Filipina previously married in Phil. and remaried in Canada with US citizen man with out undergo the annulment in Phil. anyone can advice ?

[Darnell 8,479]

CR-2 visas are do-able after age 18 if the parent was married before the child turns 18.

So, if the child is over 18, and the mother marries, it's my understanding the USCitizen spouse cannot file a CR-2 on the 'over-18' child. That's the regs.

If it was a K-1 visa where there were K-2 children involved, the cut off is 21.

If something has changed on this, by all means, fellas - speak up on the CR-2 stuff and 'age out', nowish.

Yes, it would be a change to 9FAM, from 2010 forward. (my knowledge of 9FAM stops at FEB 2010)

[Tahoma 2,298]

The U.S. Embassy will accept your friend's Canadian divorce. In that regard, she won't have any problems getting a spousal visa.

The CFO is the one who may have a problem with her lack of an annulment. However, If she gets her spousal visa in Canada, she won't have to worry about completing the CFO seminar.

[S & H 4]

She is still considered married under Filipino law. See the wiki link for more information http://en.wikipedia.org/wiki/Divorce_law_around_the_world#Philippines. I don't see any issues as long as she doesn't get her visa interview at the US Embassy in Manila.

[joyjohn 18]

hum.....problem #1..Complications can arise, however. For example, if a legally married Filipino citizen obtains a divorce outside of the Philippines, that divorce would not be recognized inside the Philippines. If that person (now unmarried outside of the Philippines) then remarries outside of the Philippines, he or she could arguably be considered in the Philippines as having committed the crime of bigamy under Philippine Laws.^{[according to whom?]} The above complications will not arise if the legally married Filipino citizen obtains foreign citizenship first, then secures a foreign divorce decree. so its in her best interest not to go to manila to do any paper work or interview..... ( my brother had to pay for his now wife's annulment before they got married/ yes because she was still in the Philippines )

problem #2.....until the kids reach the legal age the Father always has his rights .....she has to get his consent, to travel and to live abroad...the kids can't fly out of manila without going thou the CFO process. so this means that if they age out, she has to go thou the other channels to get them here and that's a long process, but do-able.......my brother was lucky on this ...his stepson is only 16, but he filed the I-130..IR-2 ( they didn't include him on the their original I-130 for her, as a follow to join. ), and he had to pay the father for the consent. ........SO if this father wouldn't sign the divorce decree what makes her think he would ever consent for his kids??

this is just my thought's on this matter and not legal arguement

[VerNice♥ 1]

mean to say she has to stay in Canada 'til the paper work done for the spousal visa? then undergo the interview in Canada instead in Manila, am I correct? her younger daughter is 18 years of age but then the elder turn to 21 years old this coming Sept. this year.

She got divorced in CAnada and already re married last few months ago this year.

When she gets to join her husband foreigner in the US she needs to be a citizen first before she can go back to her country ? in order for her to void the pinoy married?

As she said her US husband lawyer didn't ask the annullment because she got a divorced in Canada, I think that was a strong evidence then, but she shouldn't go back to Philippines while the petition is on process.

thanks for the reply guys, much appreciated .

[S & H 4]

hum.....problem #1..Complications can arise, however. For example, if a legally married Filipino citizen obtains a divorce outside of the Philippines, that divorce would not be recognized inside the Philippines. If that person (now unmarried outside of the Philippines) then remarries outside of the Philippines, he or she could arguably be considered in the Philippines as having committed the crime of bigamy under Philippine Laws.^{[according to whom?]} The above complications will not arise if the legally married Filipino citizen obtains foreign citizenship first, then secures a foreign divorce decree. so its in her best interest not to go to manila to do any paper work or interview..... ( my brother had to pay for his now wife's annulment before they got married/ yes because she was still in the Philippines )

problem #2.....until the kids reach the legal age the Father always has his rights .....she has to get his consent, to travel and to live abroad...the kids can't fly out of manila without going thou the CFO process. so this means that if they age out, she has to go thou the other channels to get them here and that's a long process, but do-able.......my brother was lucky on this ...his stepson is only 16, but he filed the I-130..IR-2 ( they didn't include him on the their original I-130 for her, as a follow to join. ), and he had to pay the father for the consent. ........SO if this father wouldn't sign the divorce decree what makes her think he would ever consent for his kids??

this is just my thought's on this matter and not legal arguement

Very good points.

mean to say she has to stay in Canada 'til the paper work done for the spousal visa? then undergo the interview in Canada instead in Manila, am I correct? her younger daughter is 18 years of age but then the elder turn to 21 years old this coming Sept. this year.

