Filing K1 - Divorced in states but not in Philippines (American)

[Johnnyfive5 1]

Hello and good day everyone,

I recently finally after 2 years of separation finally got my divorced from my Filipina wife. We were married in NY and divorced in NY. During this one of my good friends and I started to get close and dated for about a year. We both decided its best to get married and take things further. She is an amazing woman and very smart. a rare gem.

Now my marriage to my ex wife was registered in the Philippines by her and I honestly wasn't thinking anything of it during the time of my divorce. I am just happy to finally have it over.

The question is, can I do a K1 now that I have my divorce in States even though I am still married in Philippines?
I do plan to file for an annulment sometime early next year as I would like to have my new marriage in Philippines.

 

Though for now, is it ok to do K1? My current Fiancée has never been married yet so will have clean CEMAR. Sadly I won't haha. 

 

Thank you all for your advice and I wish you all well in the coming days. 

[Johnnyfive5 1]

The more I read I believe we are ok but wanted to confirm if others have done this as well. 

[Chancy 6,241]

*** Moved from K1 Process & Procedures to the Philippine regional forum, for country-specific input ***

 

12 hours ago, Johnnyfive5 said:

The question is, can I do a K1 now that I have my divorce in States even though I am still married in Philippines?

 

As long as you have your final divorce decree (and have met your beneficiary in person at least once within the past 2 years), you may already file the I-129F petition to start the K1 process.  That said, consider pursuing the CR1 spouse visa instead for your new Filipina, since you seem to be ready to get married soon anyway.  Even if you cannot get married again in the Philippines, you can get married abroad or through Utah zoom wedding.

 

12 hours ago, Johnnyfive5 said:

I do plan to file for an annulment sometime early next year as I would like to have my new marriage in Philippines.

 

Are you a dual PH-US citizen?  If you are not Filipino, then there is no need at all for you to file for annulment in the Philippines.  If marrying in the Philippines and having a marriage certificate issued by PSA is super important for you, then you could file for Recognition of Foreign Divorce instead, assuming you are not Filipino.  Simpler and faster than an annulment.  If a PSA marriage certificate is not important to you, no need to even bother with Recognition of Foreign Divorce.

 

Note that marrying with a PH marriage license means that your beneficiary will not be pursuing the K1 visa path, as K1 requires marriage in the US.  If you do pursue K1 and get married in the US, you and your new wife cannot legally get married again in the PH.  You are free to hold a ceremony in the PH for renewal of vows (not wedding), but there should be no PH marriage license.

 

12 hours ago, Johnnyfive5 said:

My current Fiancée has never been married yet so will have clean CEMAR. Sadly I won't haha.

 

USC petitioner's CENOMAR/CEMAR would not matter as long as you have your final divorce decree from NY.

 

[Johnnyfive5 1]

3 minutes ago, Chancy said:

As long as you have your final divorce decree (and have met your beneficiary in person at least once within the past 2 years), you may already file the I-129F petition to start the K1 process.  That said, consider pursuing the CR1 spouse visa instead for your new Filipina, since you seem to be ready to get married soon anyway.  Even if you cannot get married again in the Philippines, you can get married abroad or through Utah zoom wedding.

Hello and thank you for moving it and providing amazing feedback it is helpful and I am grateful. Yes, I have my divorce degree already after a long battle. We have met already quite a few times in a year and have spent months together already. That is great I am able to start the K1. - We have thought about the CR1 and considered going to Thailand to get married but I was also concerned for 2 reasons. 1, her leaving the Philippines with me even though she has a visa is stressful if they deny her exit for a vacation. 2, she is concerned that me being married already in Philippines could also cause her problems in Philippines if we marry and not K1. -- Consider her and me...slightly paranoid. Granted I built my care on being paranoid. -- The Utah Zoom wedding is very interesting didn't know that was a choice. Something I will talk with her about.

 

6 minutes ago, Chancy said:

Are you a dual PH-US citizen?  If you are not Filipino, then there is no need at all for you to file for annulment in the Philippines.  If marrying in the Philippines and having a marriage certificate issued by PSA is super important for you, then you could file for Recognition of Foreign Divorce instead, assuming you are not Filipino.  Simpler and faster than an annulment.  If a PSA marriage certificate is not important to you, no need to even bother with Recognition of Foreign Divorce.

 

Note that marrying with a PH marriage license means that your beneficiary will not be pursuing the K1 visa path, as K1 requires marriage in the US.  If you do pursue K1 and get married in the US, you and your new wife cannot legally get married again in the PH.  You are free to hold a ceremony in the PH for renewal of vows (not wedding), but there should be no PH marriage license.

 

I am an American and its my only citizenship. My ex is a dual. I will look into Recognition of Foreign divorce. That is great advice as well! - We do desire to have our marriage in Philippines mostly for long stay visa. We are both young still (30s) but we are considering early retirement in 10-15 years. Philippines would be a great place and having a marriage visa would help over a tourist.

