I-129F March 2017 Filers #2 Cause we are awesome

[AnJ Co 1,676]

4 hours ago, Naini said:

Hello March filers! i have a question. I just submitted an RFE to USCIS.  My fiance got married and divorced in UNited Kingdom. Unfortunately, when he was married to his now ex-wife, they registered the marriage in the Philippines.  

 

Since the divorce was finalized in United Kingdom two years ago, my question is, does the USCIS accept that decree despite that it was also registered in the Philippines. 

Secondly, will they look for a CENOMAR (certificate of No Marriage)? 

Third, do we need to file an annulment in the Philippines for the registered marriage? 

 

The marriage took place in the UK and the divorce was filed and finalized in UK as well.

 

Since the divorce was finalized in United Kingdom two years ago, my question is, does the USCIS accept that decree despite that it was also registered in the Philippines. I haven't heard of a similar case however, it stands to reason that the registration in the PH was merely a courtesy to the NSO that also allows the PH resident to use their married name on their renewal passport.  Since your F didn't have a name change this wouldn't be applicable, but that is about the only benefit of registering your marriage with the NSO, that I am aware of.  The registration is just informing NSO that you got married and isn't anything other than that.

Secondly, will they look for a CENOMAR (certificate of No Marriage)?  Yes, He will need a CENOMAR.  Everyone needs one.  The CENOMAR may reflect the prior marriage however the Divorce Decree from the UK should also be submitted clipped to the CENOMAR.  

Third, do we need to file an annulment in the Philippines for the registered marriage?   I think the Divorce Decree from the UK with the CENOMAR should be all you need.  The C O can reasonably tell by the dates and names on the CENOMAR and Divorce Decree that he is legally free to marry.

 

The marriage took place in the UK and the divorce was filed and finalized in UK as well.

This is a fairly difficult situation to weigh in on.  If I am wrong, then I want you to know asap.  I'm also tagging @Hank_ to see if he has ever heard of this before.  I know how difficult divorce is in the PH, and his experience may help alot.

 

Best of luck to you  

[Naini 45]

11 minutes ago, AnJ Co said:

Since the divorce was finalized in United Kingdom two years ago, my question is, does the USCIS accept that decree despite that it was also registered in the Philippines. I haven't heard of a similar case however, it stands to reason that the registration in the PH was merely a courtesy to the NSO that also allows the PH resident to use their married name on their renewal passport.  Since your F didn't have a name change this wouldn't be applicable, but that is about the only benefit of registering your marriage with the NSO, that I am aware of.  The registration is just informing NSO that you got married and isn't anything other than that.

Secondly, will they look for a CENOMAR (certificate of No Marriage)?  Yes, He will need a CENOMAR.  Everyone needs one.  The CENOMAR may reflect the prior marriage however the Divorce Decree from the UK should also be submitted clipped to the CENOMAR.  

Third, do we need to file an annulment in the Philippines for the registered marriage?   I think the Divorce Decree from the UK with the CENOMAR should be all you need.  The C O can reasonably tell by the dates and names on the CENOMAR and Divorce Decree that he is legally free to marry.

 

The marriage took place in the UK and the divorce was filed and finalized in UK as well.

This is a fairly difficult situation to weigh in on.  If I am wrong, then I want you to know asap.  I'm also tagging @Hank_ to see if he has ever heard of this before.  I know how difficult divorce is in the PH, and his experience may help alot.

 

Best of luck to you  

Thank you so much for the info. We started talking to a lawyer in the Philippines and he basically said takes a year and half or even linger for the annulment especially that they were both Filipino citizens when they got married and when their decree was finalized.

 

it sucks that the legal system in the Philippines does not necessarily recognized dissolve marriages from foreign countries.

 

Thank you for your information! Hopefully it all goes well. 

[AnJ Co 1,676]

1 minute ago, Naini said:

Thank you so much for the info. We started talking to a lawyer in the Philippines and he basically said takes a year and half or even linger for the annulment especially that they were both Filipino citizens when they got married and when their decree was finalized.

 

it sucks that the legal system in the Philippines does not necessarily recognized dissolve marriages from foreign countries.

 

Thank you for your information! Hopefully it all goes well. 

