Can my USC boyfriend file for K-1 visa if my marriage here in PI havent been annulled?

[Deextine 1]

HELP!!! I'm married here in manila is 2011 and y husband left for the US as an immigrant. After morethan a year, we separated. In 2014 he filed for divorce and I got the notice of dissolution of marriage but not the final decree yet. When he filed, he wasnt a citizen yet. I doubt if he is now.

This year, I got into a relationship with my colleague from our US main office and the relationship is fairly new. However, we are exploring the possibility of me joining him as his wife.

Can he petition me for K-1 visa? What would be the best option?

Is there anyone here who is familiar with Philippine marital laws? Id appreciate any insight on this. Thank you!

[Ontarkie 14,913]

~~Moved to the Regional forum, from K1 P&P - As the OP needs Country specific answers regarding divorce.~~

[Greenbaum 12,260]

If he was not a USC when he filed the divorce then in the eyes of the Filipino Government you are still married to a Filipino citizen. You'll need an annulment before you can file for a K1.

If he is a USC then you take your divorce decree and Philippines marriage certificate to your local civil registry to file for a resolution of the marriage. Once you have the annotated MC back from NSO/PSA then you can file the K1.

[Hank_ 9,174]

HELP!!! I'm married here in manila is 2011 and y husband left for the US as an immigrant. After morethan a year, we separated. In 2014 he filed for divorce and I got the notice of dissolution of marriage but not the final decree yet. When he filed, he wasnt a citizen yet. I doubt if he is now.

This year, I got into a relationship with my colleague from our US main office and the relationship is fairly new. However, we are exploring the possibility of me joining him as his wife.

Can he petition me for K-1 visa? What would be the best option?

Is there anyone here who is familiar with Philippine marital laws? Id appreciate any insight on this. Thank you!

For USEM a divorce is fine, as long as it is final with the court then you are free to marry.

Depending on the state the Dissolution of Marriage could be the final document. Is it signed by a judge and shows a recording stamp? You can contact the office of the court where the divorced was filed for current records.

As for the Philippines, you are still married being your EX was not a USC.

[Boiler 47,201]

He can petition for you once you are free to marry.

[JE57 242]

Hank, on behalf of the OP, Given that she is still married in the Philippines how does that get treated when it's time to get her CFO? Will CFO care? I know USEM will recognize the divorce decree but will she actually be able to exit the Philippines once she has a K-1 way down the road?

[Caryh 5,206]

As Hank mentioned, the notice might be your final decree. You'll need to contact the county court where the divorce was filed to be sure. Its also where you would get a divorce decree if its not the final notice. My own local court system, does not mail the final decree, you have to get a copy from them.

If you have a valid divorce in the USA, or any country, that is good enough for the embassy in Manila. You don't need an annulment unless you want to have a new marriage recognized in the Philippines. So you'll be illegible for a K-1 visa as long as the divorce was finalized in the USA.

Hank, on behalf of the OP, Given that she is still married in the Philippines how does that get treated when it's time to get her CFO? Will CFO care? I know USEM will recognize the divorce decree but will she actually be able to exit the Philippines once she has a K-1 way down the road?

Its done all the time. CFO seems to accept it just fine. Although the marriage will never be recognized there, they let the K-1 visa holders pass even though no annulment has been made in the Philippines.

[Hank_ 9,174]

Hank, on behalf of the OP, Given that she is still married in the Philippines how does that get treated when it's time to get her CFO? Will CFO care? I know USEM will recognize the divorce decree but will she actually be able to exit the Philippines once she has a K-1 way down the road?

To date there have not been issues, based upon those I know of that have passed through CFO.

As Hank mentioned, the notice might be your final decree. You'll need to contact the county court where the divorce was filed to be sure. Its also where you would get a divorce decree if its not the final notice. My own local court system, does not mail the final decree, you have to get a copy from them.

If you have a valid divorce in the USA, or any country, that is good enough for the embassy in Manila. You don't need an annulment unless you want to have a new marriage recognized in the Philippines. So you'll be illegible eligibil for a K-1 visa as long as the divorce was finalized in the USA.