 

8 minutes ago, Chancy said:

USC petitioner's CENOMAR/CEMAR would not matter as long as you have your final divorce decree from NY.

That is also great to know,

So mostly the Philippines government really doesn't care that I am married to 1 Filipina in Philippines but married to another (k1 Utah etc) in States?
Quite strange if you ask me.

Thank you so much for this level of advice. It was very helpful for my process. You have my gratitude my friend. 

[Johnnyfive5 1]

12 minutes ago, Chancy said:

  That said, consider pursuing the CR1 spouse visa instead for your new Filipina, since you seem to be ready to get married soon anyway.  Even if you cannot get married again in the Philippines, you can get married abroad or through Utah zoom wedding.

Here is a follow up question. I would be able to marry her, say in Thailand. Then do CR1 even though I am married to another Filipina in Philippines? - Divorced in States of course but I find this quite strange. 

[Chancy 6,241]

20 minutes ago, Johnnyfive5 said:

So mostly the Philippines government really doesn't care that I am married to 1 Filipina in Philippines but married to another (k1 Utah etc) in States?

 

If you plan to retire in the Philippines, then yes, the PH government will care that you are listed as married to two Filipinas.  Definitely look into Recognition of Foreign Divorce before you start the paperwork for your long-stay visa in the PH.  My earlier comment about your (ie, the USC's) CENOMAR/CEMAR refers to the US government and the US immigration process for your fiancee.  USCIS and the US embassy would not care that PSA records show that you are still married to your ex because they will trust your NY divorce decree.

 

17 minutes ago, Johnnyfive5 said:

I would be able to marry her, say in Thailand. Then do CR1 even though I am married to another Filipina in Philippines?

 

Your NY divorce decree would be recognized everywhere except in the Philippines, so you can legally get married in Thailand then pursue CR1 for your wife.  That said, I would not recommend attempting to wrangle with Thai bureaucracy to get married as two foreigners in Thailand.  Just go through Utah zoom wedding, either while you're in the Philippines or vacationing in Thailand.  You can even get married while you're in the US and she in the PH.  For the Utah wedding to be valid for US immigration, you will need to meet in person during or after the Utah wedding ceremony, but before filing the I-130 petition for your wife.

 

[Johnnyfive5 1]

3 minutes ago, Chancy said:

 

If you plan to retire in the Philippines, then yes, the PH government will care that you are listed as married to two Filipinas.  Definitely look into Recognition of Foreign Divorce before you start the paperwork for your long-stay visa in the PH.  My earlier comment about your (ie, the USC's) CENOMAR/CEMAR refers to the US government and the US immigration process for your fiancee.  USCIS and the US embassy would not care that PSA records show that you are still married to your ex because they will trust your NY divorce decree.

 

 

Your NY divorce decree would be recognized everywhere except in the Philippines, so you can legally get married in Thailand then pursue CR1 for your wife.  That said, I would not recommend attempting to wrangle with Thai bureaucracy to get married as two foreigners in Thailand.  Just go through Utah zoom wedding, either while you're in the Philippines or vacationing in Thailand.  You can even get married while you're in the US and she in the PH.  For the Utah wedding to be valid for US immigration, you will need to meet in person during or after the Utah wedding ceremony, but before filing the I-130 petition for your wife.

 

Thank you so much for the information. This is perfect and I will not need anything else. Thank you again for everything. 

[RO_AH 1,659]

21 hours ago, Johnnyfive5 said:

I do plan to file for an annulment sometime early next year as I would like to have my new marriage in Philippines.

You are very confusing. A K-1 is a fiance visa for your partner to come to the USA and get married to you? I don't understand you saying you will get married in the Philippines. Also as @Chancy said you would need to file for a recognition of divorce not an annulment since you were married in the USA and not in PH. The recognition of divorce takes time and money, meaning this will not happen fast. Either do a K-1 and marry here OR if you get married there do an online Utah wedding.

 

8 hours ago, Johnnyfive5 said:

o mostly the Philippines government really doesn't care that I am married to 1 Filipina in Philippines but married to another (k1 Utah etc) in States?

USA would giving her the visa not PH so in USA if you are legally divorced you can apply for a visa. Not strange at all.

 

8 hours ago, Johnnyfive5 said:

Here is a follow up question. I would be able to marry her, say in Thailand. Then do CR1 even though I am married to another Filipina in Philippines? - Divorced in States of course but I find this quite strange. 

As far as every country in the world is concerned you are legally divorced. Only PH does not recognize it. Your CR-1 would be filed through USA so it does not care how PH sees it.

 

Do yourself a favor and consider a Utah wedding. You can do it together from Philippines and then have a reception there with her family and friends. Then file CR-1