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Ver13

Filipina Divorced And Now Re Married To American Husband

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6 minutes ago, David & Zoila said:

If she got married in Korea and divorced in Korea why does she have to have the divorce recognized in PI?........  I surrender.  Aloha and Mahalo  I'm out.

She doesn't for anything with US immigration.

It sounds like she wants to anyway. It is a requirement to have the divorce recognized in order to do a ROM for the second marriage. The ROM is a requirement to get a passport in the last name of her current spouse. So it's not useless to do so...it's just a completely separate issue from anything related to US immigration.

 

5 minutes ago, David & Zoila said:

She's in Manila now.  Where is she going to interview then, Tim Buck Too

My mistake~ we're 4 pages in and I completely forgot that she moved back. She would interview in Manila. :P

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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3 minutes ago, David & Zoila said:

She's in Manila now.  Where is she going to interview then, Tim Buck Too

Yes I'm in Manila now., and I'm getting an interview in Manila. Does the US embassy here or USCIS don't have the same law in the US or other US embassy around the world? that they won't recognize my marriage even if its consummated and i have valid divorce paper. I'm trying to complete my CR1 and at the same time trying to void my marriage in the PH so that someday I can register my new marriage in the Philippine system.

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Filed: IR-1/CR-1 Visa Country: Denmark
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2 minutes ago, Ver13 said:

Yes I'm in Manila now., and I'm getting an interview in Manila. Does the US embassy here or USCIS don't have the same law in the US or other US embassy around the world? that they won't recognize my marriage even if its consummated and i have valid divorce paper. I'm trying to complete my CR1 and at the same time trying to void my marriage in the PH so that someday I can register my new marriage in the Philippine system.

As long as you have been in the physical presence of each other since the wedding ceremony and have valid divorce proof plus the proof of your new marriage, it should be recognized without problem. But you said you did a proxy marriage (which means you were not both at the same physical location when you got married), were you both together in person when you got married or after?

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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4 minutes ago, hellspawner said:

if she holds a phil passport, she'll interview in mnl. I'm reasonable sure fam9 does not recognize marriage by proxy. iv never seen cr1/ir1 granted that was marriage by proxy. they'll flag it admin processing and laugh her out the door.

The passport does not limit where you interview.

 

9 FAM 102.8-1(D): Proxy marriages

https://fam.state.gov/fam/09FAM/09FAM010208.html

"A marriage where one or both parties was not present (proxy marriage) is not valid unless the marriage was consummated. 

(1)  Consummated:  For the purpose of issuing an immigrant visa to a “spouse,” a proxy marriage that has been subsequently consummated is deemed to have been valid as of the date of the proxy ceremonyA proxy marriage consummated prior to the proxy ceremony cannot be considered a valid marriage for visa adjudication purposes unless it has been consummated subsequently."

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 minute ago, LilyJohansen said:

As long as you have been in the physical presence of each other since the wedding ceremony and have valid divorce proof plus the proof of your new marriage, it should be recognized without problem. But you said you did a proxy marriage (which means you were not both at the same physical location when you got married), were you both together in person when you got married or after?

yes we are both at the physical location when we got married by proxy marriage, and stayed together for one and haft month.

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7 minutes ago, hellspawner said:

if she holds a phil passport, she'll interview in mnl. I'm reasonable sure fam9 does not recognize marriage by proxy. iv never seen cr1/ir1 granted that was marriage by proxy. they'll flag it admin processing and laugh her out the door.

Your certainty is UNreasonable, and incorrect and so is the rest of your post.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Filed: Other Country: China
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Having the Philippine government, (PSA) recognize her current marriage, is a personal choice.  Not a US immigration matter.  The practical difference is that unless the Philippine Statistics Authority, recognizes the current marriage, her Philippine passport will never bear her current married name.  That only means she must continue to buy airline tickets in the current passport name.  Otherwise any issue is one of personal preference.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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1 minute ago, USS_Voyager said:

Proof please?

No need to prove 9fam doesn't deal with proxy marriage, as the proof it DOES has already been provided.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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6 minutes ago, USS_Voyager said:

She doesn’t, for US immigration purposes. That’s what we’re trying to tell her

Note it is not clear where the marriage to the Korean took place.  It only matters that the divorce was legally final before her current marriage.  

 

I can't think of a reason to get a divorce recognized by PSA though unless the first marriage is already on the PSA records.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Denmark
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31 minutes ago, Ver13 said:

yes we are both at the physical location when we got married by proxy marriage, and stayed together for one and haft month.

If you were both in the same place as each other when you got married to each other then it was not a proxy, unless you're meaning to say that the officiant or priest was the one not physically present? Either way, if you were in the same location as each other when you got married, there's no issue.

Our CR1 Journey:

 

USCIS Stage:

  • Feb 14 2019: NOA1 (NSC)
  • July 31 2019: I129f NOA1
  • Sep 19 2019: I129f NOA2 (Denied - 50 days from NOA1)
  • Sep 19 2019: I130 NOA2 (Approved - 217 days from NOA1)

 

NVC Stage:

  • Sep 27 2019: Sent to Department of State
  • Oct 31 2019: Case number received (34 days since sent)
  • Nov 1 2019: IV & AOS fees received & paid
  • Nov 14 2019: IV & AOS submitted
  • Dec 18 2019: All docs accepted, but one additional doc requested (5 weeks from submission)
  • Dec 18 2019: Requested doc submitted
  • Feb 19 2020: Documentarily Qualified (9 weeks from 2nd submission, 14 weeks from first submission)

 

Interview Stage:

  • Mar 11 2020: Interview letter received
  • Apr 1 2020: Interview date
  • Mar 17 2020: Interview cancelled due to COVID-19
  • August 3 2020: Rescheduled letter received, new appointment August 25 2020
  • August 25 2020: Visa approved at interview! (558 days from NOA1)
  • September 10 2020: Embassy received passport in mail
  • September 15 2020: Passport with visa in hand

 

October 11 2020: Arrived in US!

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Repeatedly moving a goal post is hard on one's back.

 

Proxy marriages are legal in TX, where this one was conducted.

They aren't common, but they're not as uncommon as most people would think either. This is especially true among military spouses.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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