Married in Philippines, Divorced in US, New Fiance in PI

[kawika69 4]

Okay, so 8 years ago I met a Filipina on line.  I went to the Philippines and married her.  I brought her to the US and she has since become a US citizen.  She sued me for divorce.(Coincidentally after she became entitled to my pension for the rest of her life.)  So now I met a Filipina who is an OFW and I really am falling for this girl.  Her contract expires September 29, 2021.  My question is:  Can I bring her here on a fiance visa?  Will my marriage affect my being able to apply for a fiance visa for her.  I have a final divorce decree already. One side note:  Can we start the fiance visa process before she returns to the Philippines?  My first Filipina was a spousal visa.  I want to bring my new love on a fiance visa.  Any help will be appreciated.

 

Mahalo,  David O

Edited February 17, 2021 by kawika69

[SHANE (USA) 12]

@kawika69 

 

Yes, because you have your final Divorce Decree, you are eligible for the K1 Fiancée Visa.

However, you can not file form I-129F with the USCIS unless you have first met her in-person within the last 24 months and you have proof of your physical meeting. 

On a side note... ...America unfortunately has turned marriage into a financial contract so protect yourself in the future with a prenuptial agreement. 

Edited February 17, 2021 by SHANE (USA)

[SHANE (USA) 12]

1 hour ago, kawika69 said:

Okay, so 8 years ago I met a Filipina on line.  I went to the Philippines and married her.  I brought her to the US and she has since become a US citizen.  She sued me for divorce.(Coincidentally after she became entitled to my pension for the rest of her life.)  So now I met a Filipina who is an OFW and I really am falling for this girl.  Her contract expires September 29, 2021.  My question is:  Can I bring her here on a fiance visa?  Will my marriage affect my being able to apply for a fiance visa for her.  I have a final divorce decree already. One side note:  Can we start the fiance visa process before she returns to the Philippines?  My first Filipina was a spousal visa.  I want to bring my new love on a fiance visa.  Any help will be appreciated.

 

Mahalo,  David O

Eligibility

U.S. citizens who will be getting married to a foreign national in the United States may petition for a fiancé(e) classification (K-1) for their fiancé(e). You and your fiancé(e) must be free to marry. This means that both of you are unmarried, or that any previous marriages have ended through divorce, annulment or death. You must also have met with your fiancé(e) in person within the last two years prior beginning the K-1 Visa petition process (filing the I-129F). This requirement can be waived only if meeting the non US Citizen's fiancé(e) in person would violate long-established customs, or if it would create extreme hardship on the US Citizen.

[kawika69 4]

11 hours ago, SHANE (USA) said:

@kawika69 

 

Yes, because you have your final Divorce Decree, you are eligible for the K1 Fiancée Visa.

However, you can not file form I-129F with the USCIS unless you have first met her in-person within the last 24 months and you have proof of your physical meeting. 

On a side note... ...America unfortunately has turned marriage into a financial contract so protect yourself in the future with a prenuptial agreement. 

 

I probably don't need a pre-nup now.  I have nothing to lose.  The ex gets 2500 a month (My pension) With 3-4% increases each year) for the rest of her life once I die (I'm worth more dead than alive)  The house is being placed in a trust so it goes to our two children. The ex won't get the house unless my two kids, once they reach 25 years of age give it to her.

 

I never did a K-1 so I have to get back on the guides...I'm thinking we could start preparing/gathering the paperwork and have most if not all of it prepared for filing when I go to Philippines in October and we meet in person.  How long are K-1's taking these days>

Mahalo for your help, David

[NeonParticles 126]

2 hours ago, kawika69 said:

 

I probably don't need a pre-nup now.  I have nothing to lose.  The ex gets 2500 a month (My pension) With 3-4% increases each year) for the rest of her life once I die (I'm worth more dead than alive)  The house is being placed in a trust so it goes to our two children. The ex won't get the house unless my two kids, once they reach 25 years of age give it to her.

