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chako-

Does US Citizen could walks in to US Embassy Manila and complain?

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Posted (edited)

So, I had another 221g from US Embassy Manila for the 4th time. for the past 221g, I complied and sent it all back to the Embassy together with my passport. And this time around, they are asking for something that is hard and will take forever to get. which is the Registration of Divorce Decree here in the Philippines. (I am Divorce with Foreign National from his country) The embassy called me already and told me that I would just have to go to PSA quezon to register the divorce and it will reflect within few months, and I highly doubt it if it will work since based on what I read and some people said I will need a lawyer to be able to register the divorce here in the Philippines. I explained to her that it will takes 2 years roughly if we will need to do that since it will go through the Regional Trial court and some hearings. All she said was She will just tell to the consul who is reviewing my papers that it will takes 2 years but she is not giving any assurance that they will issue my visa. Now, my question is:

 

1st, Is there anybody here had an experience that they just walk in to the PSA Main to register the Foreign Decree?

 

2nd, Will it help if my Fiance will go back here in the Philippines and walk in to the embassy to explain to the people there about it so they will understand that it is not as easy as what they thought?

 

3rd, Is there any chance that the consular officer could have a compassion and issue my visa after all?

 

My Fiance and I have a toddler already and it really breaks my heart if they will still gonna insist that they want us to registration of that divorce here in the Philippines, knowing they accepted lots of people already that has the same issue. I hope someone could help me out. I am so furious and emotional right now. Thanks in Advance.

Edited by Penguin_ie

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So, I had another 221g from US Embassy Manila for the 4th time. for the past 221g, I complied and sent it all back to the Embassy together with my passport. And this time around, they are asking for something that is hard and will take forever to get. which is the Registration of Divorce Decree here in the Philippines. (I am Divorce with Foreign National from his country) The embassy called me already and told me that I would just have to go to PSA quezon to register the divorce and it will reflect within few months, and I highly doubt it if it will work since based on what I read and some people said I will need a lawyer to be able to register the divorce here in the Philippines. I explained to her that it will takes 2 years roughly if we will need to do that since it will go through the Regional Trial court and some hearings. All she said was She will just tell to the consul who is reviewing my papers that it will takes 2 years but she is not giving any assurance that they will issue my visa. Now, my question is:

 

1st, Is there anybody here had an experience that they just walk in to the PSA Main to register the Foreign Decree?

 

2nd, Will it help if my Fiance will go back here in the Philippines and walk in to the embassy to explain to the people there about it so they will understand that it is not as easy as what they thought?

 

3rd, Is there any chance that the consular officer could have a compassion and issue my visa after all?

 

My Fiance and I have a toddler already and it really breaks my heart if they will still gonna insist that they want us to registration of that divorce here in the Philippines, knowing they accepted lots of people already that has the same issue. I hope someone could help me out. I am so furious and emotional right now. Thanks in Advance.

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* Moved from K-1 P&P to Philippines forum. The question is about divorce as it relates specifically to the Philippines *

 

Where did the divorce take place? What documentation of the divorce was provided?

 

Asking for the registration of a foreign-obtained divorce is not typical. The requirement is to be free to marry under US law, not within PH.

It sounds like there's a decent chunk of history in your timeline and case as a whole, so one can only speculate why they are asking for said documentation.

 

8 minutes ago, chako- said:

2nd, Will it help if my Fiance will go back here in the Philippines and walk in to the embassy to explain to the people there about it so they will understand that it is not as easy as what they thought?

They won't be able to just walk in or reach anybody with the ability to see into the details of your case.

 

That said, I'm sorry to note that how easy or hard a document is to obtain - or how long it takes - is not a consideration for eligibility of a visa. One may be able to get information on how to obtain what they are looking for, but not to waive any requirement to have what they need.

 

8 minutes ago, chako- said:

3rd, Is there any chance that the consular officer could have a compassion and issue my visa after all? 

Compassion is not a factor in the issuance of a visa. COs are bound by laws, policies, and procedures.


