Please Help!

[jui_uy 1]

PLEASE HELP!

I just read a while ago here in VJ about a k1 denial in Nigeria. He met his fiancee in 2008. But his fiancee filed for her divorce in 2009 and got finalized in 2010.

I might be having the same problem as this... Please shed some light with my situation sisters...

Here's my story:

My fiance and I met online June of 2009. He first sent me a question if I knew this certain person who has the same family name as mine. Before replying to his inquiry, I searched first as to who our mutual friend is. She was my co-worker who happens to have lots of relatives living in California, the state where my fiance lives. I thought he was my co-worker's uncle because he's 14 years older than me and was a Filipino too. So I replied briefly and politely telling him, "no".... From there, he sent me another message introducing formally himself and the rest was history. (but it was only after 1 month that I found out that my co-worker didn't know him at all... Hahaha!)

We agreed to become official and exclusive on August 30, 2009. He came home again here in the Philippines after 11 years of absence on October 2009 and stayed for over 2 weeks.

The story of his divorce was this: The divorce was filed april of 2009. His ex-wife moved out of their house march of 2009.

I got pregnant immediately after our first meeting on October-November of 2009. He visited me 3x already before the filing of our k1 because his divorce got finalized just this April of 2011. The divorce took that long because of settlement issues, the ex-wife demanded more from him financially. So he was able to petition me just this June of 2011. He came to visit again last july and stayed for almost 3 weeks to celebrate our daughter's 1st birthday.

My concern is, do you think I will be having the same problem too as that of the Nigerian case that I mentioned? Oh God, please help. I will be having my interview on December 1 at thr Manila Consulate already!

[mylgel 0]

hey, let us know what happen to your interview.

[Jim N Augie 16]

some of this is country specific maybe someone more experienced can chime in later. I hear nigeria is very strict. example..in US it is normal to be dating someone who is only separated but not yet divorced. In my case I knew my fiance while she is separated but did not FILE k1 until the annul was done. You both have to be free to marry to file. thats the US requirement I think the one in Nigeria they are just giving hard time to. I will not have any problems in my case. yours will be a bit different since petitioner is father of the child but just some different forms to establish that. someone with more experience with that will need to explain more. worse if you were the one still married as it does violate phil law but rarely enforced. meantime you can research at VJ. there was one about a month ago asking about k1 since the childs father is the petitioner. good luck

Edited November 20, 2011 by Jim N Augie

[jui_uy 1]

We have already settled the problem with our daughter. We even undetwent DNA testing for the approval of our daughter's CRBA. My daughter is now a US citizen and has her passport.

As for the filing, as much as we wanted to be together earlier, we really waited for his divorced to be finalized before we filed the K1 petition. I was never married and he got his divorced finalized 2 months before we filed for the k1.

It's just that we met and had our baby before the divorce got finalized.... I really don't know and I'm very worried. I really hope that the CO will consider the fact my fiance's ex-wife moved out already months before we met online. (and this fact was written in their decree as well)....

[Jim N Augie 16]

my point really is that US follows the other countries custody and divorce laws. since you were not the one that was married I see no issue with Phil law. its not illegal to have child out of wedlock there. You broke no law. If they chose to follow US law well those things happen everyday here and they have no issue with your boyfriend. I think the problem is with Nigeria but thats only my opinion. I know nothing bout Nigeria law. Worse if you were the married one because they could enforce the Phil law but that is rare.) Hopefully someone who has been in your situation will reply but just relax and research ok ?

[Jim N Augie 16]

to clarify ..if you were in the US already his ex wife could sue you or if he left you or stayed with his wife and did not marry you you could get child support thats about all from the US side. its not a criminal case. None of that applies because in your k1 you met the requirements and they will be following phil law of which you broke none. Its great you already have all the papers on the child. I believe this is strictly a Nigeria law issue.

[jui_uy 1]

my point really is that US follows the other countries custody and divorce laws. since you were not the one that was married I see no issue with Phil law. its not illegal to have child out of wedlock there. You broke no law. If they chose to follow US law well those things happen everyday here and they have no issue with your boyfriend. I think the problem is with Nigeria but thats only my opinion. I know nothing bout Nigeria law. Worse if you were the married one because they could enforce the Phil law but that is rare.) Hopefully someone who has been in your situation will reply but just relax and research ok ?

Okay... Thank you so much for your insights and encouragement!

[Jim N Augie 16]

Okay... Thank you so much for your insights and encouragement!

welcome, I honestly dont see any issue for you

[jui_uy 1]

welcome, I honestly dont see any issue for you

:-) thank you and God bless!

[EminTX 131]

My daughter is now a US citizen and has her passport.

Your daughter is a citizen and has a US passport? I thought that was possible only for military or those with proof of being actually born on US soil. Can you explain a bit more about this?

[az110965 252]

Your daughter is a citizen and has a US passport? I thought that was possible only for military or those with proof of being actually born on US soil. Can you explain a bit more about this?

Any child born to a USC automatically is a USC also and as such is entitled to a US passport. Place of birth has no bearing on citienship. Lineage is everything.

Edited November 20, 2011 by az110965

[TeapotGirl 66]

Any child born to a USC automatically is a USC also and as such is entitled to a US passport. Place of birth has no bearing on citienship. Lineage is everything.

Not really.. There are a lot of kids here by USC ( as you all know this place was once a US military base.) but still has to go through some papers ( and sometimes DNA test) to be a USC filed by their immediate relative which is their father.

Edited November 20, 2011 by teapotgurl1983

[az110965 252]

Not really.. There are a lot of kids here by USC ( as you all know this place was once a US military base.) but still has to go through some papers ( and DNA test) to be a USC filed by their immediate relative which is their father.

Sorry,

I forgot to mention the DNA test...

A child born to a USC, whether here in the USA or abroad is a USC, and as such receives a US Passport (after positive proof of paternity has been established)...

Better?

[TeapotGirl 66]

Sorry,

I forgot to mention the DNA test...

A child born to a USC, whether here in the USA or abroad is a USC, and as such receives a US Passport (after positive proof of paternity has been established)...

Better?

Just remove the term "automatic" because US has a rule on every country.

[Hank_ 9,174]

Your daughter is a citizen and has a US passport? I thought that was possible only for military or those with proof of being actually born on US soil. Can you explain a bit more about this?

I think the born on US soil only applies if the person wants to be president...