 

I never did a K-1 so I have to get back on the guides...I'm thinking we could start preparing/gathering the paperwork and have most if not all of it prepared for filing when I go to Philippines in October and we meet in person.  How long are K-1's taking these days>

Mahalo for your help, David

K-1 isn't even being processed by the Manila embassy since March.  So it's backed up almost a year at this point.  Just NOA1 takes 3+ months right now, so it's backed up at each point along the way.  The hope is that things will speed up as more people get vaccinated, but the Philippines itself is a long way off from that, and is completely closed to tourists at at this point.  

I've been away from my fiancee since September 2019 personally.

Edited February 17, 2021 by NeonParticles

[payxibka 10,045]

3 hours ago, kawika69 said:

 

I probably don't need a pre-nup now.  I have nothing to lose.  The ex gets 2500 a month (My pension) With 3-4% increases each year) for the rest of her life once I die (I'm worth more dead than alive)  The house is being placed in a trust so it goes to our two children. The ex won't get the house unless my two kids, once they reach 25 years of age give it to her.

 

I never did a K-1 so I have to get back on the guides...I'm thinking we could start preparing/gathering the paperwork and have most if not all of it prepared for filing when I go to Philippines in October and we meet in person.  How long are K-1's taking these days>

Mahalo for your help, David

Not a lot to gather before you meet

[SalishSea 17,829]

7 hours ago, kawika69 said:

How long are K-1's taking these days>

Probably greater than 18 months from filing to visa on hand.

 

If you're going anyway, why not just get married there?

[Adventine 3,196]

32 minutes ago, Jorgedig said:

Probably greater than 18 months from filing to visa on hand.

 

If you're going anyway, why not just get married there?

 

I agree with your estimate for the K1 visa. Unfortunately, it's not currently possible for a US citizen to get married in the Philippines because the US Embassy in Manila hasn't been issuing the"“Affidavit In Lieu of a Certificate of Legal Capacity to Contract Marriage" (source)

 

This could change if the Philippines relaxes its lockdown restrictions and if USEM resumes routine services by OP's target travel date in Oct 2021. 

[HRQX 4,145]

3 minutes ago, Adventine said:

Unfortunately, it's not currently possible for a US citizen to get married in the Philippines because the US Embassy in Manila hasn't been issuing the"“Affidavit In Lieu of a Certificate of Legal Capacity to Contract Marriage" (source)

Yup. Wouldn't they also need PH judicial recognition of the US divorce?

[Adventine 3,196]

9 minutes ago, HRQX said:

Yup. Wouldn't they also need PH judicial recognition of the US divorce?

 

Looks like they do.

 

Judicial-Recognition-of-Divorce-in-the-Philipines.pdf (philippineconsulatela.org)

Filipino Law Group – RECOGNITION OF FOREIGN DIVORCE DECREE IN THE PHILIPPINES

[SalishSea 17,829]

8 hours ago, kawika69 said:

 

Maybe a 3rd country then.   

 

Although, I honestly don't understand the rush to marry someone you've never met.  

[HRQX 4,145]

2 minutes ago, Jorgedig said:

Maybe a 3rd country then.

Yup, that may be an option. OP hasn't explicitly named the country where she currently is in. He just said her OFW contract expires in September.

[JFH 12,190]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[kawika69 4]

16 hours ago, Jorgedig said:

Probably greater than 18 months from filing to visa on hand.

 

If you're going anyway, why not just get married there?

If I get married there will the visa be issued sooner?  I know back when I did my last spousal visa that took considerably longer than a K-1, has that changed?

 

[Jordan & Jenet 48]

15 hours ago, Adventine said:

 

Looks like they do.

 

Judicial-Recognition-of-Divorce-in-the-Philipines.pdf (philippineconsulatela.org)

Filipino Law Group – RECOGNITION OF FOREIGN DIVORCE DECREE IN THE PHILIPPINES

That is only if the Filipino 1/2 of the relationship has been married before in the Philippines. The US does not care if the USC 1/2 is considered to be married in any other country besides the US. (The USC 1/2 must be legally divorced in the eyes of the US) That is what I was told before by my immigration attorney. 

 

Jordan