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VisaJourney.com > Family & Marriage Based Immigration (K1, K3, IR1, etc) to the USA > K-3 Spouse Visa Process & Procedures  |
 Nov 7 2009, 07:51 AM
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#1
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Junior Member  Group: Members Joined: 3-December 08 From: philippines Filed for: K-1 Local Office Local Office: Vermont Country: Philippines 
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My friend and her fiance got married in the Philippines and after that they filed a k3 visa.When her visa interview was approaching,she found out that her hubby has another woman from europe and told her that they will get married in europe so my friend canceled it.Do you think they can legally marry in europe even if the guy got first married to my friend in the Philippines?Do you think the guy can bring the new girl in the US?Is the marriage in the Philippines not valid in the US even if it was legal?I really felt pity for my friend.Does she need to report their marriage in the US government?Can she ask financial support form her husband even if they are not together?her hubby said they will file separation...Her hubby's reason said that his parents doesn't like her.But i don't think it's correct to divorce her for that simple reason..what's the best thing to do?I need legal advice regarding this issue too..hope i can hear something for u guys..thanks...
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Nov 7 2009, 08:17 AM
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#2
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Newbie Group: Members Joined: 24-August 09 Filed for: CR-1/IR-1 N/A Country: Philippines
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hello,
just curious why she cancel her interview she dont have to she had the right because she is the first wife and all the papers are complete and the evidence and if the husband say they file separation she better go for annulment because seperation can't marry again because divorce is not legal in philippines. am so sorry to hear about what happen to your friend.. and she better consult a lawyer about her situation and give a legal advise and guidlines on what she better do.. she had to fight for what she have dont let her be a victim . hope it helps god bless |
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Nov 7 2009, 09:25 AM
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#3
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Platinum Member  Group: Members Joined: 24-August 08 From: Canada Filed for: CR-1/IR-1 Vermont Service Center Country: Canada 
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Forgive me, but if your friend's husband filed a petition for a K-3 for her, doesn't the US government already know he's married to a woman in the Philippines? He cannot simply forget about this marriage and marry another girl.
I agree, it is probably a good idea to contact a lawyer to figure this out. Good luck. -------------------- USCIS
August 12, 2008 - petition sent August 16, 2008 - NOA-1 February 10, 2009 - NOA-2 178 DAYS FROM NOA-1 NVC February 13, 2009 - NVC case number assigned March 12, 2009 - Case Complete 25 DAY TRIP THROUGH NVC Medical May 4, 2009 Interview May, 26, 2009 POE - June 20, 2009 Toronto - Atlanta, GA |
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Nov 7 2009, 10:16 AM
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#4
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 Straight Talk Member  Group: Members Joined: 13-November 05 From: Vancouver Filed for: AOS (approved) California Service Center Local Office: Spokane Country: China 
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QUOTE (n_deep_jen @ Nov 7 2009, 04:51 AM)  My friend and her fiance got married in the Philippines and after that they filed a k3 visa.When her visa interview was approaching,she found out that her hubby has another woman from europe and told her that they will get married in europe so my friend canceled it.Do you think they can legally marry in europe even if the guy got first married to my friend in the Philippines?Do you think the guy can bring the new girl in the US?Is the marriage in the Philippines not valid in the US even if it was legal?I really felt pity for my friend.Does she need to report their marriage in the US government?Can she ask financial support form her husband even if they are not together?her hubby said they will file separation...Her hubby's reason said that his parents doesn't like her.But i don't think it's correct to divorce her for that simple reason..what's the best thing to do?I need legal advice regarding this issue too..hope i can hear something for u guys..thanks... First, no "legal advice" is available here. However, there is nothing your friend can do to control the behavior of her husband. They will either work out their relationship and stay together or they won't. In most US States, a person can divorce their spouse for no more reason than the "want to". Right and wrong are not factors in such matters. Newlyweds are generally not entitled to any spousal support in a divorce. If the marriage is over, the best outcome for your friend is for her husband to secure a divorce at his expense, so she doesn't have to go through an annulment process in the PI. |
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Nov 7 2009, 10:19 AM
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#5
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 Diamond Member  Group: Members Joined: 29-April 07 From: Illinois Filed for: AOS (approved) California Service Center Local Office: Chicago Country: Philippines
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The USC can file for a divorce in the US and it will be legal for him to remarry. Unfortunately, for the filipina she will still be married under Philippine laws as they do not recognize a US divorce. It will be a long and costly process for her to get an annulment. Contacting a lawyer/lawyers is strongly suggested.
