Jump to content
enabe

Naturalized USC (divorcee) , K-1 Question

14 posts in this topic

Recommended Posts

Hi all,

I married my ex-husband in the Philippines right after I obtained my American Citizenship (I'm a naturalized US Citizen from the Philippines).  Unfortunately, we ended up divorcing here in California a couple years later.  It's been a while since we've separated and I have met someone else in the Philippines that I'd like to spend my life with.  Problem is my CENOMAR will show that I am currently married in the Philippines.  Do I need still need to go to court and wait 1-1.5 year (that's a conservative estimate but Philippine bureaucracy might set me back a couple more years) for the recognition of divorce decree to proceed with a K-1 filing?

I have been reading conflicting accounts saying that the naturalized American Citizens from the Philippines were still being asked to show a CENOMAR for the K-1 process.  How correct is this?   Thanks in advance.

Share this post


Link to post
Share on other sites
44 minutes ago, enabe said:

Hi all,

I married my ex-husband in the Philippines right after I obtained my American Citizenship (I'm a naturalized US Citizen from the Philippines).  Unfortunately, we ended up divorcing here in California a couple years later.  It's been a while since we've separated and I have met someone else in the Philippines that I'd like to spend my life with.  Problem is my CENOMAR will show that I am currently married in the Philippines.  Do I need still need to go to court and wait 1-1.5 year (that's a conservative estimate but Philippine bureaucracy might set me back a couple more years) for the recognition of divorce decree to proceed with a K-1 filing?

I have been reading conflicting accounts saying that the naturalized American Citizens from the Philippines were still being asked to show a CENOMAR for the K-1 process.  How correct is this?   Thanks in advance.

 

I myself was divorced here in california, which i married my ex-wife in the Philippines. The only route u can take is K1 which i did as well and now we are on the process for ROC. U need to include also the divorce decree when u file. U dont need to include ur cenomar as far as i know.


ROC @ CSC:

06/08/2018 - Mailed Application at USPS.

06/09/2018 - Delivered at USPS P.O. Box.

06/25/2018 - Check has been cashed.

06/25/2018 - NOA1 (USPS).

03/08/2019 - Case Txt/Email Notification for activity.

03/08/2019 - Fingerprint Waived.

03/18/2019 - Letter Notification Received for Biometrics waived.

06/03/2019 - Received Biometrics appointment notice  (usps). (notice date 05/24/2019)

06/04/2019 - Sent request to reschedule biometrics appt for 1 day delivery using usps since wife is out of the country.

06/05/2019 - ASC center received request to reschedule biometrics.

 

Share this post


Link to post
Share on other sites
6 minutes ago, GaRaS said:

 

I myself was divorced here in california, which i married my ex-wife in the Philippines. The only route u can take is K1 which i did as well and now we are on the process for ROC. U need to include also the divorce decree when u file. U dont need to include ur cenomar as far as i know.

Thanks so much for your reply. I was worried that I would have to do a court proceeding for the divorce then include my own cleared Cenomar. Wheww.

Share this post


Link to post
Share on other sites
Just now, enabe said:

Thanks so much for your reply. I was worried that I would have to do a court proceeding for the divorce then include my own cleared Cenomar. Wheww.

Only problem is i am still married in the Philippines and im not gonna spend for P200k, just to have it annulled or divorce. Lastly u need to have a lot of evidence for the K1. My story was,  before we took the k1 route and i know i need to have a solid evidence that my relationship to my current wife was real/solid, i had her applied for tourist visa. When she was at embassy for the interview, she was ask who is the person that she is going to see. And she mentioned my name and ask what was her relationship to me which she mentioned BF. Then the consul look up my name and found that i was still currently married at that time while my divorce is ongoing. She was denied right away. Fast forward we took the K1 route since i was divorced at that time already, we have a lot of evidence and got approved.


ROC @ CSC:

06/08/2018 - Mailed Application at USPS.

06/09/2018 - Delivered at USPS P.O. Box.

06/25/2018 - Check has been cashed.

06/25/2018 - NOA1 (USPS).

03/08/2019 - Case Txt/Email Notification for activity.

03/08/2019 - Fingerprint Waived.

03/18/2019 - Letter Notification Received for Biometrics waived.

06/03/2019 - Received Biometrics appointment notice  (usps). (notice date 05/24/2019)

06/04/2019 - Sent request to reschedule biometrics appt for 1 day delivery using usps since wife is out of the country.

06/05/2019 - ASC center received request to reschedule biometrics.

