Recent divorce red flag

[jayhoneyche 1]

ok here's my story..I was married to a USC in 2002,we got married in the Philippines,I came here in 2004 via spouse visa,marriage was entered in good faith.we loved each other so much,when I came here In 2004, I have learned that he had a baby with other woman,while I was still in the Philippines he had an affair.I accepted that beacuse I loved him..we tried our best to saved the marriage but it's not working out anymore..he's not in love with me anymore

Since January of 2008 we have been living separately..he filed the divorce in august 2008, a month after I got my citizenship.

I was really heartbroken.

In September of 2008, I started talking to my old friend who is my fiancé now..we knew each other wayback 1995,we were classmates in highschool but lost touch after graduation.he saw me in a social network and from then on we started talking,to make the long story short we liked each other and fell in love.

I went to the philipines to and stayed with him for 2months.from January -march.

My divorced was final in February.

I filed the petition when I came back,we are still waiting for our NOA2.I'm planning to be with him on his interview to give support.My question is besides the proofs of our ongoing relationship what else can we bring to prove bonafide relationship.

Also I know that they will ask him about my first marriage and might consider it a red flag,what can we can we bring with us to prove that my first marriage was entered in good faith,it just didn't work out.I'm also concern with the filing of divorce bec my ex husband filed the divorce after I got my citizenship.I want us to be prepared on the interview.

Would it help if I bring a statement from my ex husband?

Would it help if I bring birth certificate of my ex husband child?

Please help us.thank you.

[AbbynSheryl 0]

yes make sure to bring the birth certificate of the child to prove that he is the one who was unfaithful in the marriage. good luck, abby n sheryl

[JimVaPhuong 4,863]

Ok, what they sometimes suspect in cases with a recent divorce is that you got married primarily to immigrate and bring your real fiance or husband to the US. Here are the points that argue in favor of that suspicion:

1. You are sponsoring your Pinoy fiance shortly after getting your US citizenship.

2. You were just recently divorced.

3. You admit you knew your Pinoy fiance before you knew your ex-husband.

Now, here the points that argue against that suspicion:

1. You could have divorced your ex-husband after getting your conditions removed, and still gotten your citizenship in five years, but you didn't.

2. Your ex-husband filed for the divorce - not you.

I don't think your ex-husband's child is relevant at all. I see the angle you're coming from - you're thinking this will help convince them that the divorce was for real marital problems, and not just because it was convenient timing with regards to your immigration status, but I don't think it will help in that respect. He fathered the child five years ago, and they may not believe you didn't know about it all this time. Besides, they really don't care why you got divorced. They care why you got married, and why you're getting married again now.

I also don't think a statement from your ex-husband is going to help much. All he can say is what his perspective is. He can swear up and down that he truly loved you, and married you in good faith, but that doesn't prove to the consulate that you felt the same way. I'm not saying you didn't - I'm just saying the consulate isn't going to know based on a statement from your ex-husband.

The timing is the thing you'll need to address with the consulate. You recently got your citizenship. You recently got divorced. You're now sponsoring your Filipino fiance who you've known for years. You have to prove to the consulate that this wasn't planned from the beginning. I can't tell you how to do that because I don't know enough about your personal situation to know what sort of evidence you might be able to provide.

[Dakine 26]

I"m not sure what the process is but you need to notify a Philippine consulate yoiur hubby divorced you. You are still married in the Philippines and record of your divorce needs to be reported in RP. You will be committing bigamy if you marry as far as the Philippine Government is concerned.

[jayhoneyche 1]

I"m not sure what the process is but you need to notify a Philippine consulate yoiur hubby divorced you. You are still married in the Philippines and record of your divorce needs to be reported in RP. You will be committing bigamy if you marry as far as the Philippine Government is concerned.

how do i notify them?when i go to the philippines or while im still here?

[jayhoneyche 1]

Ok, what they sometimes suspect in cases with a recent divorce is that you got married primarily to immigrate and bring your real fiance or husband to the US. Here are the points that argue in favor of that suspicion:

1. You are sponsoring your Pinoy fiance shortly after getting your US citizenship.

2. You were just recently divorced.

3. You admit you knew your Pinoy fiance before you knew your ex-husband.

Now, here the points that argue against that suspicion:

1. You could have divorced your ex-husband after getting your conditions removed, and still gotten your citizenship in five years, but you didn't.