She got divorced in CAnada and already re married last few months ago this year.

When she gets to join her husband foreigner in the US she needs to be a citizen first before she can go back to her country ? in order for her to void the pinoy married?

As she said her US husband lawyer didn't ask the annullment because she got a divorced in Canada, I think that was a strong evidence then, but she shouldn't go back to Philippines while the petition is on process.

thanks for the reply guys, much appreciated .

If I recall, the visa interview must be in the same country where the marriage took place (I'm assuming Canada) irregardless of the citizenship of the beneficiary. Maybe someone can confirm this.

[Inky 1,111]

Very good points.

If I recall, the visa interview must be in the same country where the marriage took place (I'm assuming Canada) irregardless of the citizenship of the beneficiary. Maybe someone can confirm this.

No it does not. It happens in the country the beneficiary is living in. You cannot just interview in a random country you got married in. They don't do that, you must have a valid visa or residency status for the country you are in to be interviewed by the US embassy there.

The OPs friend can have the interview in Canada ONLY if her work visa is kept current. If not she has to go back home to her country and have her interview there.

[S & H 4]

No it does not. It happens in the country the beneficiary is living in. You cannot just interview in a random country you got married in. They don't do that, you must have a valid visa or residency status for the country you are in to be interviewed by the US embassy there.

The OPs friend can have the interview in Canada ONLY if her work visa is kept current. If not she has to go back home to her country and have her interview there.

Sorry for the wrong information. What I said only applies to K-3 visas only.

If the NVC receives the approved I-129F petition before it receives the I-130 petition, the NVC will process the I-129F petition. NVC will then send the I-129F petition to the U.S. Embassy or Consulate in the country where the marriage took place. If the marriage took place in the United States, the NVC will send the petition to the U.S. Embassy or Consulate that issues visas in the foreign-citizen spouse’s country of nationality. If the marriage took place in a country that does not have a U.S. Embassy, or the Embassy or Consulate does not issue visas, the NVC will send the petition to the U.S. Embassy or Consulate that normally processes visas for citizens of that country. For example, if the marriage took place in Iran where the U.S. does not have an Embassy or Consulate, the petition would be sent to Turkey.

http://travel.state.gov/visa/immigrants/types/types_2993.html

[Darnell 8,479]

oh look ! a wiki entry !

oh wait ! a wiki copy/paste !

no no no ! we refuse to read what Darnell wrote. aiyo.

-----

how many children were UNDER 18 at the time of marriage to USCitizen? Those children are eligible for the USCitizen to petition for them, for a CR-2 visa.

Edited June 7, 2013 by Darnell

[Darnell 8,479]

problem #2.....until the kids reach the legal age the Father always has his rights .....she has to get his consent, to travel and to live abroad...the kids can't fly out of manila without going thou the CFO process. so this means that if they age out, she has to go thou the other channels to get them here and that's a long process, but do-able.......my brother was lucky on this ...his stepson is only 16, but he filed the I-130..IR-2 ( they didn't include him on the their original I-130 for her, as a follow to join. ), and he had to pay the father for the consent. ........SO if this father wouldn't sign the divorce decree what makes her think he would ever consent for his kids??

this is just my thought's on this matter and not legal arguement

problem #3 - you refuse to read the bit where the Pinay in Canada has (in her hand) a written letter, already, from ex-husband, giving his consent for the children to leave the RoP with the mother.

but that's ok.

If the OP's friend's kids had COME WITH HER on the work visa (sometimes it's allowed and certainly is ok with the father, she has the letter of consent) then things would be much different, at least for the children under 18 at time of the marriage to a USCitizen.

The flipside of this 'legal age' problem - is that the kids over the age of 18 , over the age of legal consent, cannot immigrate on a CR-2 visa, unless they were under 18 when the marriage to a USCitizen took place.