 

Share this post


Link to post
Share on other sites
30 minutes ago, GaRaS said:

I myself was divorced here in california, which i married my ex-wife in the Philippines. The only route u can take is K1 which i did as well and now we are on the process for ROC. U need to include also the divorce decree when u file. U dont need to include ur cenomar as far as i know.

 

K1 is not the only option.  OP can marry her fiance in Hong Kong or Singapore or anywhere else outside the Philippines, then file for CR1 ☺️

 

Share this post


Link to post
Share on other sites
7 hours ago, enabe said:

Hi all,

I married my ex-husband in the Philippines right after I obtained my American Citizenship (I'm a naturalized US Citizen from the Philippines).  Unfortunately, we ended up divorcing here in California a couple years later.  It's been a while since we've separated and I have met someone else in the Philippines that I'd like to spend my life with.  Problem is my CENOMAR will show that I am currently married in the Philippines.  Do I need still need to go to court and wait 1-1.5 year (that's a conservative estimate but Philippine bureaucracy might set me back a couple more years) for the recognition of divorce decree to proceed with a K-1 filing?

I have been reading conflicting accounts saying that the naturalized American Citizens from the Philippines were still being asked to show a CENOMAR for the K-1 process.  How correct is this?   Thanks in advance.

You are a naturalized USC?  Are you also a dual citizen now?      

 

Primary.  Enter the Philippines using your U.S. passport.

 

You have two ways to process (without the recognition of divorce or annulment process).    1) Get a Legal Capacity to Marry Affidavit from the embassy, plus present a copy of your divorce decree with the CENOMAR when you apply for the marriage license*.  Then complete the IR/CR-1 visa route.   2) Petition your fiancee for a K-1 visa and get married in the USA, of course including a copy of your divorce decree with the paperwork.

 

*USC can not apply for recognition of divorce or annulment, they simply provide a copy of the divorce decree at the local registry when getting married.

 

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy  : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites
7 hours ago, Hank_ said:

You are a naturalized USC?  Are you also a dual citizen now?      

 

Primary.  Enter the Philippines using your U.S. passport.

 

You have two ways to process (without the recognition of divorce or annulment process).    1) Get a Legal Capacity to Marry Affidavit from the embassy, plus present a copy of your divorce decree with the CENOMAR when you apply for the marriage license*.  Then complete the IR/CR-1 visa route.   2) Petition your fiancee for a K-1 visa and get married in the USA, of course including a copy of your divorce decree with the paperwork.

 

*USC can not apply for recognition of divorce or annulment, they simply provide a copy of the divorce decree at the local registry when getting married.

 

No not a dual but I did get married in the Philippines and it was registered there. 

Share this post


Link to post
Share on other sites

I was able to get my cemomar cleared in a very short time. My wife was a US citizen at the time we divorced. I sent my gf there a copy of my divorce judgement and a copy of my ex-wife naturalization certificate. She gave to lawyer and within 30 days it was clear. 

Share this post


Link to post
Share on other sites
56 minutes ago, enabe said:

No not a dual but I did get married in the Philippines and it was registered there. 

No issue that you were married in the Philippines.   Same applies

 

You are not a Philippine citizen, you are a USC, do bring your U.S. passport to the local registry when you apply for the marriage license if marrying in the Philippines is your plan.

 

You have two ways to process (without the recognition of divorce or annulment process).   

 

1) Get a Legal Capacity to Marry Affidavit from the embassy, plus present a copy of your divorce decree with the CENOMAR (if it is asked for) when you apply for the marriage license*.  Then complete the IR/CR-1 visa route.   

 

2) Petition your fiancee for a K-1 visa and get married in the USA, of course including a copy of your divorce decree with the paperwork.

 

*USC can not apply for recognition of divorce or annulment, they simply provide a copy of the divorce decree at the local registry when getting married.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy  : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites
49 minutes ago, Commish10 said:

I was able to get my cemomar cleared in a very short time. My wife was a US citizen at the time we divorced. I sent my gf there a copy of my divorce judgement and a copy of my ex-wife naturalization certificate. She gave to lawyer and within 30 days it was clear. 

Hmm ?   Something fishy there and it is not the open market


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy  : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites
1 hour ago, Commish10 said:

 

 

 

 

You were married in the Philippines or USA?

 

If in the USA, did you complete ROM?

 

If you married in the Phils or in the USA and completed ROM and there is no record on file .. its for sure a fish market smell.

 

Oh .. ask the mods to remove your pics as that has personal information.  

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy  : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

Share this post


Link to post
Share on other sites

~~Two post removed for personal information~~


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...