NBI requirement - Philippine Beneficiary

[Ryan&Theresa 1]

I was married previously to an american here in the Phils, the marriage ended in divorce(him filing it in the US). I never at any point used his last name in any of my legal documents, nor processed a "change name" sort of thing. Should my NBI clearance still show an "aka" with his last name?

[Penguin_ie 5,994]

*** Moving from K1 to Philippines Regional forum as country specific ***

[Tim/Mav 305]

You are Officially Married and use the appropriate names. Don't play with these forms. The background checks are very efficient. Just tell the Total Truth and you should be fine.

[j&ana 363]

I believe it will show that as your marriage certificate was sent to the nso

since your husband is the one that file for divorce in the usa Then you are also consider divorce in the Philippines according to the family code of the philippines

Edited January 14, 2015 by j&ana

[j&ana 363]

But may i ask why does it matter if aka shows on your nbi

Edited January 14, 2015 by j&ana

[Ryan&Theresa 1]

You are Officially Married and use the appropriate names. Don't play with these forms. The background checks are very efficient. Just tell the Total Truth and you should be fine.

Yes we're married, but i am not required by law to use his last name. I am not playing with the forms, this is not about how efficient the background checks are, i did tell the truth, my NBI application form shows that my civil status is divorced. You are off topic.

[manilaraf 28]

I'd use the married name as an AKA.

It's not a matter of withholding anything. It's about covering all your bases before interview time, so that you don't get issued a 221g specifically asking for an NBI clearance with your previously married, but unused, name.

You could go ahead and not use it, but your CENOMAR will be annotated with the previous marriage, so they might be looking for an NBI with the aka; the risk is a week or possibly more delays timewise.

[Ryan&Theresa 1]

I'd use the married name as an AKA.

It's not a matter of withholding anything. It's about covering all your bases before interview time, so that you don't get issued a 221g specifically asking for an NBI clearance with your previously married, but unused, name.

You could go ahead and not use it, but your CENOMAR will be annotated with the previous marriage, so they might be looking for an NBI with the aka; the risk is a week or possibly more delays timewise.

That means aside from my marriage certificate and foreign divorce decree i still need to get a CENOMAR?

This is really helpful. Thank you.

Edited January 14, 2015 by Ryan&Theresa

[manilaraf 28]

Isn't the CENOMAR required for a K-1 visa? I'm not positive as we're applying for an IR-1.

For all things K-1 related, I suggest clicking on the link in member Hank_'s signature.

Edited January 14, 2015 by manilaraf

[Hank_ 9,174]

I was married previously to an american here in the Phils, the marriage ended in divorce(him filing it in the US). I never at any point used his last name in any of my legal documents, nor processed a "change name" sort of thing. Should my NBI clearance still show an "aka" with his last name?

Don't play games! You were married in the Philippines, NSO has a record of this... thus so does NBI.

[Ryan&Theresa 1]

Thanks for replying Hank. We are not trying to play games - rather we are trying to dot the i's and cross the t's. Her ex-husband's name appears on the clearance under the husband's name box and she marked divorced. We are simply trying to ask if this is enough or if we need to have yet another line that lists it as an aka. We want to be honest and do things the right way, that is why we are posting on here.

Also, as indicated by manilaraf, is a CENOMAR required for a k-1 even if she has a certificate of marriage to her ex-husband and a US divorce decree in hand?

-Ryan

[Hank_ 9,174]

Thanks for replying Hank. We are not trying to play games - rather we are trying to dot the i's and cross the t's. Her ex-husband's name appears on the clearance under the husband's name box and she marked divorced. We are simply trying to ask if this is enough or if we need to have yet another line that lists it as an aka. We want to be honest and do things the right way, that is why we are posting on here.

Also, as indicated by manilaraf, is a CENOMAR required for a k-1 even if she has a certificate of marriage to her ex-husband and a US divorce decree in hand?

-Ryan

A CENOMAR is required, being your fiancee is "married" in the Philippines NSO will issue a CEMAR, your fiancee will present her divorce decree for the interview. Read the embassy instructions letter.

Read the embassy instructions letter, it clearly states for ALL names used, she was married in the Philippines so it was a name "used" . If you don't provide what the embassy requires you will get a 221g.

[Melow 4]

A cenomar is a requirement for the fiancé visa. Since your ex husband filed for divorce in the US and you were married in the PI, you must have your marriage certificate annotated by bringing the copy of the divorce decree to the NSO otherwise your cenomar will still show that you are married in the Philippines. NSO acknowledges divorce from a foreign country-that is why they will annotate it (it will be typewritten along the side of the marriage cert) that you are no longer married and this will also reflect on your cenomar. My fiancé was married in the Philippines previously and this was what a lawyer had told us when he was researching the best route to dissolve his previous marriage (annulment vs overseas divorce--the ex is a U.S. citizen)

quote name="Ryan&Theresa" post="7426741" timestamp="1421237743"]

That means aside from my marriage certificate and foreign divorce decree i still need to get a CENOMAR?

This is really helpful. Thank you.