CR1 with Sharia Divorce Refusal

[jae&marianne 4]

Hi all,

First of all I would like to thank this community for sharing the knowledge and resources for people like us struggling to be with their loved ones. I understand everything takes time and patience and that due process is needed. If its meant to be it will be, if not I guess something is better at hand.

I started my CR1 and my 3 children's CR2 process last January; through USCIS and NVC and finally got an interview but was eventually realized it was not really for me (yet) for now.

The interview process went smoothly. Up until we reached the pre screening window. The Filipino officer checked all my documents, had some simple questions about me and my husband. But having checked my previous divorce with my ex he stated " 2 weeks ago a memorandum came up stating that all Sharia Divorce will no longer be honored or accepted for immigration process unless and and until the certain marriage was solemnized under Sharia Law and divorced under it " He forewarned me, but still said; its the CO's final say so lets just wait.

Having looked back at our visa journey ; when or papers was still at USCIS I had an RFE for jurisdiction and termination of marriage from my first husband. I went through the whole process and submitted and we were approved. With that, I thought I had the assurance that my divorce was no longer in scrutiny. But I was wrong. The CO that interviewed us was friendly and nice, she had less questions about me and my husband and even the AOS went through for all of us. It was just my divorce that froze my world for a moment. I even asked her, why did USCIS approve us if this is not possible? She said, the memo just came up two weeks ago. She said sorry though because she can not issue a visa for us The only way to get out of this puddle she said is through Philippines Annulment . I asked again, why did this just came up right now? She said, it was the Philippine Government who imposed this memorandum.

We all know how the system eats up all the money just by going through the annulment process. Its really sad but this is reality. On a lighter note, my husband (the petitioner) will be coming over next month after having heard the news. And to settle the score, file for an annulment and maybe when the right time comes re file our case again.

What I learned, distance can never stop two people from being with each other ... The immigration process may steal a piece of joy but its not the end.

Thank you all and I hope this post can help others who are stuck same as my case.

[Penguin_ie 5,986]

That is interesting, thank you so much for updating us!

I am sorry for your bad news though.

[xmaricrisx 25]

Such heartbreaking news, that you were denied! I'm sorry for that, and I pray that everything works out for you so that you will be reunited with your husband.

[Cyberfx1024 7,978]

This is really saw news for both your husband and your family. But I have been wondering when the Philippine government would eliminate this loop hole for a while now, and it looks like they finally did that. Now you will have to spend thousands of dollars and months/years of your life just to get an annulment from your ex-husband. My asawa and I think that it is terrible how the Philippine government does not allow divorce at all, and how for the regular people it takes alot of money and time just to get an annulment. All the while people like Kris Aquino has been married and annulled many times already.

[jae&marianne 4]

Thank you everyone for your kind words. Until now it has not totally sank in with everything that has happened. if this was the case they should have denied us already during the USCIS phase.

I remembered I had an RFE for proof of termination of first marriage. I complied with every documentation, then they approved us. Why allow me and my children to go through this whole process of spending extra money for everything and on the end point just drop the bomb on us? My husband petitioned four of us, we had a joint sponsor, but most of the expenses was shouldered by my family with the goal of unity for all us.

I really do not know to think for now, all i have is a white letter with 212 on it. The paralegal my husband hired told me that I was a victim of technicalities. He wants my husband to write a letter and just to let them know how tormenting the whole process was. An easy denial from the start would be an easy one than having to go through the medical exam phase plus the expenses.

I had to admit, the system here in the Philippines really sucks big time ...

[Sagot 1,548]

Thank you everyone for your kind words. Until now it has not totally sank in with everything that has happened. if this was the case they should have denied us already during the USCIS phase.

I remembered I had an RFE for proof of termination of first marriage. I complied with every documentation, then they approved us. Why allow me and my children to go through this whole process of spending extra money for everything and on the end point just drop the bomb on us? My husband petitioned four of us, we had a joint sponsor, but most of the expenses was shouldered by my family with the goal of unity for all us.

I really do not know to think for now, all i have is a white letter with 212 on it. The paralegal my husband hired told me that I was a victim of technicalities. He wants my husband to write a letter and just to let them know how tormenting the whole process was. An easy denial from the start would be an easy one than having to go through the medical exam phase plus the expenses.

I had to admit, the system here in the Philippines really sucks big time ...

USCIS is sort of generic in their process, hand them a divorce decree and they think all is good, as most times that is true. They don't delve into country specific laws.

Many have been burned by filing the I-129F petition too soon with the annulment process, USCIS thinks all is fine, then when it gets to the embassy... *poof* denied because they didn't wait for everything to be recorded at PSA.

Writing a letter will fall on deaf ears.

Live and learn.

[Seriouslady40 3]

Hi sender . Sorry for the denial and tormenting months just to have an interview and medical . I went through same route as you . I haven't set up my interview yet at the US Embassy. Now, I'm thinking to start my annulment and maybe by the time j have an interview next year March , it's all done ? What do you think ? I have 4 kids and plan to bring the eldest but now I'm in doubt to do an interview with my daughter due to this visa denial on shariah divorce .