2. Your ex-husband filed for the divorce - not you.

I don't think your ex-husband's child is relevant at all. I see the angle you're coming from - you're thinking this will help convince them that the divorce was for real marital problems, and not just because it was convenient timing with regards to your immigration status, but I don't think it will help in that respect. He fathered the child five years ago, and they may not believe you didn't know about it all this time. Besides, they really don't care why you got divorced. They care why you got married, and why you're getting married again now.

I also don't think a statement from your ex-husband is going to help much. All he can say is what his perspective is. He can swear up and down that he truly loved you, and married you in good faith, but that doesn't prove to the consulate that you felt the same way. I'm not saying you didn't - I'm just saying the consulate isn't going to know based on a statement from your ex-husband.

The timing is the thing you'll need to address with the consulate. You recently got your citizenship. You recently got divorced. You're now sponsoring your Filipino fiance who you've known for years. You have to prove to the consulate that this wasn't planned from the beginning. I can't tell you how to do that because I don't know enough about your personal situation to know what sort of evidence you might be able to provide.

hi,what evidence shall i bring??please help me

[JimVaPhuong 4,863]

Ok, what they sometimes suspect in cases with a recent divorce is that you got married primarily to immigrate and bring your real fiance or husband to the US. Here are the points that argue in favor of that suspicion:

1. You are sponsoring your Pinoy fiance shortly after getting your US citizenship.

2. You were just recently divorced.

3. You admit you knew your Pinoy fiance before you knew your ex-husband.

Now, here the points that argue against that suspicion:

1. You could have divorced your ex-husband after getting your conditions removed, and still gotten your citizenship in five years, but you didn't.

2. Your ex-husband filed for the divorce - not you.

I don't think your ex-husband's child is relevant at all. I see the angle you're coming from - you're thinking this will help convince them that the divorce was for real marital problems, and not just because it was convenient timing with regards to your immigration status, but I don't think it will help in that respect. He fathered the child five years ago, and they may not believe you didn't know about it all this time. Besides, they really don't care why you got divorced. They care why you got married, and why you're getting married again now.

I also don't think a statement from your ex-husband is going to help much. All he can say is what his perspective is. He can swear up and down that he truly loved you, and married you in good faith, but that doesn't prove to the consulate that you felt the same way. I'm not saying you didn't - I'm just saying the consulate isn't going to know based on a statement from your ex-husband.

The timing is the thing you'll need to address with the consulate. You recently got your citizenship. You recently got divorced. You're now sponsoring your Filipino fiance who you've known for years. You have to prove to the consulate that this wasn't planned from the beginning. I can't tell you how to do that because I don't know enough about your personal situation to know what sort of evidence you might be able to provide.

hi,what evidence shall i bring??please help me

First, simply notifying a Philippine consulate would probably not be enough to have the divorce recognized. A divorce obtained abroad must be judicially recognized in the Philippines, which means you have to file a petition to have it recognized in a Philippine court. There are some requirements, including that you must prove the divorce is authentic and properly executed in the country where it was issued. You can't just present your divorce decree. You are fortunate that you had your US citizenship at the time of the divorce or you would probably have to seek an annulment in the Philippines, rather than a judicial recognition of the divorce. I don't know how long it takes to get a judicial recognition of the divorce, nor if you'll need it before the K1 interview. It may not make any difference since I don't think you really need the Philippine government to recognize your divorce - you're the US citizen sponsor, and you're not going to be getting married in the Philippines.

As far as what evidence to bring, I really don't know - I don't have the details of your situation. As I said, I think the timing of the events is what is going to look the most suspicious with the consulate. You have to convince them that there is a valid reason reason for the events to have occurred in the order and timing they occurred, and that it wasn't because you had planned this series of events from the beginning. For example, can you demonstrate that you first contacted your new fiance online AFTER the divorce? That's just an example - I really don't know. You're going to have to think about why things happened in the order and time that they happened, and how you can prove it. Think about it from the consulate's perspective, and think of what would convince YOU that this wasn't planned from the beginning to get both you and your Filipino fiance to the US.

