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Affidavit Terminating Marrage

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I am applying for a Fiancee Visa for my girlfriend in the Philippines. She has an affidavit stating her husband abandoned her and their children. It also states the they have been separated since 2011; her husband was having an extramarital affair; they were no longer living together since she discovered the extramarital affair;he chose his mistress over her when trying to reconcile and she plans on marriage to another man as the reason for this affidavit.

For the purposes of the form !-129F, would this affidavit make her marriage annulled or would she be considered divorced?

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She will need legal proof that the marriage was terminated, either through divorce or annulment


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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Thanks. That is what I thought.. We talk via Viber. I downloaded Viber history as a means of documentation for the Visa filing. It downloaded to excel. Is that the best way to document that we talk every day? or is another means better. Not sure it matters until she gets the proper papers termination her marriage Thanks for answering. Any other tips will be welcomed

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The best proof is pictures and visiting her. You guys can show that you talk everyday but you will need to prove that you've met each other in person within 2 years of filing for the Fiance visa.


*More detailed timeline in profile!*
 
Relationship:     Friends since 2010, Together since 2013

The K-1 Process:    Done in 208 days                                               
 

Spoiler

04/27/15- NOA1 Recieved                                                    
06/02/15 - NOA2 Recieved
09/22/15 - Interview       (221g for more documents (a SECOND cosponsor), see profile for more details!)                                            
11/09/15 -  ISSUED!!                                                              
11/10/15 - Passport received                                                
02/20/16 - Wedding!              


                                                
 AOS   Done in 77 days                                                                            
 

Spoiler

04/08/16 - I-485, I-765, I-131 AOS Application recieved by USCIS
04/12/16 - 3 NOA1's received in mail
05/14/16 - Biometrics for AOS and EAD
06/27/16 - I-485 Case to changed to "New Card being produced"  (Day 77)
06/27/16 - I-485 Case changed to Approved! (Day 77)
06/30/16 - I-485 Case changed to "My Card has been mailed to me!"
07/05/16 - Green Card received in mail! 

 



ROC 

05/09/18 - Mailed out ROC to CSC

05/10/18 - CSC Signed and received ROC package
06/07/28 - NOA1 

06/11/18 - Check cashed

06/15/18 - NOA received in the mail
08/27/18 - 18 month extension recieved (Courtesy Copy)

09/18/18 - Request for official 18 month extension
 

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I am applying for a Fiancee Visa for my girlfriend in the Philippines. She has an affidavit stating her husband abandoned her and their children. It also states the they have been separated since 2011; her husband was having an extramarital affair; they were no longer living together since she discovered the extramarital affair;he chose his mistress over her when trying to reconcile and she plans on marriage to another man as the reason for this affidavit.

For the purposes of the form !-129F, would this affidavit make her marriage annulled or would she be considered divorced?

She will have to go through the annulment process, because the Philippines does not recognize divorce.

You cannot file for her until she is annulled.


K-1
NOA1: 04/08/2014; NOA2: 04/21/2014; Visa interview, approved: 07/15/2014; POE: 07/25/2014; Marriage: 09/05/2014

 

AOS

NOA1:  09/12/2014;  Biometrics:  10/06/2014;  EAD/AP Received:  11/26/2014;

Interview Waiver Letter:  01/02/2015;  RFE:  07/09/2015;

Permanent Residency Granted:  07/27/2015;  Green card Received:  08/22/2015

 

ROC

05/23/2017 -- Mailed ROC application

05/24/2017 -- NOA1 date

05/30/2017 -- NOA1 received in the mail

06/05/2017 -- Biometrics letter received

06/13/2017 -- Biometrics appointment

09/05/2018 -- Approved without interview!

09/13/2018 -- 10 Yr Green card Received

 

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I am applying for a Fiancee Visa for my girlfriend in the Philippines. She has an affidavit stating her husband abandoned her and their children. It also states the they have been separated since 2011; her husband was having an extramarital affair; they were no longer living together since she discovered the extramarital affair;he chose his mistress over her when trying to reconcile and she plans on marriage to another man as the reason for this affidavit.

For the purposes of the form !-129F, would this affidavit make her marriage annulled or would she be considered divorced?

NO! Your fiancee will need to get an attorney and complete an annulment (upwards of two years to process)


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Face time is always best and you have plenty of time to accumulate evidence before a K1 can be filed.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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