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Elbertviola

Cenomar/PSA

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I am a US Citizen and was born in the Philippines.  I was married to a Filipina in civil marriage while I am  already a US Citizen and after 2 years we got divorced here in the US.  Now, I am planning to marry another Filipina

from the Philippines. The church is asking a copy of my cenomar but it shows that I am married. They said I need to hire a lawyer and bring to court then recognized it at PSA.  Is it the divorce decree sufficient to re marry again

since I am already a US citizen even before I married my ex-wife.  Can I able to marry again in Civil wedding  even my divorce is not recognized yet? Please advise!

Option 2, if we cant get married in the Philippines due to recognition issue, can we marry in Thailand and file a spouse petition for her? What is the best way to marry her in a faster way?

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* Moved from IR-1/CR-1 Progress Reports to Philippines regional forum. Question involves specifics of Philippines marriage/divorce processes. *

Edit: Nevermind...somebody beat me to it. :P

 

Where did you originally marry? If it was in the US, did you do a ROM?  Where are you trying to get remarried?

 

If trying to remarry in PH and there is a record of a prior marriage (either via marrying within PH or via ROM), then then you need to go through the courts to get the US divorce recognized since divorce itself does not exist in PH (except a specific situation). As far as PH is concerned, you're still married to the first wife.

 

If trying to remarry outside of PH, then there shouldn't be an issue as far as US immigration is concerned. They will recognize the divorce and new marriage fine (although a CENOMAR will be requested by Manila, the CEMAR and divorce decree will suffice instead).

Although there can some side effects...like not being able to do a ROM on the new marriage, and therefore never being able to adopt your name on her passport or other government documents from PH. And technically you would be married to the first wife still so.....yeah.

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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4 minutes ago, geowrian said:

* Moved from IR-1/CR-1 Progress Reports to Philippines regional forum. Question involves specifics of Philippines marriage/divorce processes. *

Edit: Nevermind...somebody beat me to it. :P

 

Where did you originally marry? If it was in the US, did you do a ROM?  Where are you trying to get remarried?

 

If trying to remarry in PH and there is a record of a prior marriage (either via marrying within PH or via ROM), then then you need to go through the courts to get the US divorce recognized since divorce itself does not exist in PH (except a specific situation). As far as PH is concerned, you're still married to the first wife.

 

If trying to remarry outside of PH, then there shouldn't be an issue as far as US immigration is concerned. They will recognize the divorce and new marriage fine (although a CENOMAR will be requested by Manila, the CEMAR and divorce decree will suffice instead).

Although there can some side effects...like not being able to do a ROM on the new marriage, and therefore never being able to adopt your name on her passport or other government documents from PH. And technically you would be married to the first wife still so.....yeah.

what do you mean by CEMAR and ROM? if I marry my new wife in other country like Thailand or Hongkong, Can I able to file a spouse visa for her and there is no problem? Are they still need my cenomar? it shows in my cenomar that I am still married w my first wife, will this be a problem when I file a petition for my new wife?

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4 minutes ago, Elbertviola said:

Can I able to file a spouse visa for her and there is no problem? Are they still need my cenomar? it shows in my cenomar that I am still married w my first wife, will this be a problem when I file a petition for my new wife?

As @geowrian stated, both USCIS and the US embassy will accept the marriage in Thailand, Hong Kong, etc.

4 minutes ago, Elbertviola said:

what do you mean by CEMAR and ROM?

ROM = Report of Marriage of A Filipino Abroad

For single persons the PSA issues a CENOMAR (Certificate of No Marriage = Certificate of Singleness). If the person is/was married, PSA issues a CEMAR (Certificate of Marriage).

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We are the ones quoted above.   It was pretty easy to marry in Hong Kong.  The hardest part was getting a check in Hong Kong dollars but that was easy to do in Manila.

 

Since you are not going to worry about a report of marriage you just need to be there 2 days before the ceremony. 

 

Let me know if you have any questions.

~P

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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No issues on the US side

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

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2 minutes ago, Elbertviola said:

Also, since she has US tourist visa already, will it be better that she come to US as tourist and will get married here? How long do we need to wait before we can marry in US and how long before she can get her greencard?

She can visit fine. She can marry while visiting...check the state & country laws for requirements (some have a few days to week or so waiting period).

 

She cannot stay...a tourist visa is only for visiting. She must return abroad to complete the visa process.

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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14 minutes ago, Elbertviola said:

If we marry in Las Vegas, how long do we need to wait from the time she gets to US before we can get married? If she decided to stay in US and file for AOS will this be a problem? What if she gets pregnant during the petition or after we get married? 

I don't know Las Vegas's laws, but I believe it's known for having no wait ("plane to wedding lane").

 

I don't think you're understanding the information provided. I just stated that she can only visit. She cannot stay with a tourist visa. What you are suggesting (using a tourist visa as a means to immigrate) is visa fraud. This is very serious, and can result in being denied entry and/or getting an expedited deportation (plus associated ban) when she arrives at POE.

Edit: It's also against this website's TOS.

 

Pregnancy has no bearing on the petition or visa.

If she does and a child is born outside the US - and you meet the requirements to pass citizenship to the child - then the child just needs a CRBA + US passport.

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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14 minutes ago, Elbertviola said:

But if we just get married in las vegas as soon as she gets to US and go back to the Philippines then ill file a spouse visa.  Can she comes back in US as tourist while the process is pending.  She will just stay for few weeks and come back to Philippines. Will this be ok to immigration?

Yes, she can visit during the processing. Entry is subject to CBP inspection as always. Short trips in and out are usually not an issue - it's when people spend more time in the US than out that makes CBP raise an eyebrow.

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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Filed: Other Country: Philippines
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6 hours ago, Elbertviola said:

I am a US Citizen and was born in the Philippines.  I was married to a Filipina in civil marriage while I am  already a US Citizen and after 2 years we got divorced here in the US.  Now, I am planning to marry another Filipina

from the Philippines. The church is asking a copy of my cenomar but it shows that I am married. They said I need to hire a lawyer and bring to court then recognized it at PSA.  Is it the divorce decree sufficient to re marry again

since I am already a US citizen even before I married my ex-wife.  Can I able to marry again in Civil wedding  even my divorce is not recognized yet? Please advise!

Option 2, if we cant get married in the Philippines due to recognition issue, can we marry in Thailand and file a spouse petition for her? What is the best way to marry her in a faster way?

You are not a dual citizen?     From what I have read only  a Philippine citizen can get a divorce recognized in the Philippines, foreigners only need to present a copy of their divorce decree.  You could talk to a knowledgeable attorney on this.

 

If you continue to have issues in the Philippines getting marrying in another country is not an issue for the visa process.   

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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