Its done all the time. CFO seems to accept it just fine. Although the marriage will never be recognized there, they let the K-1 visa holders pass even though no annulment has been made in the Philippines.

Fixxor'd

[Caryh 5,206]

To date there have not been issues, based upon those I know of that have passed through CFO.

Fixxor'd

lol I guess I need more coffee yet this morning.

[Hank_ 9,174]

lol I guess I need more coffee yet this morning.

Being an hour ahead of you I am up one on my coffee

[Kevincc1990 0]

If he was not a USC when he filed the divorce then in the eyes of the Filipino Government you are still married to a Filipino citizen. You'll need an annulment before you can file for a K1.

If he is a USC then you take your divorce decree and Philippines marriage certificate to your local civil registry to file for a resolution of the marriage. Once you have the annotated MC back from NSO/PSA then you can file the K1.

I did see 2 filipinas denied today while in line both due to the fact the officer told them the annulment had to be final before the k-1 was submitted to the USCIS . Also off topic a bit but 2 more were denied for being licensed care takers the officers pretty much told them they no if your a nurse or care taker it's usually not a true relationship but a faster way to get into the states to work. We were number 11 in line and 5 in front failed and 6 passed including us.

[Hank_ 9,174]

I did see 2 filipinas denied today while in line both due to the fact the officer told them the annulment had to be final before the k-1 was submitted to the USCIS . Also off topic a bit but 2 more were denied for being licensed care takers the officers pretty much told them they no if your a nurse or care taker it's usually not a true relationship but a faster way to get into the states to work. We were number 11 in line and 5 in front failed and 6 passed including us.

Filing the I-129F before the finality of annulment is registered with PSA has burned a fair number. I know of some that give advice that you can file the I-129F with USCIS early, and then I read of them be denied at USEM later ... bad advice from those others cost those couples a visa. USCIS may not understand the total process in the Philippines for annulment and approve the petition but USEM does and they will deny and kick the petition back to USCIS

Care takers or nurses? Those must have more going on that tossed up RED flags with them, as I know many that are nurses and are now in the USA, married and living their lives.

Really appreciate the information. Thanks

[Caryh 5,206]

I did see 2 filipinas denied today while in line both due to the fact the officer told them the annulment had to be final before the k-1 was submitted to the USCIS . Also off topic a bit but 2 more were denied for being licensed care takers the officers pretty much told them they no if your a nurse or care taker it's usually not a true relationship but a faster way to get into the states to work. We were number 11 in line and 5 in front failed and 6 passed including us.

That's an extremely high percentage of denials of K-1's you saw. Way out of the norm. You must be free to marry when the K-1 is filed. Unless the last i is dotted and t crossed, you're not free to marry. But those were people depending on the annulment, not divorced Filipina. I also no many nurse and caretakers that have came on K-1's. There's nothing unusable about that. I think you're hearing one of those "they say" rumors that have no bearing on the facts. Like you need to deposit show money to get a visitors visa to the USA.

[Greenbaum 12,260]

I'd be careful with doing it ahead if time.

Edited June 14, 2016 by Greenbaum

[Kevincc1990 0]

Filing the I-129F before the finality of annulment is registered with PSA has burned a fair number. I know of some that give advice that you can file the I-129F with USCIS early, and then I read of them be denied at USEM later ... bad advice from those others cost those couples a visa. USCIS may not understand the total process in the Philippines for annulment and approve the petition but USEM does and they will deny and kick the petition back to USCIS

Care takers or nurses? Those must have more going on that tossed up RED flags with them, as I know many that are nurses and are now in the USA, married and living their lives.

Really appreciate the information. Thanks

Mine is a nurse as well we passed.

That's an extremely high percentage of denials of K-1's you saw. Way out of the norm. You must be free to marry when the K-1 is filed. Unless the last i is dotted and t crossed, you're not free to marry. But those were people depending on the annulment, not divorced Filipina. I also no many nurse and caretakers that have came on K-1's. There's nothing unusable about that. I think you're hearing one of those "they say" rumors that have no bearing on the facts. Like you need to deposit show money to get a visitors visa to the USA.

It was scary hearing the deniles first hand my fiancee is a nurseas well and she was so scared because it seemed the councilors didn't like nurses today for some reason.