Still considered married in the Philippines?

[Jkw58 0]

My fiance is a british citizen from the Philippines. She was married and divorced in the Uk. She did not keep her Philippine citizenship. She said that she is still listed as married in the Philippines. Will this prevent her from getting a k-1 visa? 

[MrMizo 144]

It's very possible..

 

But what you can do is to have her divorce Decree nisi in the UK, evidence of citizenship from the UK and  proof of denouncing citizenship in the Philippines. As long as you have solid evidence in your K1 packet you should be okay. 

 

but if you Really want to make sure contact a immigration lawyer.

[belinda63 3,038]

If she is not currently living in the Philippines it should be a none issue.

[Ate 180]

2 hours ago, Jkw58 said:

My fiance is a british citizen from the Philippines. She was married and divorced in the Uk. She did not keep her Philippine citizenship. She said that she is still listed as married in the Philippines. Will this prevent her from getting a k-1 visa? 

 

If that was her only prior marriage, a valid divorce decree from the UK will be enough evidence for US immigration that she is legally free to marry.

 

[Wuozopo 4,293]

Not the decree nisi. The final divorce  in the U.K. is Decree Absolute. It's not signed by a judge and only has a stamp of the court on it in a small circle shape at the top.

 

A few times over the years, those have gotten RFEs because the worker at USCIS did not recognize that UK divorces are not signed by a judge.  Send your photocopy highlighted in light yellow on the words in the middle which state something like "was made final on the 15th of March 2018". And again on tiny print in the footer saying "Decree Absolute". And a post-it note on it saying "This is the final divorce decree in the United Kingdom. Decrees are not signed by a judged and only receive the stamp of the court."  Others who responded to their RFE with the same thing had the RFE dropped and the document accepted.