My friend is married to USC can't get k3 Visa!

[victorious 0]

Just wondering if anybody crossed to this kind of situation personally or from other people. My friend is married to USC and the wedding takes place in the Philippines. Their K3 application was denied because her husbands divorced paper was signed later than their date of marriage in the Phils. US void their marriage certificate from Phils coz it shows that his still married in US during their wedding. They've been married for 8 yrs and they have 2 kids now. Their planning to apply for K1 since US said they're not married. Question is how does that work? Since if K1 CENOMAR is one of the requirements for K1 and of course what will show in the Phis record their married. Maybe best for her is to apply for tourist? and if approved come to US and marry again? Then go back to Phils and apply for K3 using the Marriage Certificate from US? hows that sound? would that work? please let me know your thoughts.

I just think she have the right to be in US also. Since her kids are ready to visit US now, while she's stuck in the Phils.

[Twisted K 2]

now that the divorce is final, why not go back to the phils, get married there and apply for ir1 visa?

[john_and_marlene 162]

They've been married for 8 yrs and they have 2 kids now.

They may have 2 kids, but they have not been legally married for 8 years. There is no legal right to live in the US just because your kids can. There is no legal right to a visa to the US just because you have kids with a USC.

[victorious 0]

I hope i make sense in my topic. ^^ They are married in the Phils already. But when they got married her husbands Lawyer signed later on his divorce paper. Its like he got married in the Phils while he's still legally married in the Phils. And they can't undo the marriage they had in the Phils. And in Phils no divorce but there is annulment. And in their case its not ground for annulment. Its like as is their married.

now that the divorce is final, why not go back to the phils, get married there and apply for ir1 visa?

[dale_trisha 3]

now that the divorce is final, why not go back to the phils, get married there and apply for ir1 visa?

It would not be that easy. The marriage is probably still valid in Phil even though it should not have been. NSO will still have it recorded so his wife could not get a CENOMAR to get married even though he is "married" to her already. In this case they have really created an interesting issue. They need to get an attorny involved in a case like this since they need to get the marriage on file removed which will not be easy. Then they can start the process over again for K1, K3, CR1 (since no time will count on the current marriage).

[victorious 0]

Just wondering if anybody crossed to this kind of situation personally or from other people. My friend is married to USC and the wedding takes place in the Philippines. Their K3 application was denied because her husbands divorced paper was signed later than their date of marriage in the Phils. US void their marriage certificate from Phils coz it shows that his still married in US during their wedding. They've been married for 8 yrs and they have 2 kids now. Their planning to apply for K1 since US said they're not married. Question is how does that work? Since if K1 CENOMAR is one of the requirements for K1 and of course what will show in the Phis record their married. Maybe best for her is to apply for tourist? and if approved come to US and marry again? Then go back to Phils and apply for K3 using the Marriage Certificate from US? hows that sound? would that work? please let me know your thoughts.

I just think she have the right to be in US also. Since her kids are ready to visit US now, while she's stuck in the Phils.

Hi its like they are legally married in the Philippines but US don't see it as legal.

[F & J 21]

Are you sure that their first marriage is considered valid in the Philippines?

Was the U.S. citizen required to present a "Certificate of Legal Capacity to Contract Marriage" when they applied for a marriage license or did he just give an affidavit?

(Reference: http://manila.usembassy.gov/wwwha009.html)

The best course of action may be to just get married in the Philippines again (if the first marriage is considered void in the Phils.) and then go through the CR-1/IR-1 route =)

Edited January 27, 2010 by Fatima and Jim

[Twisted K 2]

It would not be that easy. The marriage is probably still valid in Phil even though it should not have been. NSO will still have it recorded so his wife could not get a CENOMAR to get married even though he is "married" to her already. In this case they have really created an interesting issue. They need to get an attorny involved in a case like this since they need to get the marriage on file removed which will not be easy. Then they can start the process over again for K1, K3, CR1 (since no time will count on the current marriage).

oh wow, yes, i think it is more in depth than vj is qualified to answer. i would strongly suggest her friend get reputable attorney. good luck on that uphill battle

[victorious 0]

I don't know how that works for them. But yes in NSO record their married.

Are you sure that their first marriage is considered valid in the Philippines?

Was the U.S. citizen required to present a "Certificate of Legal Capacity to Contract Marriage" when they applied for a marriage license or did he just give an affidavit?

(Reference: http://manila.usembassy.gov/wwwha009.html)

The best course of action may be to just get married in the Philippines again (if the first marriage is considered void in the Phils.) and then go through the CR-1/IR-1 route =)

[sachinky 464]

If his divorce was not finalized at the time of his second marriage--legally, that marriage is null and void since he is assumed to have been married already. Now that the divorce has gone through, get married again--and file for a CR1.

[victorious 0]

LOL your right! Her husband spend a ton of money already for lawyer. I just give it a shot if at least in one of a million people here had the same experienced.

oh wow, yes, i think it is more in depth than vj is qualified to answer. i would strongly suggest her friend get reputable attorney. good luck on that uphill battle

[victorious 0]

IKR! but too bad in Phils their marriage is legal. So there's no way for them to redo marriage and have another marriage certificate. ^^ ty

If his divorce was not finalized at the time of his second marriage--legally, that marriage is null and void since he is assumed to have been married already. Now that the divorce has gone through, get married again--and file for a CR1.

[victorious 0]

I hope i make sense in my topic. ^^ They are married in the Phils already. But when they got married her husbands Lawyer signed later on his divorce paper. Its like he got married in the Phils while he's still legally married in the Phils. And they can't undo the marriage they had in the Phils. And in Phils no divorce but there is annulment. And in their case its not ground for annulment. Its like as is their married.

Opps im redoing this its mixed up! ( I hope i make sense in my topic. ^^ They are married in the Phils already. But when they got married her husbands Lawyer signed later on his divorce paper. Its like he got married in the Phils while he's still legally married in the "USA" And they can't undo the marriage they had in the Phils. And in Phils no divorce but there is annulment. And in their case its not ground for annulment. Its like as is their married. )

[victorious 0]

And oh by me saying she have the right to be in the US also. Is like saying at least she could visit US as well. ^^ I just felt for her since her husband and kids keep coming back in US while shes not. ^^

They may have 2 kids, but they have not been legally married for 8 years. There is no legal right to live in the US just because your kids can. There is no legal right to a visa to the US just because you have kids with a USC.

[SunDrop 59]

And oh by me saying she have the right to be in the US also. Is like saying at least she could visit US as well. ^^ I just felt for her since her husband and kids keep coming back in US while shes not. ^^

Is the law of the Phillipines REALLY that you can be married in another country and become legally married to another person in the Phillipines? If so, that's nuts! Surely being already legally married makes him a bigamist and therefore grounds for annulment.