That's the PH gov't for you, trying to reach beyond their jurisdiction.  If the marriage was under UK law, and ended under UK law, you wonder where their precedence lies in that they have some kind of authority over the matter.  Further, I wonder what the US Consul will say?  Seems like an open and shut case to me that he is legally free to marry.  Hopefully Hank has some insight.....

[gob332 420]

What a trip it has been! Married as of Saturday!

 

 

[pajobra 1,395]

1 minute ago, gob332 said:

What a trip it has been! Married as of Saturday!

 

 

Oh you guys are soooo cute.  What a lovely couple you make. Congratulations.

 

In other news. I went and visited my 95 year old grandpa today since this will be the last time I see him before I go. He told me he wasn't going anywhere anytime soon and that Chris and I should come visit him next year. lol He turns 96 years old on January 2nd. I was a bit worried because we had a snowstorm in the forecast for Thursday and Friday in my area but now its lessened to a snow flurry Thursday of only 2cm. Whew. My POE should still be this Saturday the 28th. My last day of work is This Wednesday. I am pretty much ready to go packed the last of my stuff except my clothes I am wearing this week and some blankets that I will wash with my clothes on Friday. Friday night I will unhook my computer and take out the graphics card and stuff the tower full of stuff to cushion the motherboard. Might unseat the hard drive too although I am surprised its still working its 12 years old. LOL Then early Saturday morning I will get up chase my cat around my room and get her into her carrier. She is NOT going to be a happy camper but once we are on the road she will settle. lol My POE will be at the International Peace Garden 24 hour border crossing between Manitoba and North Dakota. If you have never gone to the International Peace Garden I wholly recommend it. We have gone every year as kids and I recently went with my Mum and Aunt. The Garden is sooo lovely and really makes you appreciate the peace between Canada and the United States. 

[Hank_ 9,173]

7 hours ago, AnJ Co said:

Since the divorce was finalized in United Kingdom two years ago, my question is, does the USCIS accept that decree despite that it was also registered in the Philippines. I haven't heard of a similar case however, it stands to reason that the registration in the PH was merely a courtesy to the NSO that also allows the PH resident to use their married name on their renewal passport.  Since your F didn't have a name change this wouldn't be applicable, but that is about the only benefit of registering your marriage with the NSO, that I am aware of.  The registration is just informing NSO that you got married and isn't anything other than that.

Secondly, will they look for a CENOMAR (certificate of No Marriage)?  Yes, He will need a CENOMAR.  Everyone needs one.  The CENOMAR may reflect the prior marriage however the Divorce Decree from the UK should also be submitted clipped to the CENOMAR.  

Third, do we need to file an annulment in the Philippines for the registered marriage?   I think the Divorce Decree from the UK with the CENOMAR should be all you need.  The C O can reasonably tell by the dates and names on the CENOMAR and Divorce Decree that he is legally free to marry.

 

The marriage took place in the UK and the divorce was filed and finalized in UK as well.

This is a fairly difficult situation to weigh in on.  If I am wrong, then I want you to know asap.  I'm also tagging @Hank_ to see if he has ever heard of this before.  I know how difficult divorce is in the PH, and his experience may help alot.

 

Best of luck to you  

Yes USCIS will accept the UK divorce decree, divorce is accepted in the USA    (Philippines is a different animal for sure in this regard)

 

No issue with the married being recorded with NSO/PSA in the Philippines, during the visa application process at USEM a CENOMAR is required, PSA will provide a CEMAR (Advisory of Marriage) showing the marriage, but the divorce decree TRUMPS that.   You don't need to "clip" the divorce decree to the CEMAR just include a copy, the same as you must for USCIS and the petition process (USCIS doesn't want a CENOMAR/CEMAR.. just to note)

 

This is a fairly common event, if you peruse the Philippine forum you will find a fair number that were still "married" according to the Philippines records (PSA/NSO), yet had their divorce decree from another country, none had issues.. and got their visas.    None had issue with CFO either.

 

 

 

7 hours ago, Naini said:

Thank you so much for the info. We started talking to a lawyer in the Philippines and he basically said takes a year and half or even linger for the annulment especially that they were both Filipino citizens when they got married and when their decree was finalized.

 

it sucks that the legal system in the Philippines does not necessarily recognized dissolve marriages from foreign countries.

 

Thank you for your information! Hopefully it all goes well. 

