Please Help!

[Jim N Augie 16]

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

LOL and that my be debatable too

[EminTX 131]

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)...

It appears more complicated than that. I didn't realize there were so many routes to citizenship for the wee little folks that we create.

Wikipedia page about this topic-covered in top 1/3 of page

Very interesting stuff.

[tomkean28 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!

The same Nigeria post got me all worked up and worried as I may be in a similar situation. I guess we'reall just gonna have to wait and see what happens.

[Jim N Augie 16]

about 3 months ago there was an episode on Nat Geo where an Australian or Brit was living with a filipina in Phil. She was separated but not annulled and he got her pregnant. the husband asked for money or he would turn them in. Long story short he turned them in they got locked up for a bit paid a bribe and "escaped", forged her passport and made it to his country. many phil family code laws came into play on this. It was why they got locked up and NO JOKE under these laws the husband could claim the child at birth. if you visit a girl there be careful. it is not something either country enforces and I have never heard of an issue at interview. the danger is if her husband even tho gone many years hears about it he can invoke the law thru complaint. You have to stop thinking by US standards and know the laws of the country you are in or petitioning. Nothing like that would ever happen in the US and I know it sounds crazy. I have no idea how crazy Nigerian laws are but in a petition the US has requirements but also follows the other countries laws on divorce and custody. Dont let that nigerian post scare you just research Philippine law or whatever country you are dealing with because its the only one that matters. the other thing to get your head around is divorce is a US disposition. Phil is annulment its very different. It is a way for the church there to pretend the marriage never occurred. I believe this is why the problem of knowing fiance before she is annulled is not an issue at interview. if the marriage never occurred then neither did the crime of knowing her while she was married because she was never married. I know it sounds twisted but get it?

[thelastpetitioner 218]

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

Tis ONE thIng is not country specific. You have to be free to marry to file.the child is irrelevant in this case.the child is a USC.

See when you file for k-1 in basic matters such as the divorce law,you have to meet the states requirements. When it comes to proving your relationship and the legitimacy of your relationship, you have to follow the home country's culture.

OP you may or may not have a problem. The CO may or may not be satisfied with your answers when they ask about your husbands past. I suggest you get ready for getting grilled and front load with evidence.

[hcfrey 6]

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

[Jim N Augie 16]

Tis ONE thIng is not country specific. You have to be free to marry to file.the child is irrelevant in this case.the child is a USC.

See when you file for k-1 in basic matters such as the divorce law,you have to meet the states requirements. When it comes to proving your relationship and the legitimacy of your relationship, you have to follow the home country's culture.

OP you may or may not have a problem. The CO may or may not be satisfied with your answers when they ask about your husbands past. I suggest you get ready for getting grilled and front load with evidence.

you do have to be free to marry at time of filing. The OP here said she was unless I misunderstood. Is that the problem in the Nigeria case? I thought it was more about some of their laws but I only read thru it once. I read at a US site that they follow the laws of the other country in divorce and custody.

Edited November 21, 2011 by Jim N Augie

[jui_uy 1]

My fiance's divorce was already finalized already before he filed for our k1. As for me, i have never been married. So, what law are we talking about here?

[Jim N Augie 16]

My fiance's divorce was already finalized already before he filed for our k1. As for me, i have never been married. So, what law are we talking about here?

exactly, you meet the requirements and will be fine

[thelastpetitioner 218]

My fiance's divorce was already finalized already before he filed for our k1. As for me, i have never been married. So, what law are we talking about here?

If your fiancé was free the you're good,BUT they are still going to ask you about the short period between his divorce and your relationship. It's not enough to deny you at all,but it is a topic that will come up

[Jim N Augie 16]

Just an update, our visa was approved nov 25th. I knew my fiance the entire 3 years it took for the annulment. ( she was only separated all that time). We filed k1 as fast as we could because already waiting 3 years. They can ask anything they want of course and they did ask how long it took, what date it was final etc. It was not a problem at interview. Jim.

Edited November 26, 2011 by Jim N Augie

[Samara 4]

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!

Please do let us know what happened at the interview cause am in the same exact situation only my child was born in USA and got pregnant in a country that do not allow to have children without being married. Hope everything will go well for you.

[Jim N Augie 16]

Please do let us know what happened at the interview cause am in the same exact situation only my child was born in USA and got pregnant in a country that do not allow to have children without being married. Hope everything will go well for you.

Just remember your situation is different as far as which country and that will be important. good luck.

[jui_uy 1]

Hi everyone! Just got my VISA APPROVAL this morning. And for everyone waiting for my interview result... Yeeeyyy! For the info of everyone, it wasn't a big deal i think for them, both the filipino interviewer and the American CO. They didn't even asked me about it. The American CO didn't even looked at our pictures. He just asked for my daughter's CRBA and US Passport. He even said "hello!" to my daughter's picture in her passport which made me laugh. And then that was it. No more other necessary questions made. He did all the talking. To end the interview, he just said, "well, i can see that both of you are free to marry, so you have 90 days to do this." But I still wasn't convince with what he said, so I asked, "what will I tell my fiance now sir?" He smiled and said, "Tell him, you're visa has been approved. You're going to be together soon, so see you." Upon hearing that, I laughed and replied, "thank you so much sir. It was a pleasure meeting you." He said, "a pleasure talking to you too."

[Samara 4]

congratulations!!!!