Out of time

[sparky952 3]

Ok brief history:

Filled for K-1 visa Febuary 2010, go a RFE in June 2010. Finally got approved and sent to Embassy July 26th 2010. Unfortunetlly learned that my fiancee's previous marraige and divorce ( she was abdoned in PI when he returned to New Mexico and then filed for divorce) was not recognized by Philipinnes. We hired an attorney and are currently getting the marriage annulled.

Now the big problem. I am currently in the Military and will deploy soon and the time limit for getting the visa is also approaching. we have had delay after delay for getting the annulment and now being told another 6 plus months. We are at a loss as to what to do. I have not seen her in almost 2 years now and will be gone a year or more. Neither one of us can handle losing another 2 or 3 years starting the whole process over again.

Will they deny the visa if we proceed or maybe RFE the in 6 months or so when annulment complete get the visa? This will at least buy us time and i can bring her here when i take my leave.

Really need help, this is our second attempt already my deployment last time destroyed the time line. I only had 55 days notice before leaving back in 2008. all we want i to get married and start are live together, but we get nothing but bad news and delays, going on 3 years already ( together 5 years now)

AT witt's end

[Scott and Mhay 57]

You can contact the embassy and tell them you need more time...let them know that you guys are still persuing the visa, just having problems with documentation.

How were you able to apply and get approved for the visa if your fiancee was still married? Did it not show up on the CENOMAR? If you know someone in New Mexico where the divorce took place, then you could have someone go there and get a copy of the divorce decree. It is public record...all you need is the name of your fiancee's former husband.

I would recommend to contact Godsgift on the forum. She went through something similar. I am sure she will reply here soon though.

[sparky952 3]

You can contact the embassy and tell them you need more time...let them know that you guys are still persuing the visa, just having problems with documentation.

How were you able to apply and get approved for the visa if your fiancee was still married? Did it not show up on the CENOMAR? If you know someone in New Mexico where the divorce took place, then you could have someone go there and get a copy of the divorce decree. It is public record...all you need is the name of your fiancee's former husband.

I would recommend to contact Godsgift on the forum. She went through something similar. I am sure she will reply here soon though.

We have the proper divorce decree for US but its not honored in Philippines, since was over 15 years ago things change. She didn't get a CENOMAR she till legally married in PI. This is why we doing the annulment. We already asked for extension and the extension ends 1 AUG 2011 or so im told. The embassy told me they allow a year.

[Scott and Mhay 57]

Didnt you need a CENOMAR (certificate of NO marriage...not CENMAR..certificate of marriage) to apply for the K-1 or is that for the interview only?

Sorry to hear your troubles...have you tried calling the military helpline to see if they have any advice? Have you told the embassy in manila that you are military? I know Godsgift just went through this same thing and they ended up withdrawing the petition.

Edited February 7, 2011 by Scott and Mhay

[sparky952 3]

Didnt you need a CENOMAR (certificate of NO marriage...not CENMAR..certificate of marriage) to apply for the K-1 or is that for the interview only?

Sorry to hear your troubles...have you tried calling the military helpline to see if they have any advice? Have you told the embassy in manila that you are military? I know Godsgift just went through this same thing and they ended up withdrawing the petition.

All needed at vsc was her divorce paper, but when go to embassy was informed by people on here and a notice from embassy that she needed a cenomar wich we tried to get and cannot cuz she still legally married in PI.

[sparky952 3]

I have tried calling the Embassy in Manila and get told the NUMBER listed on their website is not valid!. I tried emailing them and get mail delivery error. This has been one continuou nightmare..... I have had lawyers try to scam me. A so called embassy employee ask for bribes. I have no where to turn... She has a NVC number but the embassy has never sent a packet or any contact what so ever. I paid for a call once but that is now gone.

[Scott and Mhay 57]

The embassy wont send a packet 3..that is downloaded from the embassy's site. http://photos.state.gov/libraries/manila/306605/atienzalb/Revised%20K1%20Instruction%20Packet%20_3__rtf2_001.pdf

Wish I could help you more...I know from reading on here that her divorce decree has to be submitted to get recongnized as a divorce, but you are saying that since the divorce took place long ago that the same procedures arent followed today.

[sparky952 3]

The embassy wont send a packet 3..that is downloaded from the embassy's site. http://photos.state.gov/libraries/manila/306605/atienzalb/Revised%20K1%20Instruction%20Packet%20_3__rtf2_001.pdf

Wish I could help you more...I know from reading on here that her divorce decree has to be submitted to get recongnized as a divorce, but you are saying that since the divorce took place long ago that the same procedures arent followed today.

Yes must bepetitioned in courts to get annuled and that is the process we are doing. That link is info different from their current website info dated 10 DEC 2010. This is causing some confusion as well since getting an appoint requires proof of payment and ds-160 receipt. but the instructions in link say use the old 156/157 forms. So wich is right?

