Jump to content
cbrniner

Divorced , then married and now an Oath away from US Citizen

 Share

16 posts in this topic

Recommended Posts

Okay I know this may have been asked alot , so I am just trying to clarify some things for our situation .....When my Wife and I met she was married but separated in PI ....I met her in the US ... She moved here and we got her divorce done in the USA , her ex husband signed everything and it went through here , We were then married in the US and proceeded with AOS then ROC and now just waiting for Oath date ....

questions :

1: Once she is a US citizen can she legally change her name on her PI passport ??

2: Will her Divorce now be recognized in PI or can she get arrested if she goes to visit for being married in 2 places ?

3: Is there any problems with her having dual citzenship ...

Sorry just trying to make sense of everything cause yes the Family law is crazy .....

By the way she is Filipina and I am the USC , well for maybe a couple more weeks ..LOL

Married April 27th 2010

05-05-2010 Sent AOS I130-I485-I131-I765
05-06-2010 Received at Chicago lock box
05-11-2010 Checks Cashed
05-14-2010 NOA's received
05-17-2010 BIO letter received (appointment June 3rd) will try to do walkin
05-27-2010 RFE - I485 (text from USCIS) , letter on way (I know its I864 form, have it already to go as soon as letter gets here)
06-02-2010 RFE sent back postal express
06-03-2010 Scheduled BIO DONE !!!!
06-04-2010 RFE was received by Homeland Security and case has now resumed
06-17-2010 Interview letter received (Interview date July 28th )
07-14-2010 EAD ordered for production
07-15-2010 I765 and I131 touched
07-28-2010 Interview ...APPROVED
07-28-2010 EAD received
08-02-2010 Welcome letter and I130 approval received
08-11-2010
Green Card Received

Note : At the beginning of the above process we also applied for my step son to come from the Philippines , after the approved interview I contacted my state Senator which was Harry Reid , I am Happy to say as of 10-05-2010 he arrived in the US after being quickly expedited

04-30-2012 I-751 ROC sent
05-02-2012 NOA dated
05-21-2012 Received BIO dated 5/18 appt 6/14
12-05-2012 Approved and New cards in Production

12-10-2012 ROC completed Green Cards Received

04-28-2013 N400 Sent - Phoenix Lockbox

05-01-2013 NOA Priority Date

05-06-2013 Check Cashed

05-31-2013 Biometrics

08-14-2013 Interview/Civics Test

10-19-2013 Oath - US Citizen

Link to comment
Share on other sites

1) PI passport is useless.

2) She needs to get a "Recognition of Foreign Judgment".

3) Seems best idea = Get the recognition before applying for dual citizenship. .

Edited by Crashed~N2~Me
Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

Something like this was just asked recently, part of the answers start with "depends"..

You wife was married in the Philippines to a Filipino or Kano? It appears she initiated the divorce so it will not be recognized in the Philippines, thus an annulment will be needed still as she is still married to the other the way the Philippines looks at things.

No problem to have dual citizenship (sort of, there will be name issues). But until the annulment her married name is what is recorded already in the Philippines.

That is my humble opinion....

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Link to comment
Share on other sites

1) PI passport is useless.

2) She needs to get a "Recognition of Foreign Judgment".

3) Seems best idea = Get the recognition before applying for dual citizenship. .

1) Why is it useless ????

2) Is there more information on this ??

Something like this was just asked recently, part of the answers start with "depends"..

You wife was married in the Philippines to a Filipino or Kano? It appears she initiated the divorce so it will not be recognized in the Philippines, thus an annulment will be needed still as she is still married to the other the way the Philippines looks at things.

No problem to have dual citizenship (sort of, there will be name issues). But until the annulment her married name is what is recorded already in the Philippines.

That is my humble opinion....

Indeed she was married to a Filipino ........This conflicts with the other reply ...now I know why this is confusing ...LOL

Married April 27th 2010

05-05-2010 Sent AOS I130-I485-I131-I765
05-06-2010 Received at Chicago lock box
05-11-2010 Checks Cashed
05-14-2010 NOA's received
05-17-2010 BIO letter received (appointment June 3rd) will try to do walkin
05-27-2010 RFE - I485 (text from USCIS) , letter on way (I know its I864 form, have it already to go as soon as letter gets here)
06-02-2010 RFE sent back postal express
06-03-2010 Scheduled BIO DONE !!!!
06-04-2010 RFE was received by Homeland Security and case has now resumed
06-17-2010 Interview letter received (Interview date July 28th )
07-14-2010 EAD ordered for production
07-15-2010 I765 and I131 touched
07-28-2010 Interview ...APPROVED
07-28-2010 EAD received
08-02-2010 Welcome letter and I130 approval received
08-11-2010
Green Card Received

Note : At the beginning of the above process we also applied for my step son to come from the Philippines , after the approved interview I contacted my state Senator which was Harry Reid , I am Happy to say as of 10-05-2010 he arrived in the US after being quickly expedited

04-30-2012 I-751 ROC sent
05-02-2012 NOA dated
05-21-2012 Received BIO dated 5/18 appt 6/14
12-05-2012 Approved and New cards in Production

12-10-2012 ROC completed Green Cards Received

04-28-2013 N400 Sent - Phoenix Lockbox

05-01-2013 NOA Priority Date

05-06-2013 Check Cashed

05-31-2013 Biometrics

08-14-2013 Interview/Civics Test

10-19-2013 Oath - US Citizen

Link to comment
Share on other sites

1) Why is it useless ????

2) Is there more information on this ??

Indeed she was married to a Filipino ........This conflicts with the other reply ...now I know why this is confusing ...LOL

1) US Citizens don't carry PI passports.

2) Yep...Google is your friend.

