Major Roadblock or Just a Bump

[TRanger 2]

My fiancee just received her packet 3 from the embassy in Tokyo. The want a CENOMAR (Certificate of No Marriage) sent from the Philippines along with her birth certificate. The problem is that she was married in the Phil. to a Japanese man and then divorced him in Japan so she does not qualify for a CENOMAR. As I understand it she is free to marry in Japan, the US and anywhere except for the Phil.

Is CENOMAR a firm requirement? If so, I don't know why.

We talked about getting an annulment before going into this process. It is slow and expensive. Most importantly, we didn't know it was required.

One option I've seen while browsing thru the web is to file for Recognition of a Foreign Divorce in the Phil.

Needless to say we are both very upset about another hurdle and another delay - we were so close!

Any advice?

[tom44 0]

My fiancee just received her packet 3 from the embassy in Tokyo. The want a CENOMAR (Certificate of No Marriage) sent from the Philippines along with her birth certificate. The problem is that she was married in the Phil. to a Japanese man and then divorced him in Japan so she does not qualify for a CENOMAR. As I understand it she is free to marry in Japan, the US and anywhere except for the Phil.

Is CENOMAR a firm requirement? If so, I don't know why.

We talked about getting an annulment before going into this process. It is slow and expensive. Most importantly, we didn't know it was required.

One option I've seen while browsing thru the web is to file for Recognition of a Foreign Divorce in the Phil.

Needless to say we are both very upset about another hurdle and another delay - we were so close!

Any advice?

[stu redman 4]

hi im going through the same thing my girl got divorce in the usa and i didn't think we had to get it recognized in Nicaragua and then i see a new thing on the embassy's website for a singleness certificate so now we have to do the to get that document it sound like the same thing for you but from what i have see on here before the Philippines doesn't recognize divorce just annulment im sure the Philippines members will chime in sorry for this i know it sucks my first petition was denied because the ex didn't pay for the divorce good luck man stay strong

[TRanger 2]

*** An update for those in similar circumstances ***

There is a bewildering amount of conflicting information regarding Philippine law and visa requirements on the web and also on VJ, but I think ( ) we have this sorted out.

I wrote to the embassy in Tokyo and received an encouraging response. The question and answer are below:

"Question

We are very confused about the requirements for the K1 visa with regards to the following statement: "Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter. The marriage must be legally possible according to laws of the U.S. state in which the marriage will take place." My fiancee was married in the Philippines to a Japanese. She divorced this man in Japan. We know that she is free to marry in Japan and in the US and know the she is NOT free to marry in the Philippines. We have obtained I-129f petition approval. The US embassy in Japan asks for a CENOMAR as part of the K1 process. The Philippines will not issue a CENOMAR, but rather a document showing her marriage. Is this, in combination with her divorce documents, sufficient evidence to meet the requirement? What, exactly, are the criteria required for obtaining the K1 Visa for an individual in her situation?

Answer

In this case, please provide the Certificates of Marriage (CEMAR) issued by NSO which provide a chronological listing of all applicant’s marriages along with the applicant’s original divorce certificate issued by respective Japanese authorities.

Upon receipt of the above described documents, a consular officer will determine whether the evidences are sufficient to meet the requirement."

I'm breathing MUCH easier now. We intend pursue an annulment or petition for recognition of foreign divorce in PI, but we can do it while we are together, not as a condition for the K1.

[sofaraway 2]

They need a Cenomar from the NSO,..if they will see and read it that she was married in the Philippines and not annuled there then any next marriage will be nulled or void..thats the hardest part of it..sorry about this..am just being realistic..I have many friends here abroad that wanted to get married again but they can't coz they are married in the Philippines...annulment is taking years sometime to be approve there and its really expensive..unless you'll take the risk..but its ok trying your best than doin nothing at all..hope for the best..

[Deputy Purple 1,294]

We intend pursue an annulment or petition for recognition of foreign divorce in PI, but we can do it while we are together, not as a condition for the K1.

Since she is the petitioner in her divorce she will never be able to get the Philippines to recognize the foreign divorce. That only works when the non-filipino spouse is the petitioner and the filipino is the respondent.

For getting Annulled in the Philippines you will still have problems. She will need to return to the Philippines and if they get wind of her new marriage then they can prosecute her for bigamy. To compound problems, if you marry her before the first marriage is annulled then she will not be able to get the Philippines to recognize her marriage to you!

[TRanger 2]

Since she is the petitioner in her divorce she will never be able to get the Philippines to recognize the foreign divorce. That only works when the non-filipino spouse is the petitioner and the filipino is the respondent.

For getting Annulled in the Philippines you will still have problems. She will need to return to the Philippines and if they get wind of her new marriage then they can prosecute her for bigamy. To compound problems, if you marry her before the first marriage is annulled then she will not be able to get the Philippines to recognize her marriage to you!

Just to be clear, she is not the petitioner in the divorce. In Japan the process is a mutual divorce although that may not make a difference.

We will try to figure out what our options are in the Philippines. One thing we will not do, is delay being together.

[lovelyjoy 13]

Look for Marklovetina (VJ member) and other members who have been through annulment. They might be able to help you more. Annulment is the only way for you two to be together the legal, albeit long and expensive way. Whether you marry her in the US or the Philippines, CENOMAR is required in both countries.

Edited June 2, 2011 by lovelyjoy

[Deputy Purple 1,294]

Just to be clear, she is not the petitioner in the divorce. In Japan the process is a mutual divorce although that may not make a difference.