Annulment is NOT needed for the U.S. visa process, the divorce decree from the UK is all that is needed.  Don't worry about the CENOMAR status in the Philippines showing married.   Don't waste your time or your money on this, unless you want to get married in the Philippines

 

Just a suggestion, but it is best to start a new topic rather than hi-jack an existing topic    

 

http://www.visajourney.com/forums/forum/129-philippines/

 

 

 

 

 

Edited October 24, 2017 by Hank_

[twoDs 590]

16 minutes ago, pajobra said:

Oh you guys are soooo cute.  What a lovely couple you make. Congratulations.

 

In other news. I went and visited my 95 year old grandpa today since this will be the last time I see him before I go. He told me he wasn't going anywhere anytime soon and that Chris and I should come visit him next year. lol He turns 96 years old on January 2nd. I was a bit worried because we had a snowstorm in the forecast for Thursday and Friday in my area but now its lessened to a snow flurry Thursday of only 2cm. Whew. My POE should still be this Saturday the 28th. My last day of work is This Wednesday. I am pretty much ready to go packed the last of my stuff except my clothes I am wearing this week and some blankets that I will wash with my clothes on Friday. Friday night I will unhook my computer and take out the graphics card and stuff the tower full of stuff to cushion the motherboard. Might unseat the hard drive too although I am surprised its still working its 12 years old. LOL Then early Saturday morning I will get up chase my cat around my room and get her into her carrier. She is NOT going to be a happy camper but once we are on the road she will settle. lol My POE will be at the International Peace Garden 24 hour border crossing between Manitoba and North Dakota. If you have never gone to the International Peace Garden I wholly recommend it. We have gone every year as kids and I recently went with my Mum and Aunt. The Garden is sooo lovely and really makes you appreciate the peace between Canada and the United States. 

Wow, POE in just five more days! When did your passport/visa show up?

 

If kitty gets too hyped up, you can give them benedryl (lots of information on the web, it's usually 1mg per pound and typically 1/3 or 1/2 a tablet.) I've had to do that with mine a couple times.

 

The bride to be picked up her medical results today, and 34 hours from now we should know if the visa will be issued. Scary times but we've gone over the paperwork about a dozen times now.

[pajobra 1,395]

Just now, twoDs said:

Wow, POE in just five more days! When did your passport/visa show up?

 

If kitty gets too hyped up, you can give them benedryl (lots of information on the web, it's usually 1mg per pound and typically 1/3 or 1/2 a tablet.) I've had to do that with mine a couple times.

 

The bride to be picked up her medical results today, and 34 hours from now we should know if the visa will be issued. Scary times but we've gone over the paperwork about a dozen times now.

My passport/visa showed up the Monday after the interview. It was issued the day after the interview. Fast Fast Fast seems to be the norm since Montreal went paperless well as paperless as three million piece of paper we give them. 

 

Never thought about the benedryl I will look into that.

 

Woohoo the interview will be a piece of cake if you have all your ducks in a row and I am positive you both do.  Good luck. I sure can't wait to hear the WOOHOO I am sure to hear it here in Manitoba.  HA 

[twoDs 590]

8 minutes ago, pajobra said:

My passport/visa showed up the Monday after the interview. It was issued the day after the interview. Fast Fast Fast seems to be the norm since Montreal went paperless well as paperless as three million piece of paper we give them. 

 

Never thought about the benedryl I will look into that.

 

Woohoo the interview will be a piece of cake if you have all your ducks in a row and I am positive you both do.  Good luck. I sure can't wait to hear the WOOHOO I am sure to hear it here in Manitoba.  HA 

Honestly I think we'll both just break down in exhaustion rather than scream. This process had drained the fun right out of everything!

One of the things we're both looking forward to is a simple, boring night at home, together. No lawyer meetings, no deadlines, no paperwork. Just us an a scrabble board or a stupid comedy movie on TV with the cat sleeping next to us on the couch.

[pajobra 1,395]

4 minutes ago, twoDs said:

Honestly I think we'll both just break down in exhaustion rather than scream. This process had drained the fun right out of everything!

One of the things we're both looking forward to is a simple, boring night at home, together. No lawyer meetings, no deadlines, no paperwork. Just us an a scrabble board or a stupid comedy movie on TV with the cat sleeping next to us on the couch.

I hear ya there for sure on it being so draining but it feels so good to hear you are approved.

