Filipina Divorced And Now Re Married To American Husband

[pushbrk 12,106]

31 minutes ago, Ver13 said:

even if we got married  February 14  2018 and stayed together until April 1 2018  its like one and haft month, we consummate the marriage already right?

You just said you were not together after the marriage.  If you were together in person a month and a half, then no problem.  Document that.  His passport will say he was in whatever country you were both in, and yours will too.  Copy those pages, as evidence you were together.  Entry AND exit stamps.

[Ver13 0]

1 minute ago, pushbrk said:

You just said you were not together after the marriage.  If you were together in person a month and a half, then no problem.  Document that.  His passport will say he was in whatever country you were both in, and yours will too.  Copy those pages, as evidence you were together.  Entry AND exit stamps.

i do have entry and exit stamp  in my passport but, he doesn't have a passport. His in THe US Army and he only use and show his  ID and Military orders to get in and out of the country. In his  Military orders  it only says Proceed on or before  June 10 2017 and not to  exceed  270 days,. it doesnt show there when they  got in  and exit the country. 

 

[LilyJ 1,258]

4 hours ago, Ver13 said:

even if we got married  February 14  2018 and stayed together until April 1 2018  its like one and haft month, we consummate the marriage already right?

A marriage is not considered "consummated" unless you were physically present to each other AFTER the wedding. As Unidentified showed, it does NOT count that you were together before the wedding. If you were not in the physical presence of each other after the wedding ceremony took place, it is not consummated. 

[pushbrk 12,106]

9 minutes ago, LilyJohansen said:

A marriage is not considered "consummated" unless you were physically present to each other AFTER the wedding. As Unidentified showed, it does NOT count that you were together before the wedding. If you were not in the physical presence of each other after the wedding ceremony took place, it is not consummated. 

Correct.  Now that I've read the rest of the thread, it is clear the time together in person was before, not at the time of or after the marriage.  As such, this "marriage" has not been consummated.  That's not an issue for military benefits but there is absolutely NO WAY to get an immigration benefit based on a marriage that cannot be shown to have been consummated.  (That simply means evidence of time together in person AFTER the marriage took place.

 

CR1 in this case is absolutely a non-starter.  Going nowhere.

 

He PAYS his back child support, gets a passport, comes to see his wife, and then and ONLY then, files the I-130.  USCIS does not care how difficult that is or how long it might take.

Edited March 14, 2019 by pushbrk

[geowrian 22,335]

Agreed with the above - you must have met in person after the date of the proxy marriage or else it does not qualify for immigration benefits. This is a requirement - make it happen however possible or else you won't be together in the US.

 

8 hours ago, Ver13 said:

Active US Military Services is an exemption on the minimum income requirements.

No it's not. They qualify for a lower minimum income level (100% versus 125%) to be considered, but certainly are not exempt.

https://www.uscis.gov/i-864p

 

8 hours ago, Ver13 said:

His  Paying the required Child support given by Court every month, its automatic cut off on his paycheck, and every tax return he gets every year it was sent to her ex-wife to cover child support arrears. he do lyft and uber every weekend and now he just started his own business  LLC logistic. Military provide BAH and BAS and  Tricare Insurance for the Family of the  Active US military members  , so all of this will prove that he can support and provide for me when I get to the US right?!

It will be evidence of his ability to support you. They will also see the garnishes on the paystubs and take that into consideration as well.

They will look at a totality of the circumstances to determine if there is a public charge concern. Nobody can say with certainty what will satisfy the CO, but generally common sense should indicate if the income level and/or assets are enough to actually live on and support you given his circumstances.

[pushbrk 12,106]

15 minutes ago, geowrian said:

 

It will be evidence of his ability to support you. They will also see the garnishes on the paystubs and take that into consideration as well.

They will look at a totality of the circumstances to determine if there is a public charge concern. Nobody can say with certainty what will satisfy the CO, but generally common sense should indicate if the income level and/or assets are enough to actually live on and support you given his circumstances.