3) (soon to be) She's a US Citizen = Recognition is less expensive and quicker. Her PI citizenship is now irrelevant...

_______________________________________________________

oooops...eta: She got the divorce before becoming a US citizen...hmmmm....I think Hank is correct. You have to do the annulment.

I will do a little reading & get back.

______________________________________

Okay..I'm back. Yep. Hank is correct. Divorce after US citizenship = recognition. Divorce before = No good in PI so have to do an annulment.

Good luck.

Edited by Crashed~N2~Me
Link to comment
Share on other sites

Yes , Her divorce was before her US Citizenship as she is still to take the Oath ...Plus she needed the divorce here so we could be wed in US

1) US Citizens don't carry PI passports.

2) Yep...Google is your friend.

3) (soon to be) She's a US Citizen = Recognition is less expensive and quicker. Her PI citizenship is now irrelevant...

_______________________________________________________

oooops...eta: She got the divorce before becoming a US citizen...hmmmm....I think Hank is correct. You have to do the annulment.

I will do a little reading & get back.

Married April 27th 2010

05-05-2010 Sent AOS I130-I485-I131-I765
05-06-2010 Received at Chicago lock box
05-11-2010 Checks Cashed
05-14-2010 NOA's received
05-17-2010 BIO letter received (appointment June 3rd) will try to do walkin
05-27-2010 RFE - I485 (text from USCIS) , letter on way (I know its I864 form, have it already to go as soon as letter gets here)
06-02-2010 RFE sent back postal express
06-03-2010 Scheduled BIO DONE !!!!
06-04-2010 RFE was received by Homeland Security and case has now resumed
06-17-2010 Interview letter received (Interview date July 28th )
07-14-2010 EAD ordered for production
07-15-2010 I765 and I131 touched
07-28-2010 Interview ...APPROVED
07-28-2010 EAD received
08-02-2010 Welcome letter and I130 approval received
08-11-2010
Green Card Received

Note : At the beginning of the above process we also applied for my step son to come from the Philippines , after the approved interview I contacted my state Senator which was Harry Reid , I am Happy to say as of 10-05-2010 he arrived in the US after being quickly expedited

04-30-2012 I-751 ROC sent
05-02-2012 NOA dated
05-21-2012 Received BIO dated 5/18 appt 6/14
12-05-2012 Approved and New cards in Production

12-10-2012 ROC completed Green Cards Received

04-28-2013 N400 Sent - Phoenix Lockbox

05-01-2013 NOA Priority Date

05-06-2013 Check Cashed

05-31-2013 Biometrics

08-14-2013 Interview/Civics Test

10-19-2013 Oath - US Citizen

Link to comment
Share on other sites

questions :

1: Once she is a US citizen can she legally change her name on her PI passport ??

I'm a little slow to connect the dots sometimes...I've been chewing on this...&

1) Dual citizen needs both US & PI passport.

Is that more along the line of your question?

Edited by Crashed~N2~Me
Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

Yes , Her divorce was before her US Citizenship as she is still to take the Oath ...Plus she needed the divorce here so we could be wed in US

You will more than likely have to follow the winding road to annulment in the Philippines to get all things cleared up for dual citizenship.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Link to comment
Share on other sites

I believe she will have to turn in her PI passport when she becomes a USC and gets a US passport, right? (The US does not recognize dual citizenship) Then she will have to re-apply for dual citizenship and PI passport if desired. (PI DOES recognize dual citizenship)

Can't speak to the annulment process, but the posts above make sense to me.

Link to comment
Share on other sites

Filed: Other Country: Philippines
Timeline

I believe she will have to turn in her PI passport when she becomes a USC and gets a US passport, right? (The US does not recognize dual citizenship) Then she will have to re-apply for dual citizenship and PI passport if desired. (PI DOES recognize dual citizenship)

Can't speak to the annulment process, but the posts above make sense to me.

U.S. has no issues with dual citizenship, and they do recognize it. She will not turn in her Philippine passport, when getting the U.S. passport.

For completing dual citizenship it a simple reaffirmation form (oath) can be done during a consulate outreach program.

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Link to comment
Share on other sites

Well slap my face and call me Zsa Zsa. I could have sworn I read somewhere that foreign citizenship had to be relinquished when accepting USC. Thanks for squaring me away, Hank! I wish I could remember where I got this bogus info when I was researching the visa/GC/naturalization thing.

And I just read that there is no residency requirement if the USC resides outside the US for reasons of employment (as often happens in the military). In that case, one can file for Naturalization without having to file for LPR after 2 years of CPR status:

A CPR spouse of a U.S. citizen employed abroad may naturalize without filing a petition to remove conditions if:

Edited by DavenRoxy
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

Well slap my face and call me Zsa Zsa. I could have sworn I read somewhere that foreign citizenship had to be relinquished when accepting USC. Thanks for squaring me away, Hank! I wish I could remember where I got this bogus info when I was researching the visa/GC/naturalization thing.

You were correct before that the US doesn't "recognise" dual citizenship but it doesn't forbid it or prevent it and it isn't illegal. For the US you will also be a US citizen but it doesn't make you give up other nationalities/citizenships. This is up to your "other" country.

Personally, once the time comes I will be a US/UK/Australian.

Link to comment
Share on other sites

It is more on the country of original citizenship, it seems. For example, China forces a citizen to renounce THEIR citizenship if they become a USC. But I reckon the PI doesn't do that.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

It is more on the country of original citizenship, it seems. For example, China forces a citizen to renounce THEIR citizenship if they become a USC. But I reckon the PI doesn't do that.

PI has you lose it automatically, so you need to reapply (just a paperwork thing, not difficult). There are threads about it.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...