Worried about CFO

[mrandmrstee 0]

Hi! This is my first time to post a topic but it has been a while that I've been browsing for answers in relation to the processing of my petition as a spouse of a USC (cr1) and for my kids (cr2). And it was very helpful to us. Let me just wrap up the introduction. Our petition was filed August of 2012 and after all the ins and outs of documents with the help of our preparer we already have the appointment interview on April of this year. I read a couple of topics regarding the CFO which honestly speaking made me worried about getting it after the visa issuance (hopefully). anyway, I was married here in the Philippines with a Filipino. We have been separated for 8 years (not legally) I filed my divorce in bermuda where I have worked and got married with My then fiancé who is a US citizen. The wedding ceremony was held in bermuda as well. Now I'm back home in the Philippines and waiting for the interview. I have inquired the Cfo office and told me that the divorce must be filed to be recognized in the Philippines and that it must be filed through a court proceedings. Upon reading the article 26 which she also told me, my case is different because I am and was married to a Filipino. And we are still both Filipino at this time. I have talked to a lawyer and same thing he told me that I can't file it in a local registry or in any court since I am a Filipino and I was married to a Filipino. Thus, there s no philippine law that cover the recognition of it. well, I am more worried with this than that of the US embassy interview. if anyone can enlighten me with this will be highly appreciated. is my divorce decree in original form and my authenticated by the Philippine embassy marriage certificate in original form as well enough for them to let me and my daughter undergo the seminar so as to be able to get the sticker from them?

[jhewell 1]

Hi! This is my first time to post a topic but it has been a while that I've been browsing for answers in relation to the processing of my petition as a spouse of a USC (cr1) and for my kids (cr2). And it was very helpful to us. Let me just wrap up the introduction. Our petition was filed August of 2012 and after all the ins and outs of documents with the help of our preparer we already have the appointment interview on April of this year. I read a couple of topics regarding the CFO which honestly speaking made me worried about getting it after the visa issuance (hopefully). anyway, I was married here in the Philippines with a Filipino. We have been separated for 8 years (not legally) I filed my divorce in bermuda where I have worked and got married with My then fiancé who is a US citizen. The wedding ceremony was held in bermuda as well. Now I'm back home in the Philippines and waiting for the interview. I have inquired the Cfo office and told me that the divorce must be filed to be recognized in the Philippines and that it must be filed through a court proceedings. Upon reading the article 26 which she also told me, my case is different because I am and was married to a Filipino. And we are still both Filipino at this time. I have talked to a lawyer and same thing he told me that I can't file it in a local registry or in any court since I am a Filipino and I was married to a Filipino. Thus, there s no philippine law that cover the recognition of it. well, I am more worried with this than that of the US embassy interview. if anyone can enlighten me with this will be highly appreciated. is my divorce decree in original form and my authenticated by the Philippine embassy marriage certificate in original form as well enough for them to let me and my daughter undergo the seminar so as to be able to get the sticker from them?

what is CFO? how did u get to bermuda? by tourist visa?

[mrandmrstee 0]

what is CFO? how did u get to bermuda? by tourist visa?

Commission on foreign affairs. Anyone that was granted a visa will undergo the seminar which CFO conducts. And if and when you have your visa with you, that's the only time that they give the sticker which you need inorder fir you to travel. I went to bermuda to work. Been a resident there for almost 5 years Thus anyone that is a resident for more than two years have the right to apply for the divorce.

Commission on foreign affairs. Anyone that was granted a visa will undergo the seminar which CFO conducts. And if and when you have your visa with you, that's the only time that they give the sticker which you need inorder fir you to travel. I went to bermuda to work. Been a resident there for almost 5 years Thus anyone that is a resident for more than two years have the right to apply for the divorce.

Sorry, commission on foreign overseas I should say.

[jhewell 1]

hmmmm yah i have gone to that seminar before and I guess you did also... thats why i wonder why you will have a problem there... they only conduct a seminar for you to get know how life in the USA and they dont have business to deny you of anything.... as long as your visa will be approve and thats it..... and forgive me for my question again, I'm not really good in geography.... where is bermuda? was it a U.S state or in a way a part of it? all i know know is the bermuda triangle,lol

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Philippines regional forum; topic is country specific.

