K1 Filing and Previous Marriage Check

[Adam & May 4]

My fiance lives in the Philippines where there is no divorce. We are in the process of getting a divorce to a Japanese citizen obtained in Japan in 2006 to be recognized in the Philippines (she was married in the Philippines and have petitioned the court to recognize the Japan Divorce of 2006 to amend her marital status).

We started this in Oct 2008, refiled in Family court in Jan 2009. After many delays and hearing (the last in Sept 2009) we are simply waiting for the judge's ruling. Her lawyer states the delay is due to the number of cases ahead of us. So we wait.

Here is my question....

When, during the whole K1 Visa process, is the marital status of both parties checked? She has her divorce documents from Japan.

I was thinking that IF this won't be a problem until the US Embassy (Manila) interview, we could submit our I-129 now to get the 4 month processing done then just wait to schedule her interview until we are sure the judge has ruled.

Any comments or assistance is appreciated.

Thanks

[TracyTN 237]

Yes, you must prove that both parties are free to marry at the PETITION phase. So you will need her divorce documents before you submit the I 129f. I'm sure that isn't what you want to hear, but I have heard of cases being denied because all divorce documents being submitted when requested. And I know that isn't the outcome you want!!

[Guitarlo 2]

My fiance lives in the Philippines where there is no divorce. We are in the process of getting a divorce to a Japanese citizen obtained in Japan in 2006 to be recognized in the Philippines (she was married in the Philippines and have petitioned the court to recognize the Japan Divorce of 2006 to amend her marital status).

We started this in Oct 2008, refiled in Family court in Jan 2009. After many delays and hearing (the last in Sept 2009) we are simply waiting for the judge's ruling. Her lawyer states the delay is due to the number of cases ahead of us. So we wait.

Here is my question....

When, during the whole K1 Visa process, is the marital status of both parties checked? She has her divorce documents from Japan.

I was thinking that IF this won't be a problem until the US Embassy (Manila) interview, we could submit our I-129 now to get the 4 month processing done then just wait to schedule her interview until we are sure the judge has ruled.

Any comments or assistance is appreciated.

Thanks

You're supposed to have the court's finality for annulment before filing the I-!29. Im my wife's case she had been married twice but one of the marriages had occured before the first annulment was technical granted therefore it was an illegal marriage. However, I needed to hire a Philippino attorney to process the paper work to make the second marriage void. Meanwhile, I had filed I-I-129 without listing the second marriage and I was very worried it would cause a problem. I followed the directions on the Manila Embaassy web site where if you have to make a change to the I-129 you need to send them a notarized letter informing them of the change and she brings the new I-129 to the interview. During the interview she was never questioned about the second marriage left off the first I-129 and never asked to see my letter - luck? She was asked to produce evidence of both marriages being annuled.

It's possible you could file without her annulment in place and amend the I-129 later but it could prove to be a risky move and my situation was different. It's a headache waiting and getting an annulment in the Philippines is difficult and a slow process still I suggest waiting.

Good luck

[marklovetina 52]

My fiance lives in the Philippines where there is no divorce. We are in the process of getting a divorce to a Japanese citizen obtained in Japan in 2006 to be recognized in the Philippines (she was married in the Philippines and have petitioned the court to recognize the Japan Divorce of 2006 to amend her marital status).

We started this in Oct 2008, refiled in Family court in Jan 2009. After many delays and hearing (the last in Sept 2009) we are simply waiting for the judge's ruling. Her lawyer states the delay is due to the number of cases ahead of us. So we wait.

Here is my question....

When, during the whole K1 Visa process, is the marital status of both parties checked? She has her divorce documents from Japan.

I was thinking that IF this won't be a problem until the US Embassy (Manila) interview, we could submit our I-129 now to get the 4 month processing done then just wait to schedule her interview until we are sure the judge has ruled.

Any comments or assistance is appreciated.

Thanks

uhmmm b4 her interview... but if u will file a k1 petition for her the petition will be approve though she is still married here... but on the interview the CO might learn she is still married here...

[TracyTN 237]

uhmmm b4 her interview... but if u will file a k1 petition for her the petition will be approve though she is still married here... but on the interview the CO might learn she is still married here...

Sorry but that is just not the case. You must prove at petition time that both parties are free to marry.

[Adam & May 4]

uhmmm b4 her interview... but if u will file a k1 petition for her the petition will be approve though she is still married here... but on the interview the CO might learn she is still married here...

Sorry but that is just not the case. You must prove at petition time that both parties are free to marry.

We had applied for a tourist visa (since we are still waiting the judge to rule on her "Recognition of Foreign Divorce" case. They denied her but the interviewing officer told her all she needed to do was bring in her Philippine Marriage Certificate and her Japanese Divorce decree and she would be "good".

If there is a requirement to have her Japanese Divorce legally accepted why would the consulate interviewer tell her that? I saw someone post in another of my posts

There are three possible result of her K1 interview if you filed for K1 prior to her getting an annotation on her marriage certificate:

1. Immediate Approval: If she will be interviewed by a CO that would accept her Japan divorce paper even though her CENOMAR indicates that she is married.

2. White Slip: If the CO requires her that she should have her marriage certificate annotated of her Japan divorce

3. Denial: If the CO would stick with the CENOMAR requirement. CENOMAR would indicate that she is married. If she is married with someone else, she is not qualified for K1 petition

Approval depends on the CO. If the person who interviewed her on he tourist visa is the same person who would interview her in your K1 petition, then you have no problem. But nobody knows who would be the CO for your K1 interview. It could be someone else.

Shouldn't they all be using the same guidelines?

[TracyTN 237]

We had applied for a tourist visa (since we are still waiting the judge to rule on her "Recognition of Foreign Divorce" case. They denied her but the interviewing officer told her all she needed to do was bring in her Philippine Marriage Certificate and her Japanese Divorce decree and she would be "good".

If there is a requirement to have her Japanese Divorce legally accepted why would the consulate interviewer tell her that? I saw someone post in another of my posts

The requirements for a non immigrant (tourist) visa and an immigrant visa (though the K isn't technically an immigrant visa, it is treated as one by consular sections) are completely different.

Plus, you're getting ahead of yourself. Your case won't get to the consulate until the I 129f petition is approved - thus, you must satisfy those requirements first. Read the instructions on the I 129f itself - 'Who may file this form I 129f' - where it clearly states both parties must be free to marry at the time of filing.

I know this isn't what you want to hear but it is what it is. There really is no gray area. Believe me if there had been, I would have filed MONTHS before I did for (now) hubby's I129f while we waited for his final divorce papers. As would countless others here on VJ.

[Adam & May 4]

But she does have final divorce documents from Japan. She has filed to have those documents recognized in the Philippines (the Philippines don't have divorce and all foreign divorces must be legally recognized in order to get remarried in the Philippines. We plan on marrying in the US) That was the point of the consulate officer was trying to tell her. Just bring your marital record, divorce decree from Japan & since you are marrying in the US that is all you need.

Thanks for eveyones input.