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Keith&Alma

Will Hong Kong divorce of Filipino get K1 visa approval at US Hong Kong consulate?

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The long back ground is this. I, the petitioner for the I-129f K1 visa am in the US and want to bring my Filipino fiance to the US. She is working legally in HK so is going to HK consulate. We started the visa process in 2013 and withdrew it after finding out her marriage many years ago was legally recorded. After finding out that the CENOMAR would not be acceptable we withdrew the visa petition(s) .She has since obtained a divorce in Hong Kong. The former husband is not disputing or fighting any divorce or annulment procedure. The annulment process was begun 12/2013 and is ongoing, with a minimum of 2 more court appearances and at least 4-8 more months.

We have begun a second K1 visa, I have NOA2 and she has (after NVC) received papers from HK consulate I know that the US web site says that all Filipino citizens must have annulment for CENOMAR approval of visa. Some acquaintances in the exact same situation have recently gotten approval (last 6 months) with only a divorce certificate. We don't want to jeopardize the visa process, but of course, want her here soon as possible.

Does anyone know if this will be approved with Phillipine CENOMAR recorded as marriage with the divorce certificate presented?

IF NOT:

In some cases cited on VJ when other types of paperwork are missing, the approval is granted and visa is issued upon submittal of necessary paperwork. Is it possible in this case that approval may be granted and visa issued later upon CENOMAR presented after annulment?

I could ask an attorney but feel that I will get only the correct legal answers.

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The United States (USCIS, NVC, DOS) will recognize your fiancee's divorce once the decree is issued, no problem there as long as you did not file the petition until after receiving the divorce decree. As far as the embassy is concerned the divorce decree trumps the CENOMAR for proof of singleness. As for the Philippines they will not recognize the divorce because your fiancee filed for the divorce, but you are aware of this which is why you are pursuing the annulment process.

You do not need the annulment to complete your visa application, being you have a valid divorce decree. The embassy most likely will still want a recent CENOMAR, but with the divorce decree in hand I don't see an issue.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

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*** Thread moved from K-1 Process forum to the Embassy/Consulate forum -- topic involves that phase. ***


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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