IR-1 application process with divorce

[SalishSea 17,804]

On 10/14/2024 at 3:12 AM, SJinCA said:

 

Small quip, but assuming the OP is female, it wouldn't be polygamy -- polygyny (one husband, multiple wives) is permissible in Islam, but polyandry (one wife, multiple husbands) certainly is not. 

In terms of the law, it would be bigamy.  The US doesn't care about the genders of the parties involved, it is illegal full stop.

[thesheikhs17 0]

2 hours ago, pushbrk said:

Yes, that is the solution.  There....IS.....a process for getting the foreign divorce recognized by the PSA in the Philippines, but that is NOT necessary for US immigration.  The combination of the valid divorce decree and a PSA CEMAR naming only that husband as her husband, is all the USA needs.

 

No need to register the marriage with the US Embassy.  Getting the divorce recognized by the PSA, is only necessary in order to have a new marriage recognized in the Philippines. If you never intend to actually live in the Philippines again, I wouldn't bother.

 

Note, that just because the lawyer is Filipino, does not mean he understands US Immigration, and THAT is the context of everything you ask him about.  Waiting on a Philippines annulment might mean you have even more children in the next few years that will take, muddying the waters further.

The thing is it wont even be recognized in PH since im not a citizen of the said country I did the divorce with. We have also consulted with a visa assistance company and they said it will not be useful having the divorce in UAE since the required papers from PH will still state married to the 1st husband i.e NBI clearance which there's a section there that mention Married and Husbands last name. He said PH law will still matter with US embassy since im still a Filipino citizen. I dont really want to risk and try to use the divorce in UAE while my papers from PH still states im married. That's why I posted here coz I really doubt it will work. 🥺

[Family 3,988]

2 minutes ago, thesheikhs17 said:

The thing is it wont even be recognized in PH since im not a citizen of the said country I did the divorce with. We have also consulted with a visa assistance company and they said it will not be useful having the divorce in UAE since the required papers from PH will still state married to the 1st husband i.e NBI clearance which there's a section there that mention Married and Husbands last name. He said PH law will still matter with US embassy since im still a Filipino citizen. I dont really want to risk and try to use the divorce in UAE while my papers from PH still states im married. That's why I posted here coz I really doubt it will work. 🥺

I know what I have said is not clear to you and your most recent consult w “ visa assistance “ co is only muddying the waters. 
 

contact a US based ( legit , licensed and experienced) immigration attorney and get a consult …if what @pushbrk and I is not giving you the confidence to DIY your future I-130. 
 

For now, just make sure the attorney you hired is LOCAL to UAE and knows the local laws to get a speedy divorce from husband 1. 

[pushbrk 12,870]

53 minutes ago, thesheikhs17 said:

The thing is it wont even be recognized in PH since im not a citizen of the said country I did the divorce with. We have also consulted with a visa assistance company and they said it will not be useful having the divorce in UAE since the required papers from PH will still state married to the 1st husband i.e NBI clearance which there's a section there that mention Married and Husbands last name. He said PH law will still matter with US embassy since im still a Filipino citizen. I dont really want to risk and try to use the divorce in UAE while my papers from PH still states im married. That's why I posted here coz I really doubt it will work. 🥺

That assistance company is wrong.  I just told you why.  The US doesn't care if the Philippines recognizes your divorce.  They care if it is a legitimate divorce.  In your situation they want to see that the marriage in the Philippines is to the same person you legally divorced BEFORE you marry the person petitioning you.  In Filipino style....Yes, really!   Yes, I'm sure!

[thesheikhs17 0]

2 hours ago, pushbrk said:

That assistance company is wrong.  I just told you why.  The US doesn't care if the Philippines recognizes your divorce.  They care if it is a legitimate divorce.  In your situation they want to see that the marriage in the Philippines is to the same person you legally divorced BEFORE you marry the person petitioning you.  In Filipino style....Yes, really!   Yes, I'm sure!

But how about my NBI clearance that will state im married to the other guy? Will they not question that? What else do they need from me from PH, to be honest I dont really know the full requirements 😕 I need to consult immig lawyer.

[pushbrk 12,870]

4 minutes ago, thesheikhs17 said:

But how about my NBI clearance that will state im married to the other guy? Will they not question that? What else do they need from me from PH, to be honest I dont really know the full requirements 😕 I need to consult immig lawyer.

Ugg.  Same thing.  Combine the PSA and NBI documents with a legal and lawful divorce in the other country.  USCIS and Consular Officers can read and understand the timeline of what happened.  Once you have a legal divorce from the Filipino, what old or new PSA or NBI documents say about your status only matters to the Philippines. It does not matter to USCIS or a Consular Officer.  Surely, I've stated that clearly four times now.

What you absolutely need is a divorce that is legal and lawful where it is obtained, and that has a date earlier than your marriage date to your baby's father.  Without taking those steps, the rest doesn't matter, but you do NOT NOT NOT need the divorce to be recognized by any Philippine government agency, in order to immigrate to the USA.