[marklovetina 52]

ok sent u PM...

[Scott and Mhay 57]

Yes must bepetitioned in courts to get annuled and that is the process we are doing. That link is info different from their current website info dated 10 DEC 2010. This is causing some confusion as well since getting an appoint requires proof of payment and ds-160 receipt. but the instructions in link say use the old 156/157 forms. So wich is right?

The one you have from december 10...that is the most current. Guess the Manila embassy website is out of date.

[sparky952 3]

The one you have from december 10...that is the most current. Guess the Manila embassy website is out of date.

Actually what I am saying is the website now says u must file a ds-160 online before scheduling an interview. But the link says something different and since we were never sent any letters from embassy we have no idea what to do and contacting them has no helped

[sparky952 3]

ok update...

Embassy sent us an email asking for my fiance' original marriage contract on Feb 23. We sent that immediately on the 24 feb, so far no further replies from then and no confirmation they got that email ( sent twice trying to get confirmation). Did the phone thing and yet again all i get is auto response menu and when it says if u need to speak with a representative it hangs up on you! Who over see these people who do u call for complaint?

[sparky952 3]

Still No word from Embassy... Julie had her court hearing but judge didn't show up so they delayed it 3 more months. Its official marriage off, and i will wait for the letter telling of her death!!!! THE CORRUPT AND ###### GOVERNMENT WILL KILL MY FIANCE!!!!!

[Tahoma 2,291]

At ease, soldier...

It might be helpful if you answered these questions:

1. Where did your fiancée get married?

2. Who filed for the divorce? Was it your fiancée or was it her ex-husband?

3. You mentioned that the divorce was filed in the U.S. Is this correct?

4. What is the nationality of your fiancée's ex-husband?

5. If your fiancée got married in the U.S., did she and her ex-husband report the marriage to the Philippines Embassy or to a Philippines Consulate here in the U.S.?

6. Does your fiancée have a copy of her CENOMAR from the past six months or so? If so, what does it say?

It is my understanding that if your fiancée's ex-husband is a U.S. citizen, and he is the one who filed for divorce here in the U.S., then your fiancée does not need to get an annulment in the Philippines. Instead, I believe she needs to get the divorce "recognized" in the Philippines. That process is different than an annulment but, like an annulment, it must be done through the Philippines court system. Recently, there was a thread here on VJ which spoke to this topic. I will send VJ member Pinay Wife a personal message to alert her to your thread because she is the one who is the most familiar with this topic.

Also, since you are a K-1er, you don't need to deal with the DS-160, so please don't worry about that. Instead, K-1ers use the DS-156 (two copies), DS-156k (one copy), and DS-157 (two copies). Please have a look at this thread.

Sparky...It appears that your case file is at the Embassy and has been for some time. You (or your fiancée) could schedule an interview, and she could actually go to the interview. However, since she would not be able to submit a CENOMAR at the interview, at the end of the interview she would be issued Form 221g by the consular officer, which would require her to submit a CENOMAR before a visa could be issued.

I'm wondering if it would be a good idea to have your fiancée complete her medical and her interview, and then submit the CENOMAR to the Embassy after the Philippines court "recognized" her divorce (or granted an annulment, whichever one applies). Her medical is good for six months or a year, I forget which. I'm not sure if there is any time limit after her interview for her to submit the CENOMAR. I don't think there is any time limit as long as you keep in contact with the Embassy. I believe the Embassy will give your case extensions as long as you contact them regularly. At least, that's my understanding. I hope others will chime in.

It is understandable that you have been having a difficult time contacting the Embassy. The Immigrant Visa Unit at the Embassy was recently closed for business while they moved into their new building on the Embassy grounds. It might be a good idea to keep in contact with them about your case through email so that you have a paper trail for everything. You can find out the best email address for the Embassy by asking the question in the Philippines forum. Just start a new thread there.

Sparky...thank you for your service to our country!

[sparky952 3]

First I apoligize, but so frustrating dealing with no aswers, lies and curruption. I have been forced to work away from home for 7 months now. That complicates things greatly. my fiancee is hurting finacially ( company closed and no jobs to be fond, she told she to old) she also having health issues ( nothing serious but problematic)

her cenomar says she still married.

yes we are pursuing the rocognize divorce route, but getting delay after delay after delay, Now judge wants a bribe to add insult.

the other hurdle is I am deploying soon and the time will run out on all options before I return.

I also have the issue of changes in banking that wont allow the transfer of money to her as easy as before and during my deployment will be almost impossible. Do to family issues i can not leave a power of attorny to them. My option was getting her here before I leave, if not no gaurantee what happen to her and her family wont help cuz her previous husband abandon her and they blame her all these years.

Thanks for the info about embassy, hopefully someone has more info that can get us in contact with them direct. so far for 3 months its send emails and of the 15 sent gotten TWO replies and takes weeks for that.