Help! Fiancee is divorced in US but married in Philippines

[Chancy 6,241]

17 minutes ago, Kor2USA said:

Doing some googling it appears you are not required to show proof of residence in Washington State when you file for divorce.

 

I try not to cite unofficial sources like law firm sites, but here's an opposing view to what that other law firm says --

 

Washington State has a residency requirement for any divorcing spouse, whether they are contested or uncontested. To prove you reside in Washington State, you’ll need to show proof of one of the following:

• You currently reside in Washington
• Your spouse currently resides in Washington
• Either spouse is a member of the armed forces currently stationed in Washington

https://www.vansiclen.com/uncontested-divorce-in-washington-state-the-complete-guide/

 

[John & Rose 7,239]

My understanding of Philippine law is that if both partners are Filipino and married in the Philippines they cannot legally divorce in another country unless one of the couple resides in that country.  So the question is will the CO want to see a CENOMAR to determine legal capacity?  Yes they will.  Will the CO require a recognition of foreign divorce or annulment?  It is possible.  Does it look like the couple was attempting to get a quickie divorce to sidestep the laws of the country they both reside in?  I have seen this a few times with the quickie Hong Kong divorce.  It could go either way but the REAL challenge will be CFO.  They will put their foot down on this one.  If she is a OFW, I recommend interviewing there and not returning to the Philippines until she has the green card.  CFO has gained some teeth lately and they like to show it.

Edited November 2, 2021 by John & Rose

[Lyn81 6]

He lived with his cousin in Seattle during the stay. I believe he attached his I-94 and passport. Here is a link https://www.divorcewriter.com/divorce-residency-requirements that I saw about residency. 

 

I am hoping this embassy will honor it and this can be an answer to a lot of Filipinos who want to be with their love ones. 

[Chancy 6,241]

25 minutes ago, Lyn81 said:

I believe he attached his I-94 and passport.

 

This would be very welcome news, at least to Filipinos with US tourist visas, seeking divorce.

 

[Redro 4,611]

@Lyn81 Any update on your situation? 

Did they recognize the divorce or are they still investigating? 

Edited November 22, 2021 by Kor2USA

[Karabast39 11]

Happens all the time-- Filipino comes to the United States on a B1/B2 and divorces their Filipino spouse.  USCIS considers the U.S. divorce valid and does not question a U.S. divorce decree-- they don't dig into residency requirements and such to see if the judge *should* have granted the divorce or not.  When it comes to the visa application in Manila, it honestly depends on the adjudicating consular officer and their current management (officers' tours are only 2-3 years and they may not spend all that time in the same unit and have varying degrees of interest in immigration law).  I have seen consular officers who were lawyers and dig into the state's residency requirements and such.  If they reach out to the Consular Affairs' legal department for guidance, they'll be told that a U.S. divorce is a divorce.  If they don't want to reach out, they may write their own revocation memo arguing the divorce wasn't valid or recognized in the Philippines and send it back to NVC to send back to USCIS for revocation.  Sadly, for K-1s, those cases just expire on a shelf.  For CR1/IR1s, USCIS always reaffirms them since the divorce is valid in their eyes-- but then years have gone by and you're still without a visa.  

[Dave Knapp 47]

I'm with Karabast39 on this. I doubt if CO's are going to second guess a sitting judge.  I know from personal experience that Manila will accept the marriage eligibility of a Filipino if their Philippine marriage was terminated by a US divorce. The CFO may push back, tho. Best of luck.

[Redro 4,611]

18 hours ago, Dave Knapp said:

I'm with Karabast39 on this. I doubt if CO's are going to second guess a sitting judge.  I know from personal experience that Manila will accept the marriage eligibility of a Filipino if their Philippine marriage was terminated by a US divorce. The CFO may push back, tho. Best of luck.

OP's partner was interviewed in Thailand though. 

 

Edited December 3, 2021 by Kor2USA

[Karabast39 11]

16 hours ago, Kor2USA said:

OP's partner was interviewed in Thailand though. 

 

The same legal principle applies-- the divorce was valid in the USA.  Thailand may reach out to Consular's legal affairs division or to Manila for information about it to cover its bases, but a Congressional inquiry would also help them think more clearly if you get my drift.  

[Lyn81 6]

Immigration Officer asked us to submit documentation on how he filed his divorce. Just waiting now what's next. 

[Lyn81 6]

Hi, 

 

Just want to update everyone. Our fiancee visa case went to administrative processing due to additional requirements like Philippine Police Clearance and Divorce in US. Consulate asked us to submit supporting document of fiancee divorce filing. 

 

Finally, our fiancee visa has been approved and delivered on Jan 12. It took 3 months for it to get approved. We can finally move on. It was a great gift as we are expecting our daughter's birth on March 4th.

 

Good Luck Everyone! 

 

Lyn