From your earlier post, "She divorced this man in Japan." kind of implied that she was the petitioner in the divorce. I know the Philippine Gov't does care who initiated the divorce, if the Japanese system doesn't distinguish then I can't guess how they will handle it.

We will try to figure out what our options are in the Philippines. One thing we will not do, is delay being together.

I understand wanting to move forward with your lives but haste is what created this situation (her not taking the time to get her Japanese Divorce Recognized in the Philippines) and further haste & impatience can make it much worse.

Is she never planning to return to the Philippines?

I know a couple who have a situation where the Philippines will never recognize their US Marriage because she (a filipino) divorced her first husband (filipino) in the US while she was here and then Married her current (USC) Husband. Her first husband passed away less than a year after never knowing that his wife had remarried. She's no longer a bigamist but the Philippines doesn't recognize her current marriage so when they travel to the Philippines he can't get the 1 year authorized stay that the rest of us can and they're worried about their ability to retire to the Philippines (him getting the resident visa) because of it. She waited for her first husband to pass away to travel to the Philippines also out of concern for being prosecuted for bigamy.

[TRanger 2]

From your earlier post, "She divorced this man in Japan." kind of implied that she was the petitioner in the divorce. I know the Philippine Gov't does care who initiated the divorce, if the Japanese system doesn't distinguish then I can't guess how they will handle it.

I understand wanting to move forward with your lives but haste is what created this situation (her not taking the time to get her Japanese Divorce Recognized in the Philippines) and further haste & impatience can make it much worse.

Is she never planning to return to the Philippines?

I know a couple who have a situation where the Philippines will never recognize their US Marriage because she (a filipino) divorced her first husband (filipino) in the US while she was here and then Married her current (USC) Husband. Her first husband passed away less than a year after never knowing that his wife had remarried. She's no longer a bigamist but the Philippines doesn't recognize her current marriage so when they travel to the Philippines he can't get the 1 year authorized stay that the rest of us can and they're worried about their ability to retire to the Philippines (him getting the resident visa) because of it. She waited for her first husband to pass away to travel to the Philippines also out of concern for being prosecuted for bigamy.

Haste and impatience are judgmental words and I don't think they are appropriate for the case. She has been separated from her first husband for maybe more than ten years. It took years for her to obtain a divorce in Japan, her country of residence. If she was going to live in Japan for the rest of her life then why seek an annulment in the Philippines? Also consider that annulment is a lengthy and costly exercise.

So along comes the American (me)and screws up her plans. We are in love and we want to spend our lives together. We talk about where we will live and what procedural BS we have to go through. The US makes the most sense, mostly for economic reasons driven by obligations that I am bound to. So we proceed down a "journey" that has been almost two years and counting. We are not lawyers and we are certainly not immigration experts. We read the rules and interpret them the best we know how. And we think we are proceeding legally and morally correctly. There is only one problem.

We didn't know all the rules and ramifications when we started and we certainly don't know them now. I have never seen more conflicting information than on this topic.

I'll assume you are trying to be helpful. So thank you for your input.

[TRanger 2]

Look for Marklovetina (VJ member) and other members who have been through annulment. They might be able to help you more. Annulment is the only way for you two to be together the legal, albeit long and expensive way. Whether you marry her in the US or the Philippines, CENOMAR is required in both countries.

I think you are incorrect. A CENOMAR is not required in Japan - this I know for a fact. A person who is free to marry anywhere is just as free to marry in the US. On that basis, I think that a CENOMAR is NOT required in our case. You are entitled to your opinion, but should not present it as fact.

[pushbrk 13,418]

I think you are incorrect. A CENOMAR is not required in Japan - this I know for a fact. A person who is free to marry anywhere is just as free to marry in the US. On that basis, I think that a CENOMAR is NOT required in our case. You are entitled to your opinion, but should not present it as fact.

I think you'll find the primary need will be addressed by the answer you already got from the Consular IV unit in Japan. The Philippines DOES recognize marriages performed in other countries and divorces from foreigners, when the divorce took place in another country. Regardless, you're going to be together in the USA and only visiting the PI. No worries.

[TRanger 2]

I think you'll find the primary need will be addressed by the answer you already got from the Consular IV unit in Japan.... you're going to be together in the USA ....

Right on the money! She was approved yesterday!!!! A ton of weight was just lifted from our shoulders.

[Deputy Purple 1,294]

Right on the money! She was approved yesterday!!!! A ton of weight was just lifted from our shoulders.

Congratulations!

Just be sure she doesn't return to the Philippines before heading to the US or she may get stuck in the Philippines. She she is found trying to leave the Philippines with a US Immigrant Visa (K-1 is dual intent) then she will need CFO Clearance which they will not issue to a K-1 holder who is still married in the Philippines.

[TRanger 2]

Congratulations!

Just be sure she doesn't return to the Philippines before heading to the US or she may get stuck in the Philippines. She she is found trying to leave the Philippines with a US Immigrant Visa (K-1 is dual intent) then she will need CFO Clearance which they will not issue to a K-1 holder who is still married in the Philippines.

Not an issue, we will be on a US-bound flight in a matter of days. (I took a risk and bought her ticket before getting the Visa). We both want to visit the Philippines, and thanks to this website, are aware of the situation you mentioned. I brought her parents to Japan to spend time with my fiancee and me at Christmas time last year. As soon as we can afford it, and are sure there are no issues, we will visit her family in the PI.

Thank You!