k1 visa philippines - previously married

[FILIPINAFLYGIRL 0]

Hello,

I am a US citizen getting ready to file a I-129F petition to bring my fiance here to the states to marry but have one last question. Hopefully, you can help to clarify something for me.

My fiance was previously married to a US citizen. She is here in the states now and has filed for divorce so that she can remarry someone else. I have the original copy of the divorce decree and am submitting a copy along with the petition. However, my question is - since the Philippines does not recognize divorce, will this be a basis for refusal? If so, what should I do to avoid this?

Please help as it would be greatly appreciated.

[Penguin_ie 5,996]

Who divorced whom? If the US citizen spouse is the one who filed for divorce, the Philipines will recognise it, but she will need to file some paperwork.

[Deputy Purple 1,294]

I'm assuming that she never Adjusted Status based on that marriage, correct?

The bad news for you is that if she files for divorce then the Philippines will never recognize it. If her USC Husband is the petitioner in the divorce case then she can file to have the divorce recognized in the Philippines.

Her only other option is the get annulled in the Philippines.

You can't get her back her on a K-1 if the Philippines still considers her divorced.

[Deputy Purple 1,294]

You can't get her back her on a K-1 if the Philippines still considers her divorced.

I meant married...

[FILIPINAFLYGIRL 0]

thanks guys for replying...

how will he get the divorce recognized by the philippines?

[baron555 934]

Hello,

I am a US citizen getting ready to file a I-129F petition to bring my fiance here to the states to marry but have one last question. Hopefully, you can help to clarify something for me.

My fiance was previously married to a US citizen. She is here in the states now and has filed for divorce so that she can remarry someone else. I have the original copy of the divorce decree and am submitting a copy along with the petition. However, my question is - since the Philippines does not recognize divorce, will this be a basis for refusal? If so, what should I do to avoid this?

Please help as it would be greatly appreciated.

This doesn't make sense. First you say you want to bring her to the US but then later you say she is here already.

You need to give more information about her immigration status.....how did she come to the US in the first place, when did she get married to the other guy, did she ever adjust status, how long she has been in the US. It is possible she is out of status pending AOS or worse, illegally here which may incur an automatic ban of some years, which in turn may require you to file for a waiver.

[FILIPINAFLYGIRL 0]

baron555 - my fiance is in the philippines. his ex-wife is here in the US. his ex-wife is a US citizen. they were married in the philippines. the divorce was filed here in the US by his ex-wife. his ex-wife has remarried here in the US.

my question is - since philippines does not recognize divorce, what must my fiance do in order for him to remarry me?

[pepper 34]

Hello! Your fiance needs to file a Judicial Recognition of a Foreign Divorce Decree in order to marry again.Though he's legally and validly divorced it does not automatically entitle him(as a Filipino) to remarry in the Philippines.

The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized in the Philippines.Check Article 26 of the Phil. Family Code...

Goodluck!!!

Edited March 22, 2011 by earp

[Deputy Purple 1,294]

FFG (FilipinaFlyGirl),

Earp is right on the money. Be aware of the time involved though. It can take several months to 2 years unless you guys either are connected or know someone who is connected over there.

[FILIPINAFLYGIRL 0]

earp n bob 4 anna - so basically we've got to wait another several months to 2 yrs before i can even file the k1 petition? arghhh...this sucks...we just passed the 3 year mark of being together...now possible another 2 years for the recognition and another year for the k1 petition?

[Deputy Purple 1,294]

Sorry to say but yes that's the case...

[Tahoma 2,292]

Your sweetheart could be back in your arms in less than a year:

A divorce can be recognized in the Philippines courts in as little as two or three months. Please read post #17 in this thread.

Also, the K-1 visa process routinely takes from four to seven months.