K-1 Fiance(e) Visa Process & Procedures

[jblake46 0]

My filipino Girlfriend resides in Japan under a permanent visa. She was married in Japan and has a daughter by a Japanese man. She was divorced in japan two years ago. Under Japan laws she is legally divorced . Under Philippines law there is no divorce procedure only annulment. Will she be required to undergo the annulment procedure before we can apply for a fiancee visa for the USA. Since she is living in Japan can we apply for the fiancee visa there. This situation is confusing to me. Any advice is greatly appreciated

[Jon and Gay 3]

First you may consult a lawyer for this case.

But in my little knowledge about the proceedings in the Philippines, here she is legally married. You may be needing a CENOMAR or certificate of no marriage in filing for finace visa to support your documents that she can be married to someone. If you decide to take it legally in the Philippines and you got your annulment approval, they will attached these papers with her marraige contract in National Statistics Office or local Civil Registry. In that way when you get documents in the Philippines she is cleared and no more hustles in your life later.

It is better to start the annulment as soon as possible, so you can go on with the journey of freely loving each other in the context of marraige. Good luck to your journey.

You may also check the Philippine Family Code for your reference.

[Cathi 5,889]

First you may consult a lawyer for this case.

But in my little knowledge about the proceedings in the Philippines, here she is legally married. You may be needing a CENOMAR or certificate of no marriage in filing for finace visa to support your documents that she can be married to someone. If you decide to take it legally in the Philippines and you got your annulment approval, they will attached these papers with her marraige contract in National Statistics Office or local Civil Registry. In that way when you get documents in the Philippines she is cleared and no more hustles in your life later.

It is better to start the annulment as soon as possible, so you can go on with the journey of freely loving each other in the context of marraige. Good luck to your journey.

You may also check the Philippine Family Code for your reference.

why would you say he needs to consult a lawyer?

[Leatherneck 693]

My filipino Girlfriend resides in Japan under a permanent visa. She was married in Japan and has a daughter by a Japanese man. She was divorced in japan two years ago. Under Japan laws she is legally divorced . Under Philippines law there is no divorce procedure only annulment. Will she be required to undergo the annulment procedure before we can apply for a fiancee visa for the USA. Since she is living in Japan can we apply for the fiancee visa there. This situation is confusing to me. Any advice is greatly appreciated

She is a permanent resident of Japan and divorced in Japan, no need to get an annulment in the Philippines, her divorce is recognized by and valid to USCIS. Japan is her home now, so the Embassy or consulate in Japan will handle the process.

She's still married only in the Philippines, otherwise, her divorce is as "good as gold" to the rest of the world. No lawyer is needed unless you have a complicated case.

Edited January 20, 2013 by Leatherneck

[Jon and Gay 3]

My filipino Girlfriend resides in Japan under a permanent visa. She was married in Japan and has a daughter by a Japanese man. She was divorced in japan two years ago. Under Japan laws she is legally divorced . Under Philippines law there is no divorce procedure only annulment. Will she be required to undergo the annulment procedure before we can apply for a fiancee visa for the USA. Since she is living in Japan can we apply for the fiancee visa there. This situation is confusing to me. Any advice is greatly appreciated

Okay take 2:

This is what the Family Code says:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Also she may contact National Statistics Office for her divorce papers to attached in marriage contract before, so she will be cleared in the Philippines.

[jblake46 0]

She is a permanent resident of Japan and divorced in Japan, no need to get an annulment in the Philippines, her divorce is recognized by and valid to USCIS. Japan is her home now, so the Embassy or consulate in Japan will handle the process.

She's still married only in the Philippines, otherwise, her divorce is as "good as gold" to the rest of the world. No lawyer is needed unless you have a complicated case.

Thanks, its so hard now and days to get a straight answer in layman terms.

Okay take 2:

This is what the Family Code says:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Also she may contact National Statistics Office for her divorce papers to attached in marriage contract before, so she will be cleared in the Philippines.

Wow, Now I need a lawyer to translate this, but it sounds pretty much what letterneck said

[jblake46 0]

Okay take 2:

This is what the Family Code says:

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Also she may contact National Statistics Office for her divorce papers to attached in marriage contract before, so she will be cleared in the Philippines.

I take that back, i think this is saying as long as they are legally divorced, no annulment is needed. Thanks for taking the time to looking this up. can you give me the link to where this at. thanks Jeff

[Jon and Gay 3]

I take that back, i think this is saying as long as they are legally divorced, no annulment is needed. Thanks for taking the time to looking this up. can you give me the link to where this at. thanks Jeff

Yes I think we have the same understanding now. But I would like to inform you that in the Phils. You need to attached that divorced decision in her marriage certificate so that it will be adopted in our country. I have sent you the links.

You may contact National Statistics Office on how the divorced decision will be attached to her marriage contract before. Ill be sending you the link too.

Good luck.

[Leatherneck 693]

Yes I think we have the same understanding now. But I would like to inform you that in the Phils. You need to attached that divorced decision in her marriage certificate so that it will be adopted in our country. I have sent you the links.

The OP/gf does not have to notify NSO of the divorce that took place in Japan nor does a marriage that occurred outside of the Philippines need to registered in the Philippines. The decision to register a marriage or to have an annulment recognized in the Philippines is purely optional, personal and/or based on current circumstances or future needs.

You may contact National Statistics Office on how the divorced decision will be attached to her marriage contract before. Ill be sending you the link too.

See above, the same answer applies here.

Good luck.

The OP's gf will need nothing from the Philippine gov't accept a police/NBI clearance, considering that's where she's from and lived there longer than 6 months. Other than that, the gf's visa application will be adjudicated in Japan based on perimeters used by the Embassy or consulate in Japan and based on what is customary for Japan. The OP's gf is of Filipino heritage residing legally in Japan as a permenant resident, therefore, they will follow the Embassy guidelines for Japan, not what is customary for the Philippines.

[Leatherneck 693]

Thanks, its so hard now and days to get a straight answer in layman terms.

Click here for the "All Japan Filers" thread, you can ask and get answers to your questions that are specific to the visa process when applying from Japan.

Click here to view a video with useful info provided by the U.S. Embassy Tokyo.

Wow, Now I need a lawyer to translate this, but it sounds pretty much what letterneck said