Edited July 7, 2009 by JimVaPhuong

[jayhoneyche 1]

I wasn't the one who contacted first,he was the one.he invited me to be his friend(social network)

we exchanged emails and talked regularly via internet.

Anybody here can help me with what proofs should prepare to

prove that this was not planned?

Thank you.

[Dakine 26]

I"m not sure what the process is but you need to notify a Philippine consulate yoiur hubby divorced you. You are still married in the Philippines and record of your divorce needs to be reported in RP. You will be committing bigamy if you marry as far as the Philippine Government is concerned.

how do i notify them?when i go to the philippines or while im still here?

Call the Philippine consulate and ask what you have to do.

[jayhoneyche 1]

does anyone here knows a number to call??

would it be a help if i hire a lawyer?

[chinese_mutt 11]

Ok, what they sometimes suspect in cases with a recent divorce is that you got married primarily to immigrate and bring your real fiance or husband to the US. Here are the points that argue in favor of that suspicion:

1. You are sponsoring your Pinoy fiance shortly after getting your US citizenship.

2. You were just recently divorced.

3. You admit you knew your Pinoy fiance before you knew your ex-husband.

Now, here the points that argue against that suspicion:

1. You could have divorced your ex-husband after getting your conditions removed, and still gotten your citizenship in five years, but you didn't.

2. Your ex-husband filed for the divorce - not you.

I don't think your ex-husband's child is relevant at all. I see the angle you're coming from - you're thinking this will help convince them that the divorce was for real marital problems, and not just because it was convenient timing with regards to your immigration status, but I don't think it will help in that respect. He fathered the child five years ago, and they may not believe you didn't know about it all this time. Besides, they really don't care why you got divorced. They care why you got married, and why you're getting married again now.

I also don't think a statement from your ex-husband is going to help much. All he can say is what his perspective is. He can swear up and down that he truly loved you, and married you in good faith, but that doesn't prove to the consulate that you felt the same way. I'm not saying you didn't - I'm just saying the consulate isn't going to know based on a statement from your ex-husband.

The timing is the thing you'll need to address with the consulate. You recently got your citizenship. You recently got divorced. You're now sponsoring your Filipino fiance who you've known for years. You have to prove to the consulate that this wasn't planned from the beginning. I can't tell you how to do that because I don't know enough about your personal situation to know what sort of evidence you might be able to provide.

hi,what evidence shall i bring??please help me

First, simply notifying a Philippine consulate would probably not be enough to have the divorce recognized. A divorce obtained abroad must be judicially recognized in the Philippines, which means you have to file a petition to have it recognized in a Philippine court. There are some requirements, including that you must prove the divorce is authentic and properly executed in the country where it was issued. You can't just present your divorce decree. You are fortunate that you had your US citizenship at the time of the divorce or you would probably have to seek an annulment in the Philippines, rather than a judicial recognition of the divorce. I don't know how long it takes to get a judicial recognition of the divorce, nor if you'll need it before the K1 interview. It may not make any difference since I don't think you really need the Philippine government to recognize your divorce - you're the US citizen sponsor, and you're not going to be getting married in the Philippines.

As far as what evidence to bring, I really don't know - I don't have the details of your situation. As I said, I think the timing of the events is what is going to look the most suspicious with the consulate. You have to convince them that there is a valid reason reason for the events to have occurred in the order and timing they occurred, and that it wasn't because you had planned this series of events from the beginning. For example, can you demonstrate that you first contacted your new fiance online AFTER the divorce? That's just an example - I really don't know. You're going to have to think about why things happened in the order and time that they happened, and how you can prove it. Think about it from the consulate's perspective, and think of what would convince YOU that this wasn't planned from the beginning to get both you and your Filipino fiance to the US.

First off, JimVaPhuong is correct. The process of getting a divorce obtained abroad recognized in the Philippines must be done judicially (go through court proceedings in the Philippines). However, the annulment thing is wrong. If you are already US Citizen at the time that you obtained a divorce from your US Citizen spouse, then your divorce is legally executed and need only to be acknowledged in the Philippines so that they can strike out your record in the Marriage Index. (as far as I know). Get a lawyer to fix the legalities for this.