-------------------- AOS
5/21/08 AOS package mailed to Chicago Lockbox 5/23/08 AOS package delivered and signed by V BUSTAMANTE 5/30/08 Check clears 6/03/08 ASC letter for biometrics on 6/20 8/04/08 EAD card production ordered. 8/15/08 EAD arrived in mail 9/30/08 Interview and AOS approval 10/9/08 Green card arrives in mail |
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Nov 7 2009, 10:22 AM
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#6
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 Member Group: Members Joined: 1-November 09 From: North Pole, Alaska...kuwait until january 2010 Filed for: CR-1/IR-1 Chicago Lockbox Country: Philippines
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that's too bad. I dont see how his parents would have even been able to make a decision on if they like her or not yet. Has he not been supporting her? He is legally married even in the US. He wont be able to apply for another visa and get it approved unless he divorces her first and has the decree. I know in some states one party can file for divorce and they just have to make an attempt to serve their partner. IF they show proof that they tried to serve the papers or the other one doesnt reply, they will have a hearing after 30 days and then the person filing will get all the terms they wanted in the divorce.
She does need to seek legal advice. She could be awarded support, but highly unlikely since they probably werent married long enough. She should have gone through the interview at least. It is amazing what some people do to others in this world! -------------------- 29 Aug 2009 -- Married in the Baliuag, Bulacan
05 Nov 2009 -- I-130 Sent from Kuwait APO 14 Nov 2009 -- signed for in Chicago verified online tracking 19 Nov 2009 -- email confirmation NOA -- got case number 20 Nov 2009 -- Called the military helpline to request expedited processing |
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Nov 7 2009, 10:24 AM
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#7
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Member Group: Members Joined: 1-November 09 From: North Pole, Alaska...kuwait until january 2010 Filed for: CR-1/IR-1 Chicago Lockbox Country: Philippines
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QUOTE (edp333 @ Nov 7 2009, 07:19 AM) The USC can file for a divorce in the US and it will be legal for him to remarry. Unfortunately, for the filipina she will still be married under Philippine laws as they do not recognize a US divorce. It will be a long and costly process for her to get an annulment. Contacting a lawyer/lawyers is strongly suggested. I dont think that is entirely true. If the USC files for divorce it is recognized as a divorce by the philippines.....if she filed, then it would not. that is what i have gotten from reading online. -------------------- 29 Aug 2009 -- Married in the Baliuag, Bulacan
05 Nov 2009 -- I-130 Sent from Kuwait APO 14 Nov 2009 -- signed for in Chicago verified online tracking 19 Nov 2009 -- email confirmation NOA -- got case number 20 Nov 2009 -- Called the military helpline to request expedited processing |
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Nov 7 2009, 12:25 PM
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#8
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Straight Talk Member Group: Members Joined: 13-November 05 From: Vancouver Filed for: AOS (approved) California Service Center Local Office: Spokane Country: China
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QUOTE (Scott and Mhay @ Nov 7 2009, 07:24 AM) QUOTE (edp333 @ Nov 7 2009, 07:19 AM) The USC can file for a divorce in the US and it will be legal for him to remarry. Unfortunately, for the filipina she will still be married under Philippine laws as they do not recognize a US divorce. It will be a long and costly process for her to get an annulment. Contacting a lawyer/lawyers is strongly suggested. I dont think that is entirely true. If the USC files for divorce it is recognized as a divorce by the philippines.....if she filed, then it would not. that is what i have gotten from reading online. That is correct. The Philippines DOES recognize a divorce obtained outside the PI. |
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Nov 7 2009, 01:00 PM
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#9
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Super Star Member  Group: Members Joined: 1-November 05 Filed for: Naturalization California Service Center Local Office: Da Kine Oahu! Country: Philippines
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QUOTE (pushbrk @ Nov 7 2009, 07:25 AM) QUOTE (Scott and Mhay @ Nov 7 2009, 07:24 AM) QUOTE (edp333 @ Nov 7 2009, 07:19 AM) The USC can file for a divorce in the US and it will be legal for him to remarry. Unfortunately, for the filipina she will still be married under Philippine laws as they do not recognize a US divorce. It will be a long and costly process for her to get an annulment. Contacting a lawyer/lawyers is strongly suggested. I dont think that is entirely true. If the USC files for divorce it is recognized as a divorce by the philippines.....if she filed, then it would not. that is what i have gotten from reading online. That is correct. The Philippines DOES recognize a divorce obtained outside the PI. Only if the petitioner initiates the divorce. It's not legal for the filipino to do so. Sort of tricky. Philippine government doesn't allow filipinos to divorce but consider they didn't divorce if the filipino citizen didn't initiate the divorce.  I "think" the "divorce" has to be registered at a Philippine consulate in the US. The record of such is then transfered to NSO in PI. I'm not sure of the exact logistics. -------------------- K1[Denied] K3/K4, CR-1. CR-2,, AOS, Adoption, I-751, N-400.