Absolutely correct, but they won't even be filing a petition until AFTER, all the child support arrears have been paid and he has visited her to consummate the marriage.  Child support being deducted from paychecks is so common nowadays, it's really not a factor in the public charge concern. The number of children is already part of the consideration because of the household size calculation and how that impacts the income requirement.

 

The OP needs to understand that her spouse must qualify with enough income not just to support her, but to support her and all his unmarried children under 21.

[David & Diana R 1,005]

12 hours ago, Ver13 said:

Hi Everyone I need your insight/advice Please Help me,

 

I'm a Filipina divorced from my Korean ex-husband in South Korea, After two years I got remarried to my Military Officer  American Husband by Proxy married in Montana Texas. I got a Marriage Contract and License  Legally registered in Montana Texas. But I was never been in the US because its a proxy marriage we did it when we were both living in South Korea. I also got my dependent military ID card and I'm also in all his paperwork like DD 93 Emergency Form Data death beneficiary, And Tricare Insurance., My Husband is back in the US now and I'm in the Philippines right now. We've been married for 1 year now and we are on completing paperwork for my spouse visa  CR1 requirements to file to the USCI in the states by my husband this week. But we are very worried because I can't put my  Husband and our marriage in the Philippine system yet because my previews married is not yet void, it's in the Philippine court now on processing divorce recognition and correction of marriage status, its a long process might take one to two years to be completed. My concern is I'm sure The immigration counsel will question me why I'm not using yet my American Husbands surname in all my paperwork.,  and might ask me to get a new passport using his Surname name but Right now its very impossible for me to get one  because  our marriage is not yet registered in the Philippines not yet till I get the court to void my previews marriage in the Philippine system. I'm using my Single name in all paperworks and ID's because i never used my ex husbands name before . Im sure they will also ask my Philippine Cenomar, and it still has my ex-husband name on that paperwork. Do you think all of this issue might delay or i might get deny with my  CR1 visa? even if I have enough proof that my marriage is bonified and i have my divorce paper on my hands.I read  in the internet that American law dont recognize Philippine law so as long as i have my divorce paper, am i good to go? Do you think its best and might help if we get an immigration Lawyer to process my CR1 Visa? Or just handle it without a Lawyer? I will be very grateful for all your Insight and advice. Thank You 

You might have to start all over again because you are technically married.  Until you have the annulment complete you cannot marry.  You married when you were still legally married in the and so you cannot get a cenomar.  Good luck.  My bet is your attempt will be a major failure.  Just curious:  Why would you get married before your previous marriage was dissolved?  Your current marriage is null and void because you re-married while still married.

Edited March 14, 2019 by David & Zoila

[pushbrk 12,106]

11 minutes ago, David & Zoila said:

You might have to start all over again because you are technically married.  Until you have the annulment complete you cannot marry.  You married when you were still legally married in the and so you cannot get a cenomar.  Good luck.  My bet is your attempt will be a major failure.  Just curious:  Why would you get married before your previous marriage was dissolved?  Your current marriage is null and void because you re-married while still married.

You are unnecessarily confusing the issue.  She does not need an annulment.  She has a valid divorce secured outside the Philippines.  THAT satisfies the US, as to free to marry.  What she does not have is a marriage that will be recognized by USCIS, until it is consummated.  

[geowrian 22,335]

16 minutes ago, David & Zoila said:

You might have to start all over again because you are technically married.  Until you have the annulment complete you cannot marry.  You married when you were still legally married in the and so you cannot get a cenomar.  Good luck.  My bet is your attempt will be a major failure.  Just curious:  Why would you get married before your previous marriage was dissolved?  Your current marriage is null and void because you re-married while still married.

The OP was legally divorced as far as the US is concerned, and there's no suggestion the divorce occurred after her proxy marriage.

Getting that marriage dissolved in the Philippines system is a longer process but doesn't matter to the US.

Edited March 14, 2019 by geowrian

[pushbrk 12,106]

Correction.  I missed the part where she says twice, that they were together for a month and a half after the marriage.  The marriage IS consummated.