Timelines:

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

12/1/17: sent

12/14/17: 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, geowrian said:

* Moved from K-1 P&P to Philippines forum. The question is about divorce as it relates specifically to the Philippines *

 

Where did the divorce take place? What documentation of the divorce was provided?

 

Asking for the registration of a foreign-obtained divorce is not typical. The requirement is to be free to marry under US law, not within PH.

It sounds like there's a decent chunk of history in your timeline and case as a whole, so one can only speculate why they are asking for said documentation.

 

They won't be able to just walk in or reach anybody with the ability to see into the details of your case.

 

That said, I'm sorry to note that how easy or hard a document is to obtain - or how long it takes - is not a consideration for eligibility of a visa. One may be able to get information on how to obtain what they are looking for, but not to waive any requirement to have what they need.

 

Compassion is not a factor in the issuance of a visa. COs are bound by laws, policies, and procedures.

The divorce tooks place from South Korea, I was divorced since 2015. What we do not understand is why they was asking for it since we are not going to get married in the Philippines. The documentation of divorce is the final judgement, and was also registered in Manila City hall Civil Registry Office, which is already a public documentation and they could even get it if they want to and request. but I already sent one to them because they asked for it last March. now they keep asking more and more. I just do not get it because like what you said "The requirement is to be free to marry under US law, not within PH."  so I have big question mark on my head right now.

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Posted (edited)

I would go into the PSA office and ask, or contact them by phone during business hours to get the proper information of the timeline.  If you simply need a record of your divorce, this isn't something you should need to wait years for, unless the divorce was never finalized in the first place.  Otherwise, if you divorced in South Korea, you should have the ability to obtain a divorce decree from there, but if you can't travel yourself you may need to look into hiring a service or lawyer that can obtain the required document.

 

And no, unfortunately you can't just walk in the office to explain things, and yes, the officers do follow the letter of the law, they don't make decisions based on feelings and emotions.  They need to be able to prove you are not currently married, and until they have a divorce decree in hand, they aren't going to approve your application.

Edited by givionte

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7 minutes ago, givionte said:

I would go into the PSA office and ask, or contact them by phone during business hours to get the proper information of the timeline.  If you simply need a record of your divorce, this isn't something you should need to wait years for, unless the divorce was never finalized in the first place.  Otherwise, if you divorced in South Korea, you should have the ability to obtain a divorce decree from there, but if you can't travel yourself you may need to look into hiring a service or lawyer that can obtain the required document.

 

And no, unfortunately you can't just walk in the office to explain things, and yes, the officers do follow the letter of the law, they don't make decisions based on feelings and emotions.  They need to be able to prove you are not currently married, and until they have a divorce decree in hand, they aren't going to approve your application.

I just can't believed it how come too many people just got approved and visa issued just the same case with mine, there was also one that was been illegal in Korea but the CO approved her visa. I have my final judgement of divorce, registered in legal office. so I do not get the point why they have to ask to registered in through Philippine Law. which based on our understanding they are following US Law, not the PI Law. we do not understand what is the registration of divoce here in PI has anything to do for us to get married in the US? I just felt like we left no option if PSA would not registered it but to get a lawyer and go through the process by Judicial procedure. :(

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It's a fairly black and white rule, you must show a certain standard of proof that all previous marriages were terminated legally.  All fiancee spousal visas have this rule to prevent fraudulent marriages.  In many countries, certificates may be easily forged or not authentic, and they often have very specific policy of how one must obtain that burden of proof to satisfy their stringent requirements.  I'm preparing to go through the process with my wife in China, and there are lots of hoops to jump through to get to the end goal as well, so I understand your frustration.

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Hi. I really dont know the facts of your story. But I assumed that you are a filipino citizen and that you secured a divorce decree in Korea as a filipino citizen residing in Korea.

 

Were you married to a filipino citizen before? Assuming you were married to a filipino citizen and you are a filipino citizen when the divorce decree was issued in Korea, under Philippine law, the divorce decree is not valid in the Philippines. On the other hand, if your marriage is mixed, like you are married to a Korean national, then the divorce decree is valid and it can be recognized in the Philippines.

