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marvzcris

divorced and remarry the same person in the Philippines

By marvzcris in IR-1 / CR-1 Spouse Visa Process & Procedures

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marvzcris Newbie

marvzcris   0

Posted
Filed: Other Country: Philippines
 Timeline
Posted
I need help. I got married in 1997 with an American Citizen, the marriage didn't work out and he divorced in me in California in 2003. Divorced is not recognized in the Philippines. And now we are get back together and wanted to apply for a visa. What should we do? what kind of visa?

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted (edited)

How did you enter the US previously? Were you guys officially divorced in California? Did you receive a green card?

Edited by teeak

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted (edited)

I see... is there a way to re-register your marriage? He officially divorced you in California and the USCIS will know that so you can't just use your original marriage certificate.

Is he a resident of the Philippines? You may be able to do DCF, direct consular filing.

You'll be applying for the CR1/IR1 visa.

Edited by teeak

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

aaron2020 Grand Master

aaron2020   11,652

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

You are in limbo because there is a disconnect between US laws and PI laws.

As far as the US is concern you are single. The PI considered you married. You need both of their approval to get a visa. You need to sort out your marital status. Go consulat a good immigration attorney.

EM_Vandaveer Experienced

EM_Vandaveer   2,443

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Once I read that PI recognizes divorce between an American and one PI citizen if the American is the one filing the divorce. So if it's true, you are divorced.

Agree with this. If HE filed for divorce you can get your divorce recognized in PI. At that point you can decide between a K1 (to get re-married in the US) or a CR1 (if you want to re-marry in PI, but if you do this and worse case scenario get divorced again you'll be stuck with the whole "you count as married in PI unless you obtain an annulment" stuff).

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

EM_Vandaveer Experienced

EM_Vandaveer   2,443

Posted
Filed: Citizen (apr) Country: Hungary
 Timeline
Posted

Check out the 3rd post from the top in this thread:

http://www.visajourney.com/forums/topic/373441-divorced-in-us-but-marriage-not-annuled-in-philippines/

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

teeak Proficient

teeak   224

Posted
Filed: FB-2 Visa Country: Bangladesh
 Timeline
Posted

Thank you, on my CENOMAR (Certificate of No Marriage) i am still Married. We already hired a US Immigration Lawyer. And i will update.

Make sure he's also well versed in PI law with regards to marriage.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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

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