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Nov 7 2009, 03:13 PM
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#10
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Newbie Group: Members Joined: 18-August 09 From: Broken Arrow, OK Filed for: K-1 Vermont Service Center Local Office: Oklahoma City, OK Country: Philippines
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QUOTE (n_deep_jen @ Nov 7 2009, 06:51 AM) My friend and her fiance got married in the Philippines and after that they filed a k3 visa.When her visa interview was approaching,she found out that her hubby has another woman from europe and told her that they will get married in europe so my friend canceled it.Do you think they can legally marry in europe even if the guy got first married to my friend in the Philippines?Do you think the guy can bring the new girl in the US?Is the marriage in the Philippines not valid in the US even if it was legal?I really felt pity for my friend.Does she need to report their marriage in the US government?Can she ask financial support form her husband even if they are not together?her hubby said they will file separation...Her hubby's reason said that his parents doesn't like her.But i don't think it's correct to divorce her for that simple reason..what's the best thing to do?I need legal advice regarding this issue too..hope i can hear something for u guys..thanks... WHY WOULD SHE WANT HIM AFTER SOMETHING LIKE THIS ANYWAY!!! BE DONE WITH IT AND MOVE ON!!! 
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Nov 7 2009, 06:49 PM
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#11
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Straight Talk Member Group: Members Joined: 13-November 05 From: Vancouver Filed for: AOS (approved) California Service Center Local Office: Spokane Country: China
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QUOTE (TiklingOkie @ Nov 7 2009, 12:13 PM) QUOTE (n_deep_jen @ Nov 7 2009, 06:51 AM) My friend and her fiance got married in the Philippines and after that they filed a k3 visa.When her visa interview was approaching,she found out that her hubby has another woman from europe and told her that they will get married in europe so my friend canceled it.Do you think they can legally marry in europe even if the guy got first married to my friend in the Philippines?Do you think the guy can bring the new girl in the US?Is the marriage in the Philippines not valid in the US even if it was legal?I really felt pity for my friend.Does she need to report their marriage in the US government?Can she ask financial support form her husband even if they are not together?her hubby said they will file separation...Her hubby's reason said that his parents doesn't like her.But i don't think it's correct to divorce her for that simple reason..what's the best thing to do?I need legal advice regarding this issue too..hope i can hear something for u guys..thanks... WHY WOULD SHE WANT HIM AFTER SOMETHING LIKE THIS ANYWAY!!! BE DONE WITH IT AND MOVE ON!!! Fair enough but "being done with" a husband is not so simple for a Filipina. Him divorcing her simplifies things considerably. |
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Nov 8 2009, 12:09 AM
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#12
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Diamond Member Group: Members Joined: 29-April 07 From: Illinois Filed for: AOS (approved) California Service Center Local Office: Chicago Country: Philippines
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wikipedia is not considered a good source, but I did not take the time to search the phil website:
For example, if a legally married Filipino citizen obtains a divorce outside of the Philippines, that divorce would not be recognized inside the Philippines. If that person (now unmarried outside of the Philippines) then remarries outside of the Philippines, he or she could arguably be considered in the Philippines as having committed the crime of Bigamy under Philippine Laws]. The above complications will not arise if the legally married Filipino citizen obtains foreign citizenship first, then secures a foreign divorce decree. -------------------- AOS
5/21/08 AOS package mailed to Chicago Lockbox 5/23/08 AOS package delivered and signed by V BUSTAMANTE 5/30/08 Check clears 6/03/08 ASC letter for biometrics on 6/20 8/04/08 EAD card production ordered. 8/15/08 EAD arrived in mail 9/30/08 Interview and AOS approval 10/9/08 Green card arrives in mail |
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