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Posted

Is the divorce from the Korean husband final?[/font9

Yes the divorce has been final for more than 5 years. We have the divorce decree. We didnt go to the LR but she was turned away at the NSO office yesterday. They said she cant have it annotated.

She can have it annotated but she has to start with LC first. Then LC must send to NSO. NSO can't do anything till it is filed with the LC and received from the LC.

Put the horse in front of the cart and you will get the cart and the horse moving in the right direction. I've been through this and these are the steps.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Posted

I swear there are no rules or regulations being followed. Its just the day and mood of the individual that you deal with...

You don't go to the DMV to get a marriage license, do you? There are rules and regs to follow for the problem you are dealing with, but not knowing or not attempting to discover (or follow) what the procedure is can only offer you defeat. The agent at the NSO did not give all the information. Maybe your wife did not ask the right questions. Who knows.

I'm sorry, but you seem to be hard headed. Enough said. :bonk:

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hmmmm my wife went to the NSO office and of course they said she can't register her divorce unless it is annulled. Everything about this situation is so aggravating. I read the family law book which basically confirms what you and asianculture said, but the officials in who work for the government seem to have a different family law book... I also read about the change in Phil law that stated divorce will be recognized in certain instances. our situation is word for word whatthat article and the family law book say. So tired of dealing with this madness.

How come the CEMAR has your name and ex husband on it already? if she was refused by the NSO?...are you sure you got your CEMAR in the NSO?if so, I would like to assume that the divorce was already accepted by the NSO and in fact annotated in the MC.

Filed: K-3 Visa Country: Philippines
Timeline
Posted

All I can tell you is we had a lawyer and I don't know how or what she did but she told us the first marriage was dissolved, and we got married, but the CEMAR has both of us on it.she was refused at the NSO to annotate her divorce from her Ex, but as Greenbaum stated we need to go to the local registrar first then they will send it to the NSO.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

All I can tell you is we had a lawyer and I don't know how or what she did but she told us the first marriage was dissolved, and we got married, but the CEMAR has both of us on it.she was refused at the NSO to annotate her divorce from her Ex, but as Greenbaum stated we need to go to the local registrar first then they will send it to the NSO.

Look at your marriage certificate, if there is annotation of the divorce then that was it..because NSO will not put your name and ex name in the CEMAR if your MC has no annotation...goin to the LCR is a redundant if the divorce info is already with the NSO..

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hire an attorney to get the divorce recognized... the clerks will not argue as much

Hank is correct, get a lawyer and get the divorce recognized.

It's is very clear in the philippine constitution that when you got married and get divorce to a person with other nationality and divorce is recognized in their country, Philippines should consider the divorce decree, no need for an annulment.

Since you are having difficulty get an expert lawyer to help you.

Stay focus and always be positive and you will clear this obstacles and will be reunited with your family.

Good luck and God Bless!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

OP I really do think that there was already a judicial order recognizing your wife's divorce with her ex husband because of the fact that your CEMAR has your name and ex on it.....NSO wont reflect the name of the ex in the CEMAR if they don't have record about the divorce decree and NSO will not grant your wife the CENOMAR (certificate of no marriage) - a requirement before you guys can get marry, if she was still married at the time of the application.

NSO will only reflect those information of the divorce if there is a court order recognizing the divorce as valid .. .

If you really got your CEMAR in the NSO, I really do think, the lawyer was able to secure a court order and then registered it in the Local Civil Registry (LCR) and that's why NSO reflected it in your MC and also CEMAR has your name and ex on it..

Lawyer services in PI are really expensive especially dealing with immigration and marriage matters.

Filed: Other Country: Philippines
Timeline
Posted

Here is our CEMAR. It has both marriages but no mention of divorce. Also my wife has already done CFO and got all her documents changed to my name.

I would not leave personal information on display, maybe black it out then post a copy for others to assist you.

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

 
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