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Visa Reboot

By Shemp in Philippines

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RO_AH Proficient

RO_AH   1,659

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

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.  

So are you suggesting that they try to do this dishonestly? They still need to consider CFO. Dates will not match up. It would be a shame to go through the entire process and be blocked by CFO wouldn't it? Then they would need to go through the recognition of divorce at that point. I would almost never recommend a K1 over CR1 but this is a very unusual case.

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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?

Shemp Contributor

Shemp   6

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

Just to be clear, we were married in Philippines, but i filed for divorce nearly a year later. In meantime, i was approved for I-130 petition.  But soon after my divorce was granted i had the petition revoked. Also, i have been to the Philippines over 20 times in the last ten years, and I guess i am misunderstanding this consummation step. 

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Crazy Cat Grand Master

Crazy Cat   41,619

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

So are you suggesting that they try to do this dishonestly?

Of course not.  They are divorced.   I suggest they re-marry via Utah Zoom, meet, then file a new I-130.  Then, start the spousal visa process.  As of right now, 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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Shemp Contributor

Shemp   6

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
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What about getting married in Ph again? Will they remarry us when she is still considered married in her country?

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Boiler Grand Master

Boiler   45,348

Posted
Filed: K-1 Visa Country: Wales
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Would she not need a CENOMAR

“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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Crazy Cat Grand Master

Crazy Cat   41,619

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
2 hours ago, Shemp said:

and I guess i am misunderstanding this consummation step. 

Consummation means you are together in the same place either during or after the marriage ceremony.  Being together before the marriage ceremony is irrelevant.

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
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Posted
2 hours ago, Crazy Cat said:

Of course not.  They are divorced.   I suggest they re-marry via Utah Zoom, meet, then file a new I-130.  Then, start the spousal visa process.  As of right now, they are divorced.

And the CFO? How will they handle that?

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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
57 minutes ago, Shemp said:

What about getting married in Ph again? Will they remarry us when she is still considered married in her country?

Yours is a real tricky case.I would think you can't officially REmarry because as far as PH is concerned you ARE married. You need a CENOMAR to get married but you are married and that would be listed. The weird part is it shows that you are married to each other. Too bad you can't annul a divorce.... You will most likely get answers all over the place here in the forum because this is a 1 in a million case.

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Shemp Contributor

Shemp   6

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

yeah;, im waiting Monday to speak with an immigration lawyer. An attorney in Manila told me last August that a tourist or work visa might be an idea since she's also been to the US on a fiance visa (we decided not to marry) but returned, and therefore we have established a tendency to fulfill our legal obligation to follow immigration rules. 

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Boiler Grand Master

Boiler   45,348

Posted
Filed: K-1 Visa Country: Wales
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Posted

Which work visa?

“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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RO_AH Proficient

RO_AH   1,659

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

yeah;, im waiting Monday to speak with an immigration lawyer. An attorney in Manila told me last August that a tourist or work visa might be an idea since she's also been to the US on a fiance visa (we decided not to marry) but returned, and therefore we have established a tendency to fulfill our legal obligation to follow immigration rules. 

So, you got a fiance visa with her. She came here but you decided not to marry? Next, you went there and got married and filed for CR1 then after approval, you decided to divorce, and she never came here. Now you have rekindled your romance and want to bring her here again? I am wondering if there are any more surprises and if a lawyer is the right professional for you to be seeing.

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Talako Rising Star

Talako   781

Posted
Filed: Citizen (apr) Country: Philippines
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Posted
9 hours ago, Crazy Cat said:

Of course not.  They are divorced.   I suggest they re-marry via Utah Zoom, meet, then file a new I-130.  Then, start the spousal visa process.  As of right now, they are divorced.

You do not seem to recognize the power of the CFO to cause and be a source of problems.

Finally done.

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Crazy Cat Grand Master

Crazy Cat   41,619

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Filed: Citizen (apr) Country: Taiwan
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2 hours ago, Talako said:

You do not seem to recognize the power of the CFO to cause and be a source of problems.

You're right.  But USCIS plays a big part in this, too.  The OP said he divorced her.  

"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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Redro Experienced

Redro   4,611

Posted
Filed: IR-1/CR-1 Visa Country: South Africa
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Posted
9 hours ago, Talako said:

You do not seem to recognize the power of the CFO to cause and be a source of problems.

CFO could cause issues if they get married again via Utah OR if they decide to go the fiance route. They might assume @Shemp is taking advantage of his partner... 

IMO, the  US consulate will probably issue a spousal visa but I can see them sitting on the case if they go the fiance route as they might assume Shemp and his partner are involved in a weird situation... (2 cancelled applications by the same couple?!?!?)...

Either way, complicated issue. I would go the spousal route to show they're a strong stable couple who intend to be together for a long time and not break up after the petition is approved/ visa is issued/ Shemp's partner gets to the US... 

 

 

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Boiler Grand Master

Boiler   45,348

Posted
Filed: K-1 Visa Country: Wales
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Posted

Spousal seems simpler much simpler 

“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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