[mrandmrstee 0]

hmmmm yah i have gone to that seminar before and I guess you did also... thats why i wonder why you will have a problem there... they only conduct a seminar for you to get know how life in the USA and they dont have business to deny you of anything.... as long as your visa will be approve and thats it..... and forgive me for my question again, I'm not really good in geography.... where is bermuda? was it a U.S state or in a way a part of it? all i know know is the bermuda triangle,lol

Hi! Upon reading some or most of the experiences that is cfo related makes me worry. According to them, They were practically strict and asked for a lot of requirements. Someone even said that before you can be able to attend a seminar, you need to first pass a very crucial interview. Sounds nerve racking? Lol! I'm kinda worried about the requirements and all. I made a call a few days back and the girl I talked to told me that the divorce needs to be recognized first otherwise my second marriage would be null and void under the Philippine law. I talked to a public attorney re this matter and he told me that It can't be done since that law (article 26) was done to protect Filipinos/filipinas from a failed marriage to a foreigner, and that the foreigner must be throne filing for the divorce. I couldn't fit in that category because I was married to a Filipino and I was the one who filed the divorce and I'm a Filipino as well. Oh well, I think I just have to go there and see. Anyway, bermuda is part of carribean island. It is a UK territory. There is premier not president. Under the government of queen Elizabeth. the location is actually just 2 hours off New York and 6 hours off London but still is a UK territory.

[Jon and Krissy 452]

Commission on foreign affairs. Anyone that was granted a visa will undergo the seminar which CFO conducts. And if and when you have your visa with you, that's the only time that they give the sticker which you need inorder fir you to travel. I went to bermuda to work. Been a resident there for almost 5 years Thus anyone that is a resident for more than two years have the right to apply for the divorce.

Sorry, commission on foreign overseas I should say.

Would you care to try for 'Commission on Filipinos Overseas'?

[mrandmrstee 0]

Would you care to try for 'Commission on Filipinos Overseas'?

Oh yes! Got mix up reading a lot about this judicial recognition of foreign divorce. Maybe you know something about the required docs for this matter if you read something similar case to this.

[jhewell 1]

yap its commission on filipinos overseas... your right they will never recognize the divorce you filed or approved in the Philippines BUT its is recognized here/abroad. Thanks for the info about bermuda...honestly, I dont think you will have a problem with CFO, as long as you have your visa approve, give them your passport listen for half a day of seminar which is useless in a way because I remember when I attend that seminar they fed us false information and after that they will attach the sticker....my thoughts to you..." Lets crossed the bridge when we get there" concentrate on your interview and deal with CFO later,Dont think too much of a problem that is not there yet... who knows there is not really a problem at all... Goodluck!!!

[Tahoma 2,292]

I agree with your lawyer: you won't be able to get a judicial recognition of your foreign divorce. Instead, you may need to get an annulment.

In my opinion, you won't have a problem with your visa approval at the U.S. Embassy Manila. However, you may have a problem with the CFO. If the CFO requires you to submit a CENOMAR, you won't be able to provide one. I have not seen a case exactly like yours here on VJ. I don't know if your CEMAR and your divorce decree together would be enough for the CFO to allow you to complete the CFO seminar and to grant you a CFO attendance certificate.

I'm thinking that you may want to attend the CFO seminar right away in order to find out if they will allow you to complete the CFO seminar and grant you a certificate of attendance. If they allow you to complete the CFO seminar and grant you a certificate of attendance, then you have no problem. You can go to your Embassy interview, get your visa approved, and return to the CFO for your CFO sticker.

On the other hand, if you go to the CFO seminar right away and they deny you, in my opinion, you may still have an option. Since you are on a spousal petition, I believe you can delay your Embassy interview for up to one year. If so, you can use that year to complete your annulment process. The Embassy routinely revalidates approved I-129F petitions for up to one year and I believe they will do so for your spousal petition too. I hope someone will correct me if I'm wrong about the spousal petition extension.

I realize that annulments take a long time. However, if it looks like you won't complete your annulment in the one-year period, toward the end of the one-year period you could go ahead and attend your Embassy interview. Then, after your visa is approved, you would still have six months from the date of your medical in which to use your visa. This process would potentially give you one-and-a-half years to get your annulment completed and filed with the NSO. Then you could get your CFO sticker.

Another thing, you could move back to Bermuda and interview at the U.S. Embassy which has jurisdiction over Bermuda. Once you had your visa, you could travel to the U.S. from Bermuda without needing the CFO seminar or the CFO sticker.

[madtownguy 164]

I could see that coming up at the interview, it would look odd to get married in Philippines, and divorced in Bermuda. Most people don't go to Bermuda thinking about divorce. I'm just thinking as I were looking at the case, if I got married in US I would get divorced there because I am a citizen. But if I married in Bermuda, it would only matter to that government the divorce. It would be a red flag to me that you went around your stricter marriage laws to get things done. I wish you the best, hopefully your interviewer will not be strict and CFO will look the other way.

[VanessaTony 3,567]

In my opinion, you won't have a problem with your visa approval at the U.S. Embassy Manila.

Wondering if you wouldn't mind answering a qn on the above for me.