[thesheikhs17 0]

5 minutes ago, pushbrk said:

Ugg.  Same thing.  Combine the PSA and NBI documents with a legal and lawful divorce in the other country.  USCIS and Consular Officers can read and understand the timeline of what happened.  Once you have a legal divorce from the Filipino, what old or new PSA or NBI documents say about your status only matters to the Philippines. It does not matter to USCIS or a Consular Officer.  Surely, I've stated that clearly four times now.

What you absolutely need is a divorce that is legal and lawful where it is obtained, and that has a date earlier than your marriage date to your baby's father.  Without taking those steps, the rest doesn't matter, but you do NOT NOT NOT need the divorce to be recognized by any Philippine government agency, in order to immigrate to the USA.

I understand your its just that my filipino stubborn blood still coming out. 🥴 one more thing, if i remarry the sponsor again after the divorce will it not be a conflict if they will check my sons CRBA application which where we put our georgia date? And also isnt it a redflag to them that on the crba application we put i dont have previous marriage when i still have at that time 😣 theres also a loophole in that embassy i guess. this is so messy to begin with thats why im not confident.

[pushbrk 12,870]

11 minutes ago, thesheikhs17 said:

I understand your its just that my filipino stubborn blood still coming out. 🥴 one more thing, if i remarry the sponsor again after the divorce will it not be a conflict if they will check my sons CRBA application which where we put our georgia date? And also isnt it a redflag to them that on the crba application we put i dont have previous marriage when i still have at that time 😣 theres also a loophole in that embassy i guess. this is so messy to begin with thats why im not confident.

Yes, it will be a conflict, but not to worry.  Get your mind around the fact that you cannot hide the truth.  The Consular Officer will know the whole story, because there is no way to hide it.  You must disclose all marriages and divorces.  Even if you tried to hide the first marriage and divorce to the US Citizen, they would know because they know you couldn't live together in the UAE without a marriage certificate.  The truth is what the truth is.  Own it.  You have no other choice.

 

If asked, you explain by telling the truth.  You realized your first marriage to your current husband was not valid, and you did what you needed to do to fix it.

Adding that your son is a US Citizen because his father is, not because you were married to the father.  You need confidence in what is the right thing to do.  The right thing, may or may not assure your success.  Actions have consequences.  All you can do is all you can do.

Edited October 16 by pushbrk

[thesheikhs17 0]

7 minutes ago, pushbrk said:

Yes, it will be a conflict, but not to worry.  Get your mind around the fact that you cannot hide the truth.  The Consular Officer will know the whole story, because there is no way to hide it.  You must disclose all marriages and divorces.  Even if you tried to hide the first marriage and divorce to the US Citizen, they would know because they know you couldn't live together in the UAE without a marriage certificate.  The truth is what the truth is.  Own it.  You have no other choice.

 

If asked, you explain by telling the truth.  You realized your first marriage to your current husband was not valid, and you did what you needed to do to fix it.

Adding that your son is a US Citizen because his father is, not because you were married to the father.  You need confidence in what is the right thing to do.  The right thing, may or may not assure your success.  Actions have consequences.  All you can do is all you can do.

Thank you. I guess we'll never know until Id gone through it.. I will give an update once I talked to an Immigration lawyer, things is I dont know one 😅 so i will still need to do some research.

[pushbrk 12,870]

Just now, thesheikhs17 said:

Thank you. I guess we'll never know until Id gone through it.. I will give an update once I talked to an Immigration lawyer, things is I dont know one 😅 so i will still need to do some research.

You need to know that the first action related to immigration is taken by the US Citizen, not the foreign spouse.  Start by having a valid marriage to a US Citizen.

 

[Theersink 20]

I was simply stating the whole picture. I am aware the US will recognize divorce even if the Philippines will not. However there is a bigger issue than just divorcing and filing a petition.

 

The issue still remains that you are married according to the UAE, getting a divorce IN the UAE for a marriage that is not to your current known husband is going to throw up flags IN the UAE. They are not tolerant of foreigners breaking their laws and their family based laws are punished harshly, especially for women. I would strongly caution doing anything within the UAE until you have researched this aspect or you could potentially find yourself with worse problems than you have now. This is actually your biggest problem in my view. You might be able to get away with it by divorcing your current husband first but then you lose cohabitation. If you try to file divorce for your past husband they will then know that you illegally married under false pretenses to commit fraud in the UAE. I am assuming here you had to file something that proved you were married with the UAE to cohabitate. This part has absolutely nothing to do with the US or immigration sponsorship. This could also potentially involve your spouse (although he is male and legally can marry more than one but it is the fraud that would concern me), now he could get help from the US embassy but when they find out you are not legally married you would be on your own. You are residing in their country so are subject to their laws. I would consult more than an immigration lawyer and be very educated on what you could potentially open up pursuing a divorce.

 

Hence why I suggested starting the process in a country you have not broken a law in. They are not likely to catch the double marriage or by the time they did your divorce would likely be final and not matter.

 

Edited October 16 by Theersink