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

[sachinky 464]

So get the current marriage annulled if divorced is not allowed in the PI. Then get married again and file for CR-1?

Uff, nevermind. This case is too complicated for me to wrap my head around it. Get a lawyer. ASAP.

Edited January 31, 2010 by sachinky

[victorious 0]

Thank You guys for your thoughts. Obviously nobody have crossed this situation. My friend said that her husband didn't show any divorce decree and wasn't ask for it during their wedding. And her husband didn't lie either of not being single. What happen is that her husband and the ex wife both sign the divorce paper already. But the problem is that the stupid lawyer didn't sign in right away. And whats funny is that only 1 day difference on their wedding the finalization of the divorce decree.

[Deputy Purple 1,294]

Thank You guys for your thoughts. Obviously nobody have crossed this situation. My friend said that her husband didn't show any divorce decree and wasn't ask for it during their wedding. And her husband didn't lie either of not being single. What happen is that her husband and the ex wife both sign the divorce paper already. But the problem is that the stupid lawyer didn't sign in right away. And whats funny is that only 1 day difference on their wedding the finalization of the divorce decree.

Umm, yes the USC did lie...

To get their Philippine Marriage Contract he would have to produce the Affidavit of Legal Capacity to Marry from the USEM in Manila.

To get the Affidavit of Legal Capacity to Marry from the USEM he is sworn in and asked a few questions under oath. These include "Are you currently married" and "Were you previously married". If you answer yes to previously married you are asked "Were all previous marriages disolved" and then to produce the Divorce Decree signed by the judge.

If the USC had answered that he was previously married then he wouldn't get the Affidavit without a signed divorce decree.

The USC's lawyer isn't the stupid one in this situation.

Now they have to prove to NSO that their sham PH marriage is invalid so it can be stricken from the records and they can do it honestly this time.

[victorious 0]

Umm, yes the USC did lie...

To get their Philippine Marriage Contract he would have to produce the Affidavit of Legal Capacity to Marry from the USEM in Manila.

To get the Affidavit of Legal Capacity to Marry from the USEM he is sworn in and asked a few questions under oath. These include "Are you currently married" and "Were you previously married". If you answer yes to previously married you are asked "Were all previous marriages disolved" and then to produce the Divorce Decree signed by the judge.

If the USC had answered that he was previously married then he wouldn't get the Affidavit without a signed divorce decree.

The USC's lawyer isn't the stupid one in this situation.

Now they have to prove to NSO that their sham PH marriage is invalid so it can be stricken from the records and they can do it honestly this time.

Oh yeah correction it wasn't the lawyer that signed late but the Judge! I'm wrong bye saying about being stupid.

The USC didn't have any idea since in my friends place the city hall didn't asked for Divorce Decree in order to process their marriage certificate application.

So its not my friends husbands fault since He is divorce for almost a year already in his knowledge. He just didn't get his own copy of divorce decree coz he stayed in the Philippines after being divorce from his wife. After almost a year of staying in the philippines he decided to marry my friend thinking he is ready and divorce as well. Who knows after almost a year that the divorce paper wasn't signed by the judge and finalized.

So you by saying the the USC lied he didn't in reality. But ignorance in the law is not an excuse so there's nothing we can do about that.