 

Funny what you described is exactly what me and my fiance look forward to. Basically just being. lol I also told him we need a scrabble board. We already have several great board games good for two people. LOL Scrabble is one of my favs though and he likes it too so I think that will be our next couple purchase. You know I live in a small town when they take up collection to give me money in lieu of a bridal shower. Mum said they told her that they would give it to her probably next week so that she could put it in my canadian bank account. LOL I have already received 225 american from various cards from people in the community congratulating me on my upcoming marriage. So Chris and I decided that we will purchase an Instant Pot because I want to get in on that craze. ha well that and I used my friends and fell in love with it. I also need a coffee maker because Chris doesn't drink coffee but I do. lol So if there is more money maybe we will use some to purchase a scrabble board. Yesterday was our fall smorg in my village and I was working in the kitchen washing cutlery and I swear like 100 people came up to congratulate me and give me hugs. LMAO I think almost every one of them said oh your Mum is going to miss you so much. The thing about living in a village of 335 people is that EVERYONE KNOWS YOUR BUSINESS. ha I will certainly be glad to be going to a city again. Not that I don't love the village I grew up in. lol When I drove back from Winnipeg to my village I stared at the landscape and thought this is the last time I will make this drive for a very very long time and I teared up some. I am a prairie girl and I always will be. I love the mountains though but you can't take the prairie out of the girl. lol

[twoDs 590]

5 minutes ago, pajobra said:

I hear ya there for sure on it being so draining but it feels so good to hear you are approved.

 

Funny what you described is exactly what me and my fiance look forward to. Basically just being. lol I also told him we need a scrabble board. We already have several great board games good for two people. LOL Scrabble is one of my favs though and he likes it too so I think that will be our next couple purchase. You know I live in a small town when they take up collection to give me money in lieu of a bridal shower. Mum said they told her that they would give it to her probably next week so that she could put it in my canadian bank account. LOL I have already received 225 american from various cards from people in the community congratulating me on my upcoming marriage. So Chris and I decided that we will purchase an Instant Pot because I want to get in on that craze. ha well that and I used my friends and fell in love with it. I also need a coffee maker because Chris doesn't drink coffee but I do. lol So if there is more money maybe we will use some to purchase a scrabble board. Yesterday was our fall smorg in my village and I was working in the kitchen washing cutlery and I swear like 100 people came up to congratulate me and give me hugs. LMAO I think almost every one of them said oh your Mum is going to miss you so much. The thing about living in a village of 335 people is that EVERYONE KNOWS YOUR BUSINESS. ha I will certainly be glad to be going to a city again. Not that I don't love the village I grew up in. lol When I drove back from Winnipeg to my village I stared at the landscape and thought this is the last time I will make this drive for a very very long time and I teared up some. I am a prairie girl and I always will be. I love the mountains though but you can't take the prairie out of the girl. lol

lol! One of the bride's last purchases during her last month-long stay here was an instant pot! They must really market those things in Canada because I'd never heard of them here.

 

I am sure your mom will miss you. In preparation for the move I sent the fiancee some extra money so mom could join her for a last vacation during the stay in Montreal while waiting for the medical. They've been touring the city the past few days and having heart to heart chats about her looming departure to the US.

 

I know not being able to visit her mom while AOS processes bothers her, so I'm hoping it happens speedily, and I've been trying to get the house as welcoming for her as possible. It's hard to put myself in the shoes of someone not only leaving their home town, but home country and family behind with the intent to go live with someone forever, so the least I can do is make life as easy as possible on arrival.

 

I live in a small town but it's easily 20 times the size of yours! I can't imagine! Still it must be nice to be recognized by so many and get well-wishes from everyone where you live!

[Naini 45]

1 hour ago, Hank_ said:

Yes USCIS will accept the UK divorce decree, divorce is accepted in the USA    (Philippines is a different animal for sure in this regard)

 

No issue with the married being recorded with NSO/PSA in the Philippines, during the visa application process at USEM a CENOMAR is required, PSA will provide a CEMAR (Advisory of Marriage) showing the marriage, but the divorce decree TRUMPS that.   You don't need to "clip" the divorce decree to the CEMAR just include a copy, the same as you must for USCIS and the petition process (USCIS doesn't want a CENOMAR/CEMAR.. just to note)

 

This is a fairly common event, if you peruse the Philippine forum you will find a fair number that were still "married" according to the Philippines records (PSA/NSO), yet had their divorce decree from another country, none had issues.. and got their visas.    None had issue with CFO either.

