Philippines divorce in us

[riefandcastro 1]

Because I'm active duty military I have had lawyers advise me that she may have an easier time getting a 2 year residency waiver or being granted deferred action(which still wont allow her to adjust status). Also her ex is aware his citizenship is tied to my fiancés'. He is living in another state with a new girlfriend.

[Adventine 3,196]

@Unlockable I'm not sure, either. Good that a lawyer is involved already because this is beyond DIY. Hopefully they get that waiver and can adjust status from within the US.

 

@riefandcastro to clarify, it isn't his citizenship which is tied to your fiancée. It's his legal status in the US. Since he's already got a new girlfriend, he may be looking for ways to adjust status in the US too.

 

Hopefully someone chimes in who knows of a case where the US Embassy Manila accepted a US divorce decree of two Filipinos married in the Philippines, without needing the PSA records of the divorce (bit of a catch-22 since the PH does not recognize divorce). That would be a big surprise to me, though.

 

EDIT: I realized that if the foreign divorce is not reported to PSA, there will likely be problems reporting the new marriage to PSA too. What kind of problems that poses for a spousal visa application, I'm not sure.

Edited January 6, 2022 by Adventine

[Chancy 6,241]

13 hours ago, riefandcastro said:

The second issue is that she is still legally married in the PI to another Filipino citizen. Her husband is also here in America on a j2 visa as is her daughter. They have both agreed on divorce in the us and are processing it right now.

 

Because the couple legally reside in the US on J visas, after their divorce is finalized, the US government will accept that their US divorce was legally obtained.  So if your future wife ever needs to apply for a spouse visa at the US embassy in Manila, the embassy will accept the final divorce decree as a valid marriage termination document.  Your future wife will still need to present a PSA CENOMAR/CEMAR at her visa interview, and yes, it will show that she is still married to her ex.  But the embassy will be ok with that, as long as she also presents her US divorce decree.

 

Getting the CFO sticker/certificate is actually the more problematic part for divorced Filipinos.  But I assume your future wife, who is a J1 worker, already has a CFO sticker on her passport?  If so, she will not need to deal with CFO again.  As far as I know, CFO stickers have no expiration date.  If she only has a temporary certificate, that might be a problem.

 

[Adventine 3,196]

@Chancy thanks Chancy, I didn't know that the US embassy would accept that. Since that's the case, and if the CFO won't be an issue, seems like the spousal visa is definitely viable?

[Chancy 6,241]

2 minutes ago, Adventine said:

I didn't know that the US embassy would accept that. Since that's the case, and if the CFO won't be an issue, seems like the spousal visa is definitely viable?

 

Yes, CR1/IR1 is definitely a viable path for the OP's future wife.  The US embassy will not reject a legally obtained US divorce decree.  The only possible snag is whether the Filipina already has a CFO sticker or not.

 

[Adventine 3,196]

Cool, thank you. I'm glad to be corrected.

[Chancy 6,241]

The critical point in the OP's gf's case is that she and her husband are able to legally divorce in the US as residents of their state due to being J visa holders.  There is recent visa case of another Filipino who filed for divorce in the US, but unlike the OP's gf, he was on a tourist visa.  The consul officer questioned how the US divorce was filed --

 

 

[Unlockable 7,314]

Thanks @Chancy for the clarification. Apologies for not mentioning you earlier as a VJ member with Philippines experience. Looks like the OP has a silver lining.

 

But I also think the 2 year home requirement waiver may be a hurdle. If that is not approved then it would delay their union. 

Edited January 6, 2022 by Unlockable

[riefandcastro 1]

Could I file for the spousal visa while she is fulfilling the two year requirement(like filing 1 year in)? I hope I wouldn't have to wait the two years just to file the petition.

[Talako 785]

2 hours ago, Chancy said:

 

Because the couple legally reside in the US on J visas, after their divorce is finalized, the US government will accept that their US divorce was legally obtained.  So if your future wife ever needs to apply for a spouse visa at the US embassy in Manila, the embassy will accept the final divorce decree as a valid marriage termination document.  Your future wife will still need to present a PSA CENOMAR/CEMAR at her visa interview, and yes, it will show that she is still married to her ex.  But the embassy will be ok with that, as long as she also presents her US divorce decree.

 

Getting the CFO sticker/certificate is actually the more problematic part for divorced Filipinos.  But I assume your future wife, who is a J1 worker, already has a CFO sticker on her passport?  If so, she will not need to deal with CFO again.  As far as I know, CFO stickers have no expiration date.  If she only has a temporary certificate, that might be a problem.

 

This is what I had thought was correct, and why I was confused on other provided answers.

 

Thank you for the clarification.

[Chancy 6,241]

1 hour ago, riefandcastro said:

Could I file for the spousal visa while she is fulfilling the two year requirement(like filing 1 year in)? I hope I wouldn't have to wait the two years just to file the petition.

 

You may file the I-130 petition as soon as you have a valid marriage certificate.  No need to wait until the 2-year residency requirement has been fulfilled.

 

[Cyberfx1024 7,980]

21 hours ago, Adventine said:

@Unlockable I'm not sure, either. Good that a lawyer is involved already because this is beyond DIY. Hopefully they get that waiver and can adjust status from within the US.

 

@riefandcastro to clarify, it isn't his citizenship which is tied to your fiancée. It's his legal status in the US. Since he's already got a new girlfriend, he may be looking for ways to adjust status in the US too.

 

Hopefully someone chimes in who knows of a case where the US Embassy Manila accepted a US divorce decree of two Filipinos married in the Philippines, without needing the PSA records of the divorce (bit of a catch-22 since the PH does not recognize divorce). That would be a big surprise to me, though.

 

EDIT: I realized that if the foreign divorce is not reported to PSA, there will likely be problems reporting the new marriage to PSA too. What kind of problems that poses for a spousal visa application, I'm not sure.

As others have said and I will reiterate getting divorced and remarried in the USA is fine for immigration purposes as long as the divorce is recognized in the USA within that state's jurisdictions. That means that the person had proper residency within that state before filing for divorce. 

The Philippine government would issue her a CEMAR because they might not recognize the divorce. But by that time she would be married anyway to the OP. So they both need to ensure to keep all documentation related to this. 

[Cyberfx1024 7,980]

19 hours ago, Chancy said:

The critical point in the OP's gf's case is that she and her husband are able to legally divorce in the US as residents of their state due to being J visa holders.  There is recent visa case of another Filipino who filed for divorce in the US, but unlike the OP's gf, he was on a tourist visa.  The consul officer questioned how the US divorce was filed --

 

 

This is my take on everything as well

[riefandcastro 1]

Thank you all for your answers. I am feeling more re-assured about our future together now. I also have another weird predicament in our relationship. I am stationed in Virginia for the military while she lives 5 hours(driving) away because of her j1 job. Unless she is able to get the 2 year waiver we will remain living separate to avoid her losing j1 status.  Do any of you think this will cause our marriage to not be seen as bona-fide? Is there anything I should know or do with this as well?

[riefandcastro 1]

I also have a hectic schedule of deployments in the near future and I hope that stuff like j-1 waivers or other petitions can be expedited. Can things like this be expedited for military? Thank you