 

It sounds like this proxy situation was one where the two of them were together and two OTHER proxies, were present at the marriage in the States.  Unusual but probably OK.  He can file the I-130 when ready.  He'll need to qualify as sponsor, or have a qualified joint sponsor. 

 

She does NOT need to do anything with the PSA in order to get a CR1 or IR1 visa to immigrate to the US.  In these cases no CENOMAR or PSA CEMAR is needed.   The divorce decree is sufficient.

[David & Diana R 1,005]

2 hours ago, pushbrk said:

You are unnecessarily confusing the issue.  She does not need an annulment.  She has a valid divorce secured outside the Philippines.  THAT satisfies the US, as to free to marry.  What she does not have is a marriage that will be recognized by USCIS, until it is consummated.  

I thought she was married in the PI.  I stand corrected.  Aloha

[David & Diana R 1,005]

2 hours ago, geowrian said:

The OP was legally divorced as far as the US is concerned, and there's no suggestion the divorce occurred after her proxy marriage.

Getting that marriage dissolved in the Philippines system is a longer process but doesn't matter to the US.

I stand corrected.

[David & Diana R 1,005]

15 hours ago, Ver13 said:

Hi Everyone I need your insight/advice Please Help me,

 

I'm a Filipina divorced from my Korean ex-husband in South Korea, After two years I got remarried to my Military Officer  American Husband by Proxy married in Montana Texas. I got a Marriage Contract and License  Legally registered in Montana Texas. But I was never been in the US because its a proxy marriage we did it when we were both living in South Korea. I also got my dependent military ID card and I'm also in all his paperwork like DD 93 Emergency Form Data death beneficiary, And Tricare Insurance., My Husband is back in the US now and I'm in the Philippines right now. We've been married for 1 year now and we are on completing paperwork for my spouse visa  CR1 requirements to file to the USCI in the states by my husband this week. But we are very worried because I can't put my  Husband and our marriage in the Philippine system yet because my previews married is not yet void, it's in the Philippine court now on processing divorce recognition and correction of marriage status, its a long process might take one to two years to be completed. My concern is I'm sure The immigration counsel will question me why I'm not using yet my American Husbands surname in all my paperwork.,  and might ask me to get a new passport using his Surname name but Right now its very impossible for me to get one  because  our marriage is not yet registered in the Philippines not yet till I get the court to void my previews marriage in the Philippine system. I'm using my Single name in all paperworks and ID's because i never used my ex husbands name before . Im sure they will also ask my Philippine Cenomar, and it still has my ex-husband name on that paperwork. Do you think all of this issue might delay or i might get deny with my  CR1 visa? even if I have enough proof that my marriage is bonified and i have my divorce paper on my hands.I read  in the internet that American law dont recognize Philippine law so as long as i have my divorce paper, am i good to go? Do you think its best and might help if we get an immigration Lawyer to process my CR1 Visa? Or just handle it without a Lawyer? I will be very grateful for all your Insight and advice. Thank You 

 

2 hours ago, pushbrk said:

You are unnecessarily confusing the issue.  She does not need an annulment.  She has a valid divorce secured outside the Philippines.  (She does?)  THAT satisfies the US, as to free to marry.  What she does not have is a marriage that will be recognized by USCIS, until it is consummated.  

I am so confused.  It sure looks like she was and is married still.   Am I getting that old?

[USS_Voyager 1,971]

1 hour ago, pushbrk said:

Correction.  I missed the part where she says twice, that they were together for a month and a half after the marriage.  The marriage IS consummated.

I got that part,  but sounds like she has the proof of that in her passport with entry and exit stamps but he doesn’t because he used military ID (?). Have no idea how that works. So that’s one issue is the proof of that.

 

Second issue is the financial part, doesn’t sound like he makes enough. Might need a cosponsor.

[pushbrk 12,106]

2 minutes ago, David & Zoila said:

 

I am so confused.  It sure looks like she was and is married still.   Am I getting that old?

I don't think it has anything to do with age.  Immigration to the US does not require her to get her divorce recognized by the Philippine Government.  She's immigrating to the US, not the PI.  You are unnecessarily connecting the two. Probably she is too.