Your timing is all screwed up really. It would raise tons of red flags for both of you. I'm sorry but this is the truth.

You knew your fiance long before you met your ex-husband. You got married and was able to obtain a spouse visa.

As soon as you became a naturalized citizen, you immediately got divorced. The question of who initiated the divorce is irrelevant,

it could be seen as you provoked the separation or divorce in order to bring your fiance over to the US.

As for who contacted whom on the social networking site, it could be seen as already pre-arranged thus leading the consul

to believe that you entered your first marriage to obtain a visa.

Likewise, the consul will question why it was so easy for you to move on and find new fiance so soon after your divorce. Be ready to give valid and believable answer. This will be the most serious question, it seems that you've managed to move on so quickly from one failed marriage to a new relationship. Women don't generally do this so be prepared.

The best advice is to wait it out and build a solid proofs of bonafide relationship but since you already filed a petition, see if you can get a sworn affidavit from your ex-husband about the child and the failed marriage, at this point you have nothing to lose. If you attended couples therapy with your ex, maybe you can get the doctor to sign an affidavit too. Just my thoughts.

Edited July 9, 2009 by tngirl21809

[chinese_mutt 11]

does anyone here knows a number to call??

would it be a help if i hire a lawyer?

google it.

[chileck 0]

I agree deeply with tngirl21809. Shouldn't forget that...What goes around comes around. To judge someone without knowing really, is so hard ,but having a lot of knowlegdes ( I'm sure the consular officials really have much more than every applicants..!! therefore they take this process seriously...rightfully!!) The only advice can be given is;

Think deeply before you act, to avoid yourself thinking deeply after you act..

[JimVaPhuong 4,863]

Ok, what they sometimes suspect in cases with a recent divorce is that you got married primarily to immigrate and bring your real fiance or husband to the US. Here are the points that argue in favor of that suspicion:

1. You are sponsoring your Pinoy fiance shortly after getting your US citizenship.

2. You were just recently divorced.

3. You admit you knew your Pinoy fiance before you knew your ex-husband.

Now, here the points that argue against that suspicion:

1. You could have divorced your ex-husband after getting your conditions removed, and still gotten your citizenship in five years, but you didn't.

2. Your ex-husband filed for the divorce - not you.

I don't think your ex-husband's child is relevant at all. I see the angle you're coming from - you're thinking this will help convince them that the divorce was for real marital problems, and not just because it was convenient timing with regards to your immigration status, but I don't think it will help in that respect. He fathered the child five years ago, and they may not believe you didn't know about it all this time. Besides, they really don't care why you got divorced. They care why you got married, and why you're getting married again now.

I also don't think a statement from your ex-husband is going to help much. All he can say is what his perspective is. He can swear up and down that he truly loved you, and married you in good faith, but that doesn't prove to the consulate that you felt the same way. I'm not saying you didn't - I'm just saying the consulate isn't going to know based on a statement from your ex-husband.

The timing is the thing you'll need to address with the consulate. You recently got your citizenship. You recently got divorced. You're now sponsoring your Filipino fiance who you've known for years. You have to prove to the consulate that this wasn't planned from the beginning. I can't tell you how to do that because I don't know enough about your personal situation to know what sort of evidence you might be able to provide.

hi,what evidence shall i bring??please help me

First, simply notifying a Philippine consulate would probably not be enough to have the divorce recognized. A divorce obtained abroad must be judicially recognized in the Philippines, which means you have to file a petition to have it recognized in a Philippine court. There are some requirements, including that you must prove the divorce is authentic and properly executed in the country where it was issued. You can't just present your divorce decree. You are fortunate that you had your US citizenship at the time of the divorce or you would probably have to seek an annulment in the Philippines, rather than a judicial recognition of the divorce. I don't know how long it takes to get a judicial recognition of the divorce, nor if you'll need it before the K1 interview. It may not make any difference since I don't think you really need the Philippine government to recognize your divorce - you're the US citizen sponsor, and you're not going to be getting married in the Philippines.

