K-1 Visa from phillipines. Annulment or divorce to file?

[Jeffster 1]

Hi, My fiance is from the Phillipines. She is still going through annulment there. However, her ex husband lives in the US as a citizen and is legally divorced from her here.

 

When I file for fiance Visa is it enough to include her divorce decree from the US? It would be quicker than waiting for her annulment to finish in the Phillipines. 

 

From what I read, under US law divorce from US is enough to marry again once here--but not sure if good enough when for applying

K-1 Visa.  

 

Thank in advance to replies. This is my first post here-it's a great resource!

[JFH 12,189]

*~*~*country-specific question moved from “K-1 fiancé visa” to Philippines regional forum*~*~*

[Jeffster 1]

Thanks! Any opinion on my question?  

[Hank_ 9,171]

4 hours ago, Courtjeffster said:

Hi, My fiance is from the Phillipines. She is still going through annulment there. However, her ex husband lives in the US as a citizen and is legally divorced from her here.

 

When I file for fiance Visa is it enough to include her divorce decree from the US? It would be quicker than waiting for her annulment to finish in the Phillipines. 

 

From what I read, under US law divorce from US is enough to marry again once here--but not sure if good enough when for applying

K-1 Visa.  

 

Thank in advance to replies. This is my first post here-it's a great resource!

If her EX (USC ) completed the divorce and your fiancee has copies of the divorce decree you are good to go to complete the I-129F.     Requirement for the I-129F petition is both of you being free to marry at the time of filing, and both of you have met in person within the past 2 years from the date of filing.    Save your tickets/boarding passes from your travels to the Philippines.   ++

 

http://www.visaconnection-philippines.com/i-129f-petition-process.html

 

As an added note, the annulment process is not needed in the Philippines either, as the Philippines does recognize foreign divorces if one party of the divorce is a foreigner.   Need to file for recognition of the divorce .. done.

 

 

[Cyberfx1024 7,978]

5 hours ago, Courtjeffster said:

Hi, My fiance is from the Phillipines. She is still going through annulment there. However, her ex husband lives in the US as a citizen and is legally divorced from her here.

 

When I file for fiance Visa is it enough to include her divorce decree from the US? It would be quicker than waiting for her annulment to finish in the Phillipines. 

 

From what I read, under US law divorce from US is enough to marry again once here--but not sure if good enough when for applying

K-1 Visa.  

 

Thank in advance to replies. This is my first post here-it's a great resource!

If she got divorced in the USA then she is divorced enough to file for the K1 visa. An annulment is no longer needed. You will need the US divorce decree in order to file the K1 visa.

 

You got lucky sir.

Edited March 31, 2019 by Cyberfx1024

[Chris Duffy 1,256]

19 hours ago, Courtjeffster said:

Hi, My fiance is from the Phillipines. She is still going through annulment there. However, her ex husband lives in the US as a citizen and is legally divorced from her here.

 

When I file for fiance Visa is it enough to include her divorce decree from the US? It would be quicker than waiting for her annulment to finish in the Phillipines. 

 

From what I read, under US law divorce from US is enough to marry again once here--but not sure if good enough when for applying

K-1 Visa.  

 

Thank in advance to replies. This is my first post here-it's a great resource!

Why is she doing an annulment? So she can marry in the Philippines in the future if needed?

[Jeffster 1]

1 hour ago, Chris Duffy said:

Why is she doing an annulment? So she can marry in the Philippines in the future if needed?

Yeah, but it's also from way before since annulment can take a long time there. 

[Hank_ 9,171]

6 hours ago, Courtjeffster said:

Yeah, but it's also from way before since annulment can take a long time there. 

So this annulment process has been going on for some time now...  I heard quite often of them taking 2 years or more.    Crazy ... with luck one day the Philippines will come out of the dark ages in this regard.

[babbitt 0]

if Filipina is married in PI and then obtains divorce abroad, which seems good for K1 and marriage in USA ... what is the risk when Filipina and new husband visit to PI or wish to move to PI in the future ?  

[payxibka 10,044]

3 minutes ago, babbitt said:

if Filipina is married in PI and then obtains divorce abroad, which seems good for K1 and marriage in USA ... what is the risk when Filipina and new husband visit to PI or wish to move to PI in the future ?  

None 

[babbitt 0]

30 minutes ago, payxibka said:

None 

No risk of being charged with bigamy once back in PI ?  

[Hank_ 9,171]

Of course there is the risk ... thanks to the Philippines archaic laws.   ... don't get me started.

[chrisput 0]

40 minutes ago, Hank_ said:

Of course there is the risk ... thanks to the Philippines archaic laws.   ... don't get me started.

Not wanting to get you started ... but is the risk high enough to avoid returning to PI together ?

 

Cuz if so, it would seem annulment would be the better option, though it could take 3-5 years from what I understand.  kinda crappy.

[Hank_ 9,171]

9 minutes ago, chrisput said:

Not wanting to get you started ... but is the risk high enough to avoid returning to PI together ?

 

Cuz if so, it would seem annulment would be the better option, though it could take 3-5 years from what I understand.  kinda crappy.

Reality?   Highly doubtful.   

[Falcon Cara 377]

16 hours ago, babbitt said:

if Filipina is married in PI and then obtains divorce abroad, which seems good for K1 and marriage in USA ... what is the risk when Filipina and new husband visit to PI or wish to move to PI in the future ?  

She could be still be charged with bigamy is my understanding

 

I would suggest to get US citizenship and or dual Citizenship for her if you plan to move back to Philippines