Applying for CR1 without a RoFD

[noxaru 0]

My Fiance is a Filipina living in Japan. She was previously married to a Japanese national, during the marriage it was reported to the Philippines that they were married. 
They are divorced in Japan, however she hasn't gotten the RoFD from the Philippines. Japan city hall said they will marry us, as she is legally divorced. 

Would we be able to apply with the Japanese marriage certificate, and the divorced papers from her previous marriage, or do we have to have the RoFD as well?

 

We are planning on doing the RoFD eventually, but as we're not going to be living there any time soon, we'd rather do it later if possible..

[Mike E 11,739]

At what U.S. embassy will she have her visa interview?

[noxaru 0]

30 minutes ago, Mike E said:

At what U.S. embassy will she have her visa interview?

Japan

[Mike E 11,739]

53 minutes ago, noxaru said:

Would we be able to apply with the Japanese marriage certificate,

yes

53 minutes ago, noxaru said:

and the divorced papers from her previous marriage,

yes

53 minutes ago, noxaru said:

 

or do we have to have the RoFD as well

No.

[Boiler 45,494]

14 minutes ago, noxaru said:

Japan

So PI not involved.

[noxaru 0]

10 minutes ago, Mike E said:

yes

yes

No.

Awesome thanks, that's what I was hoping for, just wanted to make sure that they wouldn't see it and cause red flags.

 

11 minutes ago, Boiler said:

So PI not involved.

Yeah, I just wanted to check since she's a citizen of the Philippines that they wouldn't look and see that she doesn't have the RoFD yet. Just trying to reduce any unnecessary roadblocks

[Chancy 6,241]

21 hours ago, noxaru said:

Yeah, I just wanted to check since she's a citizen of the Philippines that they wouldn't look and see that she doesn't have the RoFD yet. Just trying to reduce any unnecessary roadblocks

 

No issue as far as US immigration is concerned.  Just note that your wife will not be able to change the name on her PH passport, even if you get legally married in Japan and she becomes an LPR in the US.  Does she use her Japanese surname in her PH passport?  She's stuck with whatever name is listed there, at least until she naturalizes in the US or files for Recognition of Foreign Divorce in the PH.

 

[pushbrk 12,883]

1 hour ago, Chancy said:

 

No issue as far as US immigration is concerned.  Just note that your wife will not be able to change the name on her PH passport, even if you get legally married in Japan and she becomes an LPR in the US.  Does she use her Japanese surname in her PH passport?  She's stuck with whatever name is listed there, at least until she naturalizes in the US or files for Recognition of Foreign Divorce in the PH.

 

Correct.  The Report of Foreign Divorce is needed from the Philippine Statistics Authority in order to change the name in her current passport, so the visa and green card will be issued in the passport name.