As far as what evidence to bring, I really don't know - I don't have the details of your situation. As I said, I think the timing of the events is what is going to look the most suspicious with the consulate. You have to convince them that there is a valid reason reason for the events to have occurred in the order and timing they occurred, and that it wasn't because you had planned this series of events from the beginning. For example, can you demonstrate that you first contacted your new fiance online AFTER the divorce? That's just an example - I really don't know. You're going to have to think about why things happened in the order and time that they happened, and how you can prove it. Think about it from the consulate's perspective, and think of what would convince YOU that this wasn't planned from the beginning to get both you and your Filipino fiance to the US.

First off, JimVaPhuong is correct. The process of getting a divorce obtained abroad recognized in the Philippines must be done judicially (go through court proceedings in the Philippines). However, the annulment thing is wrong. If you are already US Citizen at the time that you obtained a divorce from your US Citizen spouse, then your divorce is legally executed and need only to be acknowledged in the Philippines so that they can strike out your record in the Marriage Index. (as far as I know). Get a lawyer to fix the legalities for this.

Your timing is all screwed up really. It would raise tons of red flags for both of you. I'm sorry but this is the truth.

You knew your fiance long before you met your ex-husband. You got married and was able to obtain a spouse visa.

As soon as you became a naturalized citizen, you immediately got divorced. The question of who initiated the divorce is irrelevant,

it could be seen as you provoked the separation or divorce in order to bring your fiance over to the US.

As for who contacted whom on the social networking site, it could be seen as already pre-arranged thus leading the consul

to believe that you entered your first marriage to obtain a visa.

Likewise, the consul will question why it was so easy for you to move on and find new fiance so soon after your divorce. Be ready to give valid and believable answer. This will be the most serious question, it seems that you've managed to move on so quickly from one failed marriage to a new relationship. Women don't generally do this so be prepared.

The best advice is to wait it out and build a solid proofs of bonafide relationship but since you already filed a petition, see if you can get a sworn affidavit from your ex-husband about the child and the failed marriage, at this point you have nothing to lose. If you attended couples therapy with your ex, maybe you can get the doctor to sign an affidavit too. Just my thoughts.

I think the bolded statement is precisely what I said. I said she was lucky she was a US citizen at the time the divorce took place. Otherwise, the divorce could not be judicially recognized in the Philippines. The only option left would be annulment. Her citizenship at the time of the divorce is one of several critical factors in getting the divorce judicially recognized.

1. Her husband whom she divorced must be a foreigner - NOT a Filipino.

2. The divorce must be legal in the foreign husband's country.

3. She must have non-Filipino citizenship at the time the divorce is granted.

4. The divorce decree must be proven, like any other fact, in court.

So, how is what I said about annulment wrong?

What I said about possibly not NEEDING to get the divorce recognized in the Philippines is pure conjecture on my part. She's not trying the marry in the Philippines. She's a US citizen petitioning for a Filipino fiance. I'm thinking this makes her like any other divorced American petitioning for a Filipino fiance. Am I correct in this assumption?

[chinese_mutt 11]

Ok, what they sometimes suspect in cases with a recent divorce is that you got married primarily to immigrate and bring your real fiance or husband to the US. Here are the points that argue in favor of that suspicion:

1. You are sponsoring your Pinoy fiance shortly after getting your US citizenship.

2. You were just recently divorced.

3. You admit you knew your Pinoy fiance before you knew your ex-husband.

Now, here the points that argue against that suspicion:

1. You could have divorced your ex-husband after getting your conditions removed, and still gotten your citizenship in five years, but you didn't.

2. Your ex-husband filed for the divorce - not you.

I don't think your ex-husband's child is relevant at all. I see the angle you're coming from - you're thinking this will help convince them that the divorce was for real marital problems, and not just because it was convenient timing with regards to your immigration status, but I don't think it will help in that respect. He fathered the child five years ago, and they may not believe you didn't know about it all this time. Besides, they really don't care why you got divorced. They care why you got married, and why you're getting married again now.

I also don't think a statement from your ex-husband is going to help much. All he can say is what his perspective is. He can swear up and down that he truly loved you, and married you in good faith, but that doesn't prove to the consulate that you felt the same way. I'm not saying you didn't - I'm just saying the consulate isn't going to know based on a statement from your ex-husband.

