hello people

im planning to petition my fiancee in the philippines very soon, but i have concerns about her being widowed and her marriage to her late husband was never registered (they had an muslim marriage ceremony). also they had 2 minor kids which also use their father's last name. being the marriage ceremony was never registered, my fiancee did not used her late husband's last name.

my question is.....would that raise red flags? will my fiancee have problem getting her kids here in the states? if yes, how can she fix this?

and also i was reading ahead about ds-156k, im kind of confused about the requirements....does she still need to get a marriage certificate copy or the death certificate copy of her late husband is sufficient? or does she need both?

thanks in advance

eddie


btw visa journey rocks!

Obtain both the marriage certificate and her deceased husband's death certificate. That should be enough proof that the marriage was terminated by his death.

Even before his death, she has the right not to use his surname so I believe that should not pose any problem. As for her kids, she being the surviving parent and has sole custody of them, there should be no problem in bringing them here with her under a K2 visa.

Welcome to VJ and goodluck on the journey.

well......she never got married so my fiancee doesnt have a marriage certificate. does she really need both? if the guy is dead then theres no reason for
the marriage certificate, right?

and thanks for replying jom!

I thought she signed a marriage contract after their muslim wedding. I guess, no need to obtain it since it doesn't even exist But do obtain the death certificate, after all, by muslim rites, they were married. One of the questions in the Biographic information is if she has been married and I believe telling the truth about it , even if it was not registered is the best thing to do. Anyway, the death terminated the union and she is legally capacitated to enter into marrriage with you.

Goodluck!!

i was thinking of going that route. so going back to ds-156k requirement....does my fiancee still need provide both marriage cert and her husband's death cert? if both needed, then me and my fiancee are screwed.

If your fiancee's marriage was not registered, then the marriage doesn't legally exist and she is legally able to marry any man she wants. Since the marriage doesn't exist she doesn't need her husband's death certificate. If you want to file for K-1 all you need to do is to request from NSO the CENOMAR (Certificate of Non Marriage), this alone will prove that she's never been married and legally able to marry you.

hi spidergirl.

she has kids, also her kids used their dad's last name. and on their birth certificates.....section #18(date and place of marriage of parents) was filled out. so it showed my fiancee was married.

bump! help anybody?

everything would have been easy but we also want her kids to go to the states.

i posted another thread about my ds-156k dilemma

http://www.visajourney.com/forums/index.php?showtopic=125055

i just want to confirm with you guys here if its ok for my fiancee to only provide the death certificate

Since on the BC of her kids the date of marriage was entered there , she might as well be considered as married before.

Her documents must not be contrary to each other with regards to entries.

Spidergirl has a point, I even thought about that but you wrote that the children used their deceased father's surname. Since it was not registered as you said and no marriage certificate was signed, I believe the death certificate would suffice. After all, with regards to her kids, she has to justify the entries of date of marriage on their BC so she might as well tell the truth.After all, she did get married . As ive pointed out, at this point of time ,she is a widow and has no legal impediment to marry you.

Did she sign a marriage contract? She might have signed one but just didn't register it.

Can you ask her if under muslim rights, they need to register their marriage? If not, then they just followed the norm of the culture.

Myla

nope



i will. but im guessing its standard procedure in philippines no matter what your religion is, right?

thanks myla.

I'd have her apply to NSO for a CENOMAR before you/she does anything and see what pops up. Have her go for her/kids BCs also. Going to need them anyway. Get 3 copies while she's at it. Get fathers death cert also.

she has her cenomar, definitely single. she is getting her kid's BC and her late husband's death certificate this week.

thanks haole

You are good to go!! Goodluck

thanks everybody! i appreciate all your help. ill keep you guys updated on my situation.

eddie