Now, if a K-1 visa was filed (with no marriage) the other children could be older, a K-2 FTJ casefile set up for each child, but the child NOT be 21 years by time of interview in Manila IV. It's a completely different problem, but I think the OP is thinking 'age 20 is ok' for a CR-2 visa, and it's really not. The 'age out of 21' is for the K-2, not the CR-2.

But hey - these things matter. The OP's friend will learn what matters, very soon, I think so.

[joyjohn 18]

problem #3 - you refuse to read the bit where the Pinay in Canada has (in her hand) a written letter, already, from ex-husband, giving his consent for the children to leave the RoP with the mother.

but that's ok.

If the OP's friend's kids had COME WITH HER on the work visa (sometimes it's allowed and certainly is ok with the father, she has the letter of consent) then things would be much different, at least for the children under 18 at time of the marriage to a USCitizen.

The flipside of this 'legal age' problem - is that the kids over the age of 18 , over the age of legal consent, cannot immigrate on a CR-2 visa, unless they were under 18 when the marriage to a USCitizen took place.

Now, if a K-1 visa was filed (with no marriage) the other children could be older, a K-2 FTJ casefile set up for each child, but the child NOT be 21 years by time of interview in Manila IV. It's a completely different problem, but I think the OP is thinking 'age 20 is ok' for a CR-2 visa, and it's really not. The 'age out of 21' is for the K-2, not the CR-2.

But hey - these things matter. The OP's friend will learn what matters, very soon, I think so.

problem #3 - you refuse to read the bit where the Pinay in Canada has (in her hand) a written letter, already, from ex-husband, giving his consent for the children to leave the RoP with the mother.

but that's ok. ........yes I did read that part Darnell, but hears my take on it....she's a (OFW) work visa and yes her then husband gave consent for the kids to travel cause of her work visa and if and when her contact ends so does the consent, its a different matter for him to consent if the kids are still under legal age , to give consent to live hear in the usa. and of course since they already are married a CR-1 is what the us guy would file.

yes I agree on the other parts you mention.....the age of the kids when they married and how to file for them.....they have a long hard road ahead I believe!

[Darnell 8,479]

ah - conditional consent - perhaps that's what she has, in hand? nevermind, I'm beating a dead horse.

Thanks for the feedback, though - I learn something new, sometimes.

[joyjohn 18]

ah - conditional consent - perhaps that's what she has, in hand? nevermind, I'm beating a dead horse.

Thanks for the feedback, though - I learn something new, sometimes.

its ok iam just hear to help (if) I can. two major points....he consented when they where married...she filed for divorce in Canady and he refused to sign, in the PI you can give a conditional consent to travel, for immigration you give a consent to travel and live in a certain country, and that's what the CFO looks for. there problem isn't so much about the kids, they can petition them which ever way they can, they better figure out how to clean up the not having a annulment, and him not signing a divorce . the CO in manila will have many questions about that I believe.

BTW ......ive enjoyed reading your posts over the years, you do good work.

[belinda63 3,053]

The way I'm reading this is both children were 18 or older when the marriage happened. Thus they will have to wait for the mother to become an LPR and she can petition for them. Since both children are 18+ is there a need for the father's consent? (Phlippine law). Moot point anyway since there will be a wait for them due to the mother having to file.

Since the she is already married to the US citizen speaking of the K-1 is moot also.

[VerNice♥ 1]

Thanks guys for the replies on this subject matter, I went to Canada to visit my friend and spent few nights and days last week, and I met her american husband seems everything is ok with them and we're talking about my friend visa processing there's another way how to get her eldest daughter to Canada instead to the U.S. and later will wait 'til the US petition for her would be approved, she's a nurse graduate and they are trying to help her to apply a job to Canada but this time her daughter working and the same time currently studying as a law in the Philippines. The youngest one has the assuranse can get to the U.S. with the visa petition of her spouse but the problem is she has a baby and she's a single mom and my friend spouse lawyer said the babby will follow her to the U.S. when she get the green card and become permament resident. So my friend she's willing to help her eldest daughter to find a job in Canada so she can visit her easily.