The timing is the thing you'll need to address with the consulate. You recently got your citizenship. You recently got divorced. You're now sponsoring your Filipino fiance who you've known for years. You have to prove to the consulate that this wasn't planned from the beginning. I can't tell you how to do that because I don't know enough about your personal situation to know what sort of evidence you might be able to provide.

hi,what evidence shall i bring??please help me

First, simply notifying a Philippine consulate would probably not be enough to have the divorce recognized. A divorce obtained abroad must be judicially recognized in the Philippines, which means you have to file a petition to have it recognized in a Philippine court. There are some requirements, including that you must prove the divorce is authentic and properly executed in the country where it was issued. You can't just present your divorce decree. You are fortunate that you had your US citizenship at the time of the divorce or you would probably have to seek an annulment in the Philippines, rather than a judicial recognition of the divorce. I don't know how long it takes to get a judicial recognition of the divorce, nor if you'll need it before the K1 interview. It may not make any difference since I don't think you really need the Philippine government to recognize your divorce - you're the US citizen sponsor, and you're not going to be getting married in the Philippines.

As far as what evidence to bring, I really don't know - I don't have the details of your situation. As I said, I think the timing of the events is what is going to look the most suspicious with the consulate. You have to convince them that there is a valid reason reason for the events to have occurred in the order and timing they occurred, and that it wasn't because you had planned this series of events from the beginning. For example, can you demonstrate that you first contacted your new fiance online AFTER the divorce? That's just an example - I really don't know. You're going to have to think about why things happened in the order and time that they happened, and how you can prove it. Think about it from the consulate's perspective, and think of what would convince YOU that this wasn't planned from the beginning to get both you and your Filipino fiance to the US.

First off, JimVaPhuong is correct. The process of getting a divorce obtained abroad recognized in the Philippines must be done judicially (go through court proceedings in the Philippines). However, the annulment thing is wrong. If you are already US Citizen at the time that you obtained a divorce from your US Citizen spouse, then your divorce is legally executed and need only to be acknowledged in the Philippines so that they can strike out your record in the Marriage Index. (as far as I know). Get a lawyer to fix the legalities for this.

Your timing is all screwed up really. It would raise tons of red flags for both of you. I'm sorry but this is the truth.

You knew your fiance long before you met your ex-husband. You got married and was able to obtain a spouse visa.

As soon as you became a naturalized citizen, you immediately got divorced. The question of who initiated the divorce is irrelevant,

it could be seen as you provoked the separation or divorce in order to bring your fiance over to the US.

As for who contacted whom on the social networking site, it could be seen as already pre-arranged thus leading the consul

to believe that you entered your first marriage to obtain a visa.

Likewise, the consul will question why it was so easy for you to move on and find new fiance so soon after your divorce. Be ready to give valid and believable answer. This will be the most serious question, it seems that you've managed to move on so quickly from one failed marriage to a new relationship. Women don't generally do this so be prepared.

The best advice is to wait it out and build a solid proofs of bonafide relationship but since you already filed a petition, see if you can get a sworn affidavit from your ex-husband about the child and the failed marriage, at this point you have nothing to lose. If you attended couples therapy with your ex, maybe you can get the doctor to sign an affidavit too. Just my thoughts.

I think the bolded statement is precisely what I said. I said she was lucky she was a US citizen at the time the divorce took place. Otherwise, the divorce could not be judicially recognized in the Philippines. The only option left would be annulment. Her citizenship at the time of the divorce is one of several critical factors in getting the divorce judicially recognized.

1. Her husband whom she divorced must be a foreigner - NOT a Filipino.

2. The divorce must be legal in the foreign husband's country.

3. She must have non-Filipino citizenship at the time the divorce is granted.

4. The divorce decree must be proven, like any other fact, in court.

So, how is what I said about annulment wrong?

What I said about possibly not NEEDING to get the divorce recognized in the Philippines is pure conjecture on my part. She's not trying the marry in the Philippines. She's a US citizen petitioning for a Filipino fiance. I'm thinking this makes her like any other divorced American petitioning for a Filipino fiance. Am I correct in this assumption?

yep, sorry... must have misunderstood your first post.

Likewise, if she is still a FILIPINO citizen at the time of divorce BUT the divorce was initiated by the foreign spouse.... the divorce can and will be recognized in the Philippines to prevent an 'unfair' situation.