Confused w/ annulmet & divorce

[QS19 0]

Here is the scenerio:

Both hubby's parents were filipino. "separated" (not legally) when hubby was just 2 yrs old.

Father came to US and married US citizen back in the 1980's. He filed for divorce in the US. w/ court order.

Mother signed the US divorce as well and returned the document to ex husband. (we are aware that that there is no divorce in the philippines)

Now father was able to bring Hubby, his older sis and one more is still on the process( was left in the philippines because she was above 21 when he filed for them).

Hubby is US citizen & petitioned me as K1.

We are now planning to bring his mother here to US as well.

Question:

Will there be any problem in terms of the divorce papers? She has not filed any annulment or nor have records of being divorced/separated in the Philippines. She is still using Ex husband last name in all her documnets such as passport....

Should we hire a lawyer for this case?

thanks

[Darnell 8,478]

I don't smell any issue, for an I-130 petition, IR-5 visa, for 'a person'. If it were 'two people' then it might get convoluted, and ya might have to get the 'annulment work' done in the PI.

Edited September 13, 2010 by Darnell

[QS19 0]

I don't smell any issue, for an I-130 petition, IR-5 visa, for 'a person'. If it were 'two people' then it might get convoluted, and ya might have to get the 'annulment work' done in the PI.

so does it mean that the second marrige of father is void? and not considered legal?

Edited September 13, 2010 by QS19

[Darnell 8,478]

father divorced in usa, has usa divorce decree

and then

married again in usa.

father remained in usa

father is us citizen.

in USA, in no issue on the father.

---

I don't see the issue on yer hubby's mother - as

yer hubby is USCitizen - and it is HE that is petitioning for HER, his mother.

[QS19 0]

father divorced in usa, has usa divorce decree

and then

married again in usa.

father remained in usa

father is us citizen.

in USA, in no issue on the father.

---

I don't see the issue on yer hubby's mother - as

yer hubby is USCitizen - and it is HE that is petitioning for HER, his mother.

I get your point....but in the Philippines...there is no Divorce...only annulment...and father filed divorce in the US before he became citizen...

[Armenia 18]

I get your point....but in the Philippines...there is no Divorce...only annulment...and father filed divorce in the US before he became citizen...

The father

The divorce

The lack of annulment

They are all irrelevant in the petition.

It is your hubby, the son, who is petitioning for his mother. The father is not petitioning for the mother.

The only thing that matters here is for your hubby and his mother to be able to provide proof of their relationship to each other.

[QS19 0]

The father

The divorce

The lack of annulment

They are all irrelevant in the petition.

It is your hubby, the son, who is petitioning for his mother. The father is not petitioning for the mother.

The only thing that matters here is for your hubby and his mother to be able to provide proof of their relationship to each other.

okay but hubby acquired his citizenship tru father....father acquired his tru second marriege...he use to be on a tourist visa, filed the divorce and married US citizen....is that still valid?

okay but hubby acquired his citizenship tru father....father acquired his tru second marriege...he use to be on a tourist visa, filed the divorce and married US citizen....is that still valid?

Also, during my interview Consulate asked me how Hubby got his naturalization....I told him tru his dad who petitioned him....

I came to realize his dad got his citizenship tru marrying his current wife an american citizen....

but since he was filipino during the time he filed for divorce....is that okay?

[Deputy Purple 1,294]

None of it should be relevant... When you Hubs' father divorced & remarried in the US it was all legal.

In the Philippines Hubs' Mom is still considered married and couldn't get re-married or get CFO clearance to leave the country based on a new fiancé or husband as the Philippine Gov't considers her still married to Hubs' Dad.

She is being petitioned by her son so her marital status is irrelevant to the immigration process and if asked at CFO it doesn't matter either.

[QS19 0]

None of it should be relevant... When you Hubs' father divorced & remarried in the US it was all legal.

In the Philippines Hubs' Mom is still considered married and couldn't get re-married or get CFO clearance to leave the country based on a new fiancé or husband as the Philippine Gov't considers her still married to Hubs' Dad.

She is being petitioned by her son so her marital status is irrelevant to the immigration process and if asked at CFO it doesn't matter either.

great! thanks for all your feedback.....=)

We're now relieved and we should be filing it again..it been holding us for couple of weeks already....now its clear...thanks....