K1 Visa 221g and Annulment

[Jeffster 1]

Hi,

My fiancee on the K1 Visa just interviewed in Manilla and was issued a 221g. The consulate issued the 221g stating she needs recognition of US divorce in the phillipines to have Visa approved.

 

There is an annulment at the end stages, so we are waiting for that as it may be sooner than recogntion of divorce. The filipino former spouse is a US citizen as well. The US divorce decree was included in the file and all else was fine.

 

Did the interviewer act on personal whim or is there a real reason for the decision? Since my fiancee is legally divorced in the US, I thought she is allowed to be issued the Visa even with ongoing annulment....Thanks very much  

Edited October 20, 2019 by Courtjeffster

[Unlockable 7,315]

When was the K1 filed, before or after the final divorce (decree)?

Also, How is there an annulment and a divorce at the same time?

 

I can see the confusion. 

[HRQX 4,145]

22 minutes ago, Unlockable said:

How is there an annulment and a divorce at the same time?

OP said that in the Philippines there is a pending annulment and an ongoing process for recognition of the US divorce decree (second paragraph of Article 26, Family Code of the Philippines; also REPUBLIC OF THE PHILIPPINES vs MARELYN TANEDO MANALO)

[Unlockable 7,315]

8 minutes ago, HRQX said:

OP said that in the Philippines there is a pending annulment and an ongoing process for recognition of the US divorce decree (second paragraph of Article 26, Family Code of the Philippines; also REPUBLIC OF THE PHILIPPINES vs MARELYN TANEDO MANALO)

Ok. I think i understand. In three PHL they can use a divorce decree for grounds of an annulment. 

 

Thanks. 

[Hank_ 9,174]

1 hour ago, Courtjeffster said:

Hi,

My fiancee on the K1 Visa just interviewed in Manilla and was issued a 221g. The consulate issued the 221g stating she needs recognition of US divorce in the phillipines to have Visa approved.

 

There is an annulment at the end stages, so we are waiting for that as it may be sooner than recogntion of divorce. The filipino former spouse is a US citizen as well. The US divorce decree was included in the file and all else was fine.

 

Did the interviewer act on personal whim or is there a real reason for the decision? Since my fiancee is legally divorced in the US, I thought she is allowed to be issued the Visa even with ongoing annulment....Thanks very much  

 

Yours is the 3rd one I have read of in this past year where there is a foreign divorce (which is recognized in the USA) and the CO has asked for the recognition of divorce for the Philippines anyway.

 

I still find this very strange, but don't have an answer for how to address this with the CO, aside from giving them what they asked.  

 

Until this year it has never been an issue, the embassy was happy with a copy of the foreign divorce decree.   Not sure if this is just a new CO or what.

Edited October 20, 2019 by Hank_

[SalishSea 17,916]

Was it that OP filed the petition before the annulment was final?  Without that, she couldn't have been issued a CENOMAR to bring to the embassy interview.

[Hank_ 9,174]

They were both free to marry at the time of filing the I-129F, the divorce is valid .. annulment is not necessary.

 

Even if the annulment were completed a person once married in the Philippines can not get a CENOMAR, PSA would issue the CEMAR with an annotation of annulment 

[SalishSea 17,916]

Then that really doesn't make sense.  Isn't the embassy legally required to accept a valid divorce?

[Hank_ 9,174]

16 minutes ago, Jorgedig said:

Then that really doesn't make sense.  Isn't the embassy legally required to accept a valid divorce?

 

There you are ... thus the confusion on this.    For all the years I have been around here a copy of the divorce decree was more than adequate for the interview, in fact it is listed on the required documents checklist.

 

This from the documents checklist for the embassy:

 

PROOF OF TERMINATION OF MARRIAGE (if applicable). Annulment decree, death certificate issued by the PSA, a foreign divorce decree or foreign death certificate.

 

https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

[SalishSea 17,916]

5 minutes ago, Hank_ said:

 

There you are ... thus the confusion on this.    For all the years I have been around here a copy of the divorce decree was more than adequate for the interview, in fact it is listed on the required documents checklist.

 

This from the documents checklist for the embassy:

 

PROOF OF TERMINATION OF MARRIAGE (if applicable). Annulment decree, death certificate issued by the PSA, a foreign divorce decree or foreign death certificate.

 

https://ph.usembassy.gov/visas/immigrant-visas/family-based-immigration/the-interview/

I see.  Will be interesting to see more on this going forward.

[Jeffster 1]

Interesting to read this discussion. I was thinking similiar....Thanks for the replies

[Jeffster 1]

If they are indeed making a mistake by some, as it appears, then it seems very unclear....They only allow up to a year to provide the document. So one can try to do that but I'm concerned on this time frame

Edited October 21, 2019 by Courtjeffster

[Sarge2155 4,589]

On 10/21/2019 at 11:17 AM, Courtjeffster said:

If they are indeed making a mistake by some, as it appears, then it seems very unclear....They only allow up to a year to provide the document. So one can try to do that but I'm concerned on this time frame

Dealing with the courts in the Philippines a year is hardly enough time especially if the couple has just started the procedures to obtain this recognition of divorce.