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Visa Reboot

By Shemp in Philippines

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Shemp Contributor

Shemp   6

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

Welcome To Your USCIS Account: On June 3, 2019 We approved your Form I-130, Petition for Alien Relative.

 

I received this notice after i had divorced her in USA 2 months prior, and i proceeded to have the visa revoked, and it was. We are back together now. My status is "divorced"; hers is "married".  I talked to USCIS on live chat and the rep wanted to treat this situation as if we were never married giving me both options: I129F or I-130. She didnt answer to the problem of a Filipina remarrying in the Philippines with a "married" status (filipino marriages can only be annulled). Wondering how Texas or Manila will treat a fiancé visa app in this situation. I'm still uneasy on how to proceed with this can of rekindled love. Thanks.

Edited by Shemp
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Chancy
Chancy

*** Moved from NVC forum to the Philippine regional forum, for country-specific input ***     Not true.  A Filipino married to a non-Filipino can obtain a legal divorce outside the Ph

Chancy
Chancy

New info from the OP is that his beneficiary entered the US previously with a K1 visa.  That means they do not need to go through CFO counseling again.  If the Filipina already has a CFO sticker on he

Carpe Vinum
Carpe Vinum

Mick Jones is the name of the month, eh?

Crazy Cat Grand Master

Crazy Cat   41,619

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

You don't have both options.  You are divorced. You could remarry via a Utah Zoom Marriage, meet, then file another I-130. 

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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JeanneAdil Grand Master

JeanneAdil   6,422

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Filed: Citizen (apr) Country: Morocco
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i seem to remember a case where they had to annul first and then remarry (about 2 years ago) 

embassy would not accept the US divorce and not allow a new marriage 

but i believe they tried to remarry in Philippines 

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Boiler Grand Master

Boiler   45,347

Posted
Filed: K-1 Visa Country: Wales
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9 minutes ago, Shemp said:

Utah zoom marriage from Michigan? I would be required to fly to Ph again after a remarriage?

Yes

 

Where did you marry initially?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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1 hour ago, Shemp said:

In the Philippines. Would her situation/status in Ph be different if we married in US?

The US embassy should recognize your divorce. 

 

Another member's fiance obtained a divorce in the US (he was married in Ph) and he was able to obtain the K1 visa even though he was still considered married in Ph. 

You can either re-marry your partner via Utah online marriage and then visit her again OR you can file for a K1 visa. 

I suggest you marry your partner and apply for another spousal visa. It might sound expensive at first but in the long run it will probably be faster and cheaper than having your partner move over on the K1 visa. 

 

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Chancy Grand Master

Chancy   6,241

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted

*** Moved from NVC forum to the Philippine regional forum, for country-specific input ***

 

9 hours ago, Shemp said:

filipino marriages can only be annulled

 

Not true.  A Filipino married to a non-Filipino can obtain a legal divorce outside the Philippines and can have that divorce recognized by the PH government, assuming the Filipino is willing to go through the recognition procedure.  But that would not be necessary in your case, if you don't plan on re-marrying in the PH.  If you plan to pursue another US visa for your Filipina partner, you will be dealing with the US government which already recognizes your legally obtained US divorce.  So, as far as USCIS and the US embassy in Manila are concerned, your ex-wife's current marital status is divorced.  Do not get confused about that when filling out US government forms like the I-129F.

 

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Shemp Contributor

Shemp   6

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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Rok: Why do i have to visit Ph again after the Utah marriage in order to apply for Spousal visa?

Chancy: So the Spousal visa is not an option? I enter her status in the I129F as "divorced" also? 

-thanks

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RO_AH Proficient

RO_AH   1,659

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted
2 hours ago, Shemp said:

Rok: Why do i have to visit Ph again after the Utah marriage in order to apply for Spousal visa?

Marriage isn't official until it is consummated.

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RO_AH Proficient

RO_AH   1,659

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
2 hours ago, Shemp said:

Chancy: So the Spousal visa is not an option? I enter her status in the I129F as "divorced" also? 

-thanks

It's an option...A very long option. Fiance would be easier in your case.

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Crazy Cat Grand Master

Crazy Cat   41,619

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
15 hours ago, RO_AH said:

It's an option...A very long option. Fiance would be easier in your case.

Why would a fiance visa be easier?  Utah Zoom Marriage, meet, then file the I-130 or wait just long for fiance visa, then AOS.  Spousal visa is faster way to a Green card.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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RO_AH Proficient

RO_AH   1,659

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
1 hour ago, Crazy Cat said:

Why would a fiance visa be easier?  Utah Zoom Marriage, meet, then file the I-130 or wait just long for fiance visa, then AOS.  Spousal visa is faster way to a Green card.

Because he is still married as far as Philippines is concerned. He will not be able to get a ROM and getting the recognition if divorce could take a year or more.

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Crazy Cat Grand Master

Crazy Cat   41,619

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Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
34 minutes ago, RO_AH said:

Because he is still married as far as Philippines is concerned. He will not be able to get a ROM and getting the recognition if divorce could take a year or more.

As far as PI is concerned, they are both still married to each other.  So how would a  fiance visa would be easier?   As far as USCIS is concerned, they are divorced.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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