 

 

 

Annulment is NOT needed for the U.S. visa process, the divorce decree from the UK is all that is needed.  Don't worry about the CENOMAR status in the Philippines showing married.   Don't waste your time or your money on this, unless you want to get married in the Philippines

 

Just a suggestion, but it is best to start a new topic rather than hi-jack an existing topic    

 

http://www.visajourney.com/forums/forum/129-philippines/

 

 

 

 

 

Thanks Hank_ 

 

good to know all these info!

[Hank_ 9,173]

4 hours ago, Naini said:

Thanks Hank_ 

 

good to know all these info!

More info available from the link in my signature below.

[Mgwlkr 41]

14 hours ago, AnJ Co said:

Congrats on the interview date.  That's just 2 weeks away.  I would just take that date, as the embassy seems to have a system for scheduling when they want you there.  Kinda strange system they seem to have, but if you are of a mind to change it, just call or email the embassy and ask.

 

Ongoing Relationship:  Understandable that travel so far away is prohibitive with kids, and school schedules, etc.  Not a problem, but you could document the fact that travel to see him in the interim wasn't possible in a newer letter of intent to marry in 90 days......  To show ongoing relationship, print, starting from when your petition was filed, a sample of communications between you.  If texting by whatsapp, you could email your conversations and snip out a sample of some.  Some people recommend one from each week.  If Skype, just screenshot and print the end of call summaries.  Emails are also relevant.  Just show that you have maintained the relationship throughout the period of NOA1 thru Embassy.

 

Best of luck to you..... I'll be looking for your big announcement in the next 2 weeks    

 

 

Wow.  Thank you for the super detailed response.    That should be no problem he has my new letter of intent and we talk every single day 

[pajobra 1,395]

9 hours ago, twoDs said:

lol! One of the bride's last purchases during her last month-long stay here was an instant pot! They must really market those things in Canada because I'd never heard of them here.

 

I am sure your mom will miss you. In preparation for the move I sent the fiancee some extra money so mom could join her for a last vacation during the stay in Montreal while waiting for the medical. They've been touring the city the past few days and having heart to heart chats about her looming departure to the US.

 

I know not being able to visit her mom while AOS processes bothers her, so I'm hoping it happens speedily, and I've been trying to get the house as welcoming for her as possible. It's hard to put myself in the shoes of someone not only leaving their home town, but home country and family behind with the intent to go live with someone forever, so the least I can do is make life as easy as possible on arrival.

 

I live in a small town but it's easily 20 times the size of yours! I can't imagine! Still it must be nice to be recognized by so many and get well-wishes from everyone where you live!

Ha ok you two are so much alike with my fiance and I. Regarding the instant pot it is a Canadian made product but its craze is all over the USA too. Instant Pot has a Facebook page and users share recipes etc I joined it after really wanting one. One of my friends has two of them and would love another. LMAO She is in Texas.

 

Aww that was sooo sweet of you to send extra money for the Mom to join her too. I was lucky my Mum paid for the entire Montreal trip as a wedding gift to me and Chris. She said our process was expensive enough without that added to it. It was great for her and I to have this last vacation together. I am super close with my Mum and the closer to POE it gets the happier yet kinda sad too I get. It is a weird feeling. I understand the heart to heart chats Mum and I had quite a few of those. My Mum waited in the underground shopping place nearby while I had my interview and after I texted her that I had been approved I went to look for her. Found her in the food court crying with happiness and sadness. She was happy for me but sad too because I was leaving her. 

 

Yeah its especially hard not being able to visit. Chris and I have a few trips planned and coming up to visit my family is one of them especially with my grandfather turning 96. Not sure how long he will be around. His health is really good but his body is deteriorating. My grandpa still has his mind and is sharp as ever. I have been recording videos of him chatting as I get him telling me how he met Grandma, his time in World War II etc...He is legally blind now but doesn't let that stop him. He lives in a seniors residence in his own apartment. Home care comes in and helps him with meds and cleaning but that is it. There is a cafeteria in the residence so he eats there but has a small kitchen. I hope I am just as amazing if I make it to that age.

 

HA yeah everyone is like holy that is small. Our smallest graduating class was 1 kid. There were 6 in my graduating class many many years ago and one was an exchange student. lol