Presumptive Death for termination of previous marriage

[Fairy Tale Love 0]

I was married to a British National 1998 and stayed together for only 3months...He went back to England and have not heard from him since then....After several years I seeked help from the British Embassy so that I can go on with my life but they advice me to hire a lawyer....

Moving on and worked in Japan, had a relationship and got pregnant but he left me for another woman. Another relationship which of course I didn't wish that would fail second time around....

2006 my lawyer advised me for a presumptive death case as termination of previous marriage and it was granted 2007. I already have all the legal papers such as decision and finality registered at local civil registrar and MC annotated by NSO.

Then I finally met and fell in love again with a USC now fiance and filed for a K1-129F year 2008....got NOA2 now waiting for the next step.

I read that presumptive death is accepted at US embassy as proof of termination of previous marriage....First I am anxious if they will deny visa because of presumptive death case or it will raise a red flag because I have a child out of wedlock....that the child was not of the ex-husband????

Please help.....

[Gary and Alla 3,694]

I was married to a British National 1998 and stayed together for only 3months...He went back to England and have not heard from him since then....After several years I seeked help from the British Embassy so that I can go on with my life but they advice me to hire a lawyer....

Moving on and worked in Japan, had a relationship and got pregnant but he left me for another woman. Another relationship which of course I didn't wish that would fail second time around....

2006 my lawyer advised me for a presumptive death case as termination of previous marriage and it was granted 2007. I already have all the legal papers such as decision and finality registered at local civil registrar and MC annotated by NSO.

Then I finally met and fell in love again with a USC now fiance and filed for a K1-129F year 2008....got NOA2 now waiting for the next step.

I read that presumptive death is accepted at US embassy as proof of termination of previous marriage....First I am anxious if they will deny visa because of presumptive death case or it will raise a red flag because I have a child out of wedlock....that the child was not of the ex-husband????

Please help.....

They will not care about the child out of wedlock.

If the presumptive death is an official court or civil order it will be accepted just as a death certificate. Next problem, maybe. Who is listed as the child's father? There may be a requirement for the father's permissionfor you to leave the country with the child IF the father is listed on the birth certificate.

[Fairy Tale Love 0]

I was married to a British National 1998 and stayed together for only 3months...He went back to England and have not heard from him since then....After several years I seeked help from the British Embassy so that I can go on with my life but they advice me to hire a lawyer....

Moving on and worked in Japan, had a relationship and got pregnant but he left me for another woman. Another relationship which of course I didn't wish that would fail second time around....

2006 my lawyer advised me for a presumptive death case as termination of previous marriage and it was granted 2007. I already have all the legal papers such as decision and finality registered at local civil registrar and MC annotated by NSO.

Then I finally met and fell in love again with a USC now fiance and filed for a K1-129F year 2008....got NOA2 now waiting for the next step.

I read that presumptive death is accepted at US embassy as proof of termination of previous marriage....First I am anxious if they will deny visa because of presumptive death case or it will raise a red flag because I have a child out of wedlock....that the child was not of the ex-husband????

Please help.....

They will not care about the child out of wedlock.

If the presumptive death is an official court or civil order it will be accepted just as a death certificate. Next problem, maybe. Who is listed as the child's father? There may be a requirement for the father's permissionfor you to leave the country with the child IF the father is listed on the birth certificate.

Hi thank you so much for your reply....My child is using my last name but the father acknowledge his paternity...can I get a sole custody of my child since he might be living in with another woman and last time he saw our child was 2004 and no new address of him...Do I still need to ask his government about his whereabouts and ask his permission???

[Dakine 26]

I was married to a British National 1998 and stayed together for only 3months...He went back to England and have not heard from him since then....After several years I seeked help from the British Embassy so that I can go on with my life but they advice me to hire a lawyer....

Moving on and worked in Japan, had a relationship and got pregnant but he left me for another woman. Another relationship which of course I didn't wish that would fail second time around....

2006 my lawyer advised me for a presumptive death case as termination of previous marriage and it was granted 2007. I already have all the legal papers such as decision and finality registered at local civil registrar and MC annotated by NSO.

Then I finally met and fell in love again with a USC now fiance and filed for a K1-129F year 2008....got NOA2 now waiting for the next step.

I read that presumptive death is accepted at US embassy as proof of termination of previous marriage....First I am anxious if they will deny visa because of presumptive death case or it will raise a red flag because I have a child out of wedlock....that the child was not of the ex-husband????

Please help.....

They will not care about the child out of wedlock.

If the presumptive death is an official court or civil order it will be accepted just as a death certificate. Next problem, maybe. Who is listed as the child's father? There may be a requirement for the father's permissionfor you to leave the country with the child IF the father is listed on the birth certificate.

USEM does NOT accept annullments using presumptive death all the time. Case by case basis and a definite red flag.