Edited November 11, 2016 by Seriouslady40

[jae&marianne 4]

Hi sender . Sorry for the denial and tormenting months just to have an interview and medical . I went through same route as you . I haven't set up my interview yet at the US Embassy. Now, I'm thinking to start my annulment and maybe by the time j have an interview next year March , it's all done ? What do you think ? I have 4 kids and plan to bring the eldest but now I'm in doubt to do an interview with my daughter due to this visa denial on shariah divorce .

Hey there. Were you married here in the PI or not yet? U see my situation is really complicated as i consulted with a lawyer here and they said, what is there to annul when my previous marriage has already been cancelled/terminated/annotated by the civil registrar. Going through annulment will only worsen my status because my married with my husband now will be deemed null and void. Unless and until, after the annulment we can opt to petition a court here to register our marriage.

Im still confused. USCIS should have just denied us in the first place. What hurts is, weve spent so much for the petition process as we are four beneficiaries. My husband did write the congressman and the case assistance ombudsman; but im not really sure how it would go.

I know the decision lf the consular officer is irreversible. Am wondering if its possible to get a refund? Lol...

[Sagot 1,548]

Hi sender . Sorry for the denial and tormenting months just to have an interview and medical . I went through same route as you . I haven't set up my interview yet at the US Embassy. Now, I'm thinking to start my annulment and maybe by the time j have an interview next year March , it's all done ? What do you think ? I have 4 kids and plan to bring the eldest but now I'm in doubt to do an interview with my daughter due to this visa denial on shariah divorce .

Did you start the petition, I-129F process at USCIS already? If yes, you will have to do the I-129F again also, as you were not free to marry when you filed.

[Seriouslady40 3]

Hey there. Were you married here in the PI or not yet? U see my situation is really complicated as i consulted with a lawyer here and they said, what is there to annul when my previous marriage has already been cancelled/terminated/annotated by the civil registrar. Going through annulment will only worsen my status because my married with my husband now will be deemed null and void. Unless and until, after the annulment we can opt to petition a court here to register our marriage.

Im still confused. USCIS should have just denied us in the first place. What hurts is, weve spent so much for the petition process as we are four beneficiaries. My husband did write the congressman and the case assistance ombudsman; but im not really sure how it would go.

I know the decision lf the consular officer is irreversible. Am wondering if its possible to get a refund? Lol...

Hi. No I never remarried in PH after divorce . Why approved and deny in the end . My ex has few kids with 3 different while were together . So shariah court is null and void and restart the petition? That sucks !

[Seriouslady40 3]

Did you start the petition, I-129F process at USCIS already? If yes, you will have to do the I-129F again also, as you were not free to marry when you filed.

Our petition is already in Manila embassy and haven't paid my visa fee or do my ds-160? Should we just let it expired or have interview and then reapply ? I should have listen to my sis advice .

Edited November 13, 2016 by Seriouslady40

[Sagot 1,548]

Our petition is already in Manila embassy and haven't paid my visa fee or do my ds-160? Should we just let it expired or have interview and then reapply ? I should have listen to my sis advice .

If you did the Sharia divorce and are not muslim then it may be a good idea to wait for the annulment to be completed and start over. Your fiance (petitioner) and you should contact USEM regarding this.

[jae&marianne 4]

Hi All,

I was able to retrieve an explanation on the US Embassy's stand on SHARIA Divorce ( through conversion ) here in the Philippines. Hope this may help other's who are in the same pathway as mine. To correct what needs to be corrected along the process :

9 FAM 102.3 states that the "underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls." In the Philippines, a marriage under the Civil Code of the Philippines may only be terminated through annulment, being declared void ab initio, or through the death or legally presumed death of a spouse.

However, the Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. Article 13 of the MPL states, in relevant part:

(1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.

Philippine law does not recognize the validity of the applicant’s Sharia divorce because the Family Code is the first or sole legal basis of her underlying marriage. In this case, following the 2009 civil marriage, the applicant’s spouse subsequently converted to Islam and obtained a divorce under Sharia (Islamic law). Even if a Sharia court accepted and adjudicated the petition for divorce, its decision is not legally binding because the applicant and ******* did not marry in accordance with Muslim law or the MPL. Consequently, the applicant was not free to enter into marriage in 2015 and therefore, does not qualify for the CR1 visa category being sought.

For those who are still or haven't finalize their petitions yet, no other way but the civil annulment ...

[Seriouslady40 3]

Thanks for the information . Annulment is the best route not sharia even if you convert to Islam.

[Seriouslady40 3]

If you did the Sharia divorce and are not muslim then it may be a good idea to wait for the annulment to be completed and start over. Your fiance (petitioner) and you should contact USEM regarding this.

My ex and I converted to Islam 2 years ago . But if it's not honored at all I will just go to another 2-3 years of annulment process . No idea how it would appear on my MC both sides have annotation?