 

What I understand is that the embassy is asking you for a court order recognizing your divorce decree in Korea. That is necessary because we do not have divorce law in the Philippines. In recognition of divorce decree, that case has to be filed at the Regional Trial Court having jurisdiction of your residence. The process for this case is not really long.

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6 minutes ago, Art22 said:

Hi. I really dont know the facts of your story. But I assumed that you are a filipino citizen and that you secured a divorce decree in Korea as a filipino citizen residing in Korea.

 

Were you married to a filipino citizen before? Assuming you were married to a filipino citizen and you are a filipino citizen when the divorce decree was issued in Korea, under Philippine law, the divorce decree is not valid in the Philippines. On the other hand, if your marriage is mixed, like you are married to a Korean national, then the divorce decree is valid and it can be recognized in the Philippines.

 

What I understand is that the embassy is asking you for a court order recognizing your divorce decree in Korea. That is necessary because we do not have divorce law in the Philippines. In recognition of divorce decree, that case has to be filed at the Regional Trial Court having jurisdiction of your residence. The process for this case is not really long.

I was married to a Korean National. The divorce tooks place from South Korea, I was divorced since 2015. What we do not understand is why they was asking for it since we are not going to get married in the Philippines. The documentation of divorce is the final judgement, and was also registered in Manila City hall Civil Registry Office, which is already a public documentation and they could even get it if they want to and request. but I already sent one to them because they asked for it last March. now they keep asking more and more. I just do not get it  because "The requirement is to be free to marry under US law, not within PH."  so I have big question mark on my head right now especially there was so many people got approved also just had the divorce decree. I am also worried if the process will tooks almost 2 years roughly. some said it could take atleast 8 months it depends on your lawyer. so then I will not be able to comply on the 221g for our k1 application. I don't know if spousal visa could be also the best option after the Judicial process. 

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Given the fact that you have a mixed marriage (marriage to a foreigner spouse), the divorce is valid. What you have to do is to ask Philippine courts to acknowledge your divorce decree. In other words, file a petition for recognition of your divorce decree. You only have to attach a certified copy (red ribbon) of your divorce decree and Korean Divorce law showing that your Korean spouse has the capacity to get marry again. It is not a long process actually. It is different process from annulment or nullity of marriages.

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3 minutes ago, Art22 said:

Given the fact that you have a mixed marriage (marriage to a foreigner spouse), the divorce is valid. What you have to do is to ask Philippine courts to acknowledge your divorce decree. In other words, file a petition for recognition of your divorce decree. You only have to attach a certified copy (red ribbon) of your divorce decree and Korean Divorce law showing that your Korean spouse has the capacity to get marry again. It is not a long process actually. It is different process from annulment or nullity of marriages.

Do you have any idea how long could be the process if ever?I heard other said it really depends on the lawyer who will process it. not just sure if that is true

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Very interesting. I Learned something new. I guess because the OP is having this issue is because her marriage is from a different Asian country and not from the USA.


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Just now, coa24 said:

Very interesting. I Learned something new. I guess because the OP is having this issue is because her marriage is from a different Asian country and not from the USA.

I don't think so, there are so many applicants also had the same case with mine, divorce with asian ex spouse, the divorce was not registered as well by the Philippine Law and still, the got approved and now happily married in the US. I do not really know what is the problem of that CO with my case. I will understand if that is their "protocol" but jeez, how about those people who have the same situation with mine but never had a problem?or maybe it is just really depends on th CO? sometimes I felt like they are power tripping. since they knew at the end of the day they will still be the one who will decide for the visa if they wanna issue it or not. I just kinda felt sad.

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1. Just try it and see 

 

2. Doesn't matter how easy it is, immigration isn't easy. 

 

3.probably not, they have rules they have to abide by. It isn't just up to that officer it gets approved by a supervisor. Even if he approved it, it could get rejected later or during administration processing if the error is found. 

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