is a cause for concern.  Do you mean that your husband applied for a passport and was denied because he owes $2,500 or more in child support payments?

 

For CR1, the USC petitioner is required to provide evidence that they are able to financially support the beneficiary after immigrating to the US.  If the US Department of State knows that your husband has child support arrears greater than $2,500, the US embassy in Manila may know about it too.  How will your husband prove that he can support you when you move to the US, if he can't even fulfill his support obligations for his own child(ren)?  This may impact the consul officer's decision on whether you will become a public charge if you are allowed to immigrate.

 

[Ver13 0]

16 minutes ago, Ate said:

 

Now this is a cause for concern.  Do you mean that your husband applied for a passport and was denied because he owes $2,500 or more in child support payments?

 

For CR1, the USC petitioner is required to provide evidence that they are able to financially support the beneficiary after immigrating to the US.  If the US Department of State knows that your husband has child support arrears greater than $2,500, the US embassy in Manila may know about it too.  How will your husband prove that he can support you when you move to the US, if he can't even fulfill his support obligations for his own child(ren)?  This may impact the consul officer's decision on whether you will become a public charge if you are allowed to immigrate.

 

 

Active US Military Services is an exemption on the minimum income requirements.His  Paying the required Child support given by Court every month, its automatic cut off on his paycheck, and every tax return he gets every year it was sent to her ex-wife to cover child support arrears. he do lyft and uber every weekend and now he just started his own business  LLC logistic. Military provide BAH and BAS and  Tricare Insurance for the Family of the  Active US military members  , so all of this will prove that he can support and provide for me when I get to the US right?!

[pushbrk 12,618]

3 hours ago, Unidentified said:

And I'm also not sure if they're going to be okay with the whole technically still married in the Philippines thing. That's bigamy

That is NOT a problem, if there is a valid divorce in Korea.  However, if they have not been together in person, since the proxy marriage took place, there is no point in doing anything until they are able to be together to "consummate" the marriage.

[Ver13 0]

25 minutes ago, pushbrk said:

That is NOT a problem, if there is a valid divorce in Korea.  However, if they have not been together in person, since the proxy marriage took place, there is no point in doing anything until they are able to be together to "consummate" the marriage.

even if we got married  February 14  2018 and stayed together until April 1 2018  its like one and haft month, we consummate the marriage already right?