Previous Marriage

[ReinaGonzales 0]

Hello, my fiance and I have been approved and we are ready to move on to the interview process. While I was going over some preparation checklist and came across something that might be a problem to our process.

 

I moved to the US from the Philippines as a K3 when I was 17 and got married when I was 19 years old. My passport expired so I went to the Consulate of the Philippines to renew my passport. Since my identification/documents had my married last name I had to do report the marriage to the Consulate of the Philippines. After 5 years, we had a divorce. However, I remained married in the Philippines.

 

Now, I am in the process of getting my Fiance who is from the Philippines thru Fiance Visa. Will that affect my petition? I have been divorced since June 2015. There is a part in the checklist that says:

 

"For K1,F21 spouse, and CR1/IR1 petitions: If your petitioner was born in the Philippines and lived at least one (1) year in the Philippines after the age of 18-- A Certificate of No Marriage (CENOMAR) from the PSA valid within one (1) year from the date it was obtained."

 

I was born in the Philippines, but I moved to the US when I was 17 and became a US citizen when I was 25. And never lived in the Philippines for a year after I turned 18. Do I still belong to this category of people who needed to submit a Certificate of No Marriage?

 

PLEASE ADVISE.

[Just Paul 4,595]

7 minutes ago, ReinaGonzales said:

"For K1,F21 spouse, and CR1/IR1 petitions: If your petitioner was born in the Philippines and lived at least one (1) year in the Philippines after the age of 18-- A Certificate of No Marriage (CENOMAR) from the PSA valid within one (1) year from the date it was obtained."

 

8 minutes ago, ReinaGonzales said:

I was born in the Philippines, but I moved to the US when I was 17

Ok so no need for a CENOMAR

[Pmta1 39]

You're the US petitioner, correct? if you have a valid US divorce document, that's all the US consulate needs to verify that you're free to marry. The CENOMAR is for the beneficiary. 

[Hank_ 9,174]

On 1/23/2020 at 10:27 PM, ReinaGonzales said:

Hello, my fiance and I have been approved and we are ready to move on to the interview process. While I was going over some preparation checklist and came across something that might be a problem to our process.

 

I moved to the US from the Philippines as a K3 when I was 17 and got married when I was 19 years old. My passport expired so I went to the Consulate of the Philippines to renew my passport. Since my identification/documents had my married last name I had to do report the marriage to the Consulate of the Philippines. After 5 years, we had a divorce. However, I remained married in the Philippines.

 

Now, I am in the process of getting my Fiance who is from the Philippines thru Fiance Visa. Will that affect my petition? I have been divorced since June 2015. There is a part in the checklist that says:

 

"For K1,F21 spouse, and CR1/IR1 petitions: If your petitioner was born in the Philippines and lived at least one (1) year in the Philippines after the age of 18-- A Certificate of No Marriage (CENOMAR) from the PSA valid within one (1) year from the date it was obtained."

 

I was born in the Philippines, but I moved to the US when I was 17 and became a US citizen when I was 25. And never lived in the Philippines for a year after I turned 18. Do I still belong to this category of people who needed to submit a Certificate of No Marriage?

 

PLEASE ADVISE.

 

If did not live in the Philippines for one (1) years from the age of 18 (and onward) then no a CENOMAR is not required.    You did include a copy of your divorce decree with the I-129F so you should be fine.

 

"A CENOMAR is also required for a petitioner who was born in the Philippines and lived in the country for at least one (1) year upon reaching the age of 18."

 

[Hank_ 9,174]

Double negative there      .. CENOMAR is not required

[SalishSea 18,117]

On 1/23/2020 at 7:27 PM, ReinaGonzales said:

I moved to the US from the Philippines as a K3 when I was 17 and got married when I was 19 years old.

Curious as to how this is even possible.....?

[Just Paul 4,595]

7 minutes ago, Jorgedig said:

Curious as to how this is even possible.....?

K3 must have been over a decade + ago.

 

At age 17? - depends on the country.  They would have been married.  At one point the spouse could be 14 years old.   I think that got changed in the last 2 years.

Edited January 26, 2020 by Paul & Mary

[ReinaGonzales 0]

26 minutes ago, Jorgedig said:

Curious as to how this is even possible.....?

Sorry. My mistake, I was a K3 and my mother was the K1.

Edited January 26, 2020 by ReinaGonzales
typo

[SmallTownPA 72]

15 minutes ago, Paul & Mary said:

K3 must have been over a decade + ago.

 

At age 17? - depends on the country.  They would have been married.  At one point the spouse could be 14 years old.   I think that got changed in the last 2 years.

https://apnews.com/19e43295c76d4d249aa51c9f643eb377

"There is a two-step process for obtaining U.S. immigration visas and green cards. Petitions are first considered by U.S. Citizenship and Immigration Services, or USCIS. If granted, they must be approved by the State Department. Overall, there were 3.5 million petitions received from budget years 2007 through 2017.

Over that period, there were 5,556 approvals for those seeking to bring minor spouses or fiancees, and 2,926 approvals by minors seeking to bring in older spouses, according to the data. Additionally, there were 204 for minors by minors. Petitions can be filed by U.S. citizens or permanent residents"

While you can marry as a minor in the US (with parental permission) for USCIS to allow these into the country is ludicrous.  I don't care what your religion is or if your parents signed, no one under the age of 18 should be given a MARRIAGE visa to enter the US.  Its RIPE for abuse. 

[SalishSea 18,117]

4 minutes ago, ReinaGonzales said:

Sorry. My mistake, I was a K1 and my mother was the K3.

That makes even less sense.

 

You must mean that your mother, an adult, came over on a a K-1 fiancee visa, and that you were K-2.