In the past years I've been a member here, there's been many conversations about how it's illegal to divorce in the Philippines, that there's only annulment, that a Filipina/Filipino isn't considered divorced by Philippines law just by a divorce overseas, unless the USC petitioned it and there's a process to go through to get it recognised.

In the OP's case, they're both from the Philippines and she never had the divorce recognised or an annulment done.

So, here's my question. How will her visa approval not be a problem when by Philippines law she's a bigamist? i.e. married to the Filipino and this USC at the same time? What am I missing here? Won't she get a CEMAR and it'll say she's married to the Filipino? And isn't the CEMAR required for the CR-1/IR-1 interview? So how will her visa be approved? Just for future knowledge. thanks in advance

[Tahoma 2,292]

Wondering if you wouldn't mind answering a qn on the above for me.

In the past years I've been a member here, there's been many conversations about how it's illegal to divorce in the Philippines, that there's only annulment, that a Filipina/Filipino isn't considered divorced by Philippines law just by a divorce overseas, unless the USC petitioned it and there's a process to go through to get it recognised.

In the OP's case, they're both from the Philippines and she never had the divorce recognised or an annulment done.

So, here's my question. How will her visa approval not be a problem when by Philippines law she's a bigamist? i.e. married to the Filipino and this USC at the same time? What am I missing here? Won't she get a CEMAR and it'll say she's married to the Filipino? And isn't the CEMAR required for the CR-1/IR-1 interview? So how will her visa be approved? Just for future knowledge. thanks in advance

Hi Vanessa...

Her divorce won't be a problem in regard to getting a visa approval because the U.S. Embassy goes by U.S. law. U.S. law recognizes divorce. Under U.S. law, she's divorced and remarried. There's been several cases here on VJ that support this issue.

You're right: Her CEMAR will show her first marriage. However, her divorce decree will show her divorce from her first husband. The Embassy will approve her visa on the basis that, under U.S. law, she's divorced.

That being said, there are at least two remaining issues in a case like this. First, will the CFO ask for and accept her divorce decree? Second, of course she wouldn't be able to get married in the Philippines without first getting an annulment, but that's not an issue in her case.

[sunandmoon 450]

On the other hand, if you go to the CFO seminar right away and they deny you, in my opinion, you may still have an option. Since you are on a spousal petition, I believe you can delay your Embassy interview for up to one year. If so, you can use that year to complete your annulment process. The Embassy routinely revalidates approved I-129F petitions for up to one year and I believe they will do so for your spousal petition too. I hope someone will correct me if I'm wrong about the spousal petition extension.

I realize that annulments take a long time. However, if it looks like you won't complete your annulment in the one-year period, toward the end of the one-year period you could go ahead and attend your Embassy interview. Then, after your visa is approved, you would still have six months from the date of your medical in which to use your visa. This process would potentially give you one-and-a-half years to get your annulment completed and filed with the NSO. Then you could get your CFO sticker.

Another thing, you could move back to Bermuda and interview at the U.S. Embassy which has jurisdiction over Bermuda. Once you had your visa, you could travel to the U.S. from Bermuda without needing the CFO seminar or the CFO sticker.

I don't think an approved I-130 has an expiration date similar to the I-129f.

1. Validity of approved petition. 8 C.F.R. 204.2 (h) and § 205.

Unless terminated under INA § 203 (g) or revoked under 8 C.F.R. § 205, an approved immediate relative petition remains valid for the duration of the marriage between the U.S. citizen and foreign citizen.

http://www.state.gov/documents/organization/87848.pdf

http://www.tnvisabulletin.com/validity-of-i-130-petition/

agree that if Op was in Bermuda, CFO would be a moot point.

[Tahoma 2,292]

I don't think an approved I-130 has an expiration date similar to the I-129f.

1. Validity of approved petition. 8 C.F.R. 204.2 (h) and § 205.

Unless terminated under INA § 203 (g) or revoked under 8 C.F.R. § 205, an approved immediate relative petition remains valid for the duration of the marriage between the U.S. citizen and foreign citizen.

http://www.state.gov/documents/organization/87848.pdf

http://www.tnvisabulletin.com/validity-of-i-130-petition/

agree that if Op was in Bermuda, CFO would be a moot point.

Thanks, Roy.

If there's no expiration date on the I-130, it would certainly give the OP plenty of time to get an annulment if she ended up needing one.

An alternative to returning to Bermuda for her interview might be, when she receives her visa in 'pinas, she could travel to a country which doesn't require a Filipino to have a visa. Then, fly from that country to the U.S. However, I've read that it doesn't always work because the authorities at NAIA might not allow her to leave when they notice the U.S. visa in her passport. Just saying...