please help me

[Just Paul 4,595]

2 minutes ago, ryan villa said:

So the only way is get my gf is being a us citIzen and file for k-1? No spousal visa right

No you can file a spousal as either a USC or LPR.  But in either case it is going to take you 5 years from the date of your first green card.

 

Don''t get hung up on the K1 - It is a total non issue for you at the moment.

Edited October 21, 2020 by Paul & Mary

[aaron2020 11,651]

1 minute ago, ryan villa said:

So the only way is get my gf is being a us citIzen and file for k-1? No spousal visa right

You need an annulment in the Philippines.  

No annulment, then your GF is staying in the Philippines.  It will not matter if you get US citizenship.  She will not get a visa until you get an annulment.  PERIOD.

[Just Paul 4,595]

Ok - just curious - did she get a "Capacity to Marry" from the US Embassy in Manila or Consulate in Cebu?

 

And when she entered the Philippines for your wedding was her passport stamped as Balikbayan or 30 day tourist?

[payxibka 10,048]

5 minutes ago, aaron2020 said:

You need an annulment in the Philippines.  

No annulment, then your GF is staying in the Philippines.  It will not matter if you get US citizenship.  She will not get a visa until you get an annulment.  PERIOD.

The US Embassy will recognize the US divorce decree.   This is why it is in the PI regional so the OP can get the proper information 

Edited October 21, 2020 by payxibka

[Chancy 6,247]

7 minutes ago, Paul & Mary said:

You will also need to do a divorce waiver based ROC.

 

Not if he had an IR1, like he said.  But with the history of lying in this marriage visa story, who knows what other complications are actually there?

 

[Just Paul 4,595]

Just now, Chancy said:

 

Not if he had an IR1, like he said.  But with the history of lying in this marriage visa story, who knows what other complications are actually there?

 

Correct if he is an IR1 = hard to keep the "facts" straight in this one.

 

[Chancy 6,247]

2 minutes ago, Paul & Mary said:

Ok - just curious - did she get a "Capacity to Marry" from the US Embassy in Manila or Consulate in Cebu?

 

He said ex-wife lied about her citizenship to avoid getting the document from the US embassy.  Sigh.

 

[Just Paul 4,595]

3 minutes ago, Chancy said:

 

He said ex-wife lied about her citizenship to avoid getting the document from the US embassy.  Sigh.

 

I doubt she will be of any assistance in getting the marriage contract "fixed".  The OP knew what he was signing so in essence he knowingly committed fraud as well.

 

It's prima facie.

[payxibka 10,048]

4 minutes ago, Paul & Mary said:

I doubt she will be of any assistance in getting the marriage contract "fixed".  The OP knew what he was signing so in essence he knowingly committed fraud as well.

 

It's prima facie.

A spousal visa is not possible.  A k1 would be possible after citizenship. 

[Chancy 6,247]

1 minute ago, Paul & Mary said:

I doubt she will be of any assistance in getting the marriage contract "fixed".  The OP knew what he was signing so in essence he knowingly committed fraud as well.

 

Correct -- they both signed the marriage contract so they're both party to the lie.

 

I don't think there's any point in getting the marriage certificate "fixed" at this point.  Might be best for the OP to give up on the idea of marrying again in the Philippines.

 

[ryan villa 0]

4 minutes ago, Chancy said:

 

Correct -- they both signed the marriage contract so they're both party to the lie.

 

I don't think there's any point in getting the marriage certificate "fixed" at this point.  Might be best for the OP to give up on the idea of marrying again in the Philippines.

 

So only thing i can do mam is to be a us citizen and married her here?

[Chancy 6,247]

5 minutes ago, payxibka said:

A spousal visa is not possible.  A k1 would be possible after citizenship. 

 

After country borders open up again, marrying in a third country would be possible.  That could be a path to a spousal visa since USEM will accept a US divorce decree anyway.  OP would still need to wait after 5 years of being LPR before filing.

 

[payxibka 10,048]

1 minute ago, Chancy said:

 

After country borders open up again, marrying in a third country would be possible.  That could be a path to a spousal visa since USEM will accept a US divorce decree anyway.  OP would still need to wait after 5 years of being LPR before filing.

 

A bit of a logistical challenge but possible 

[Just Paul 4,595]

6 minutes ago, ryan villa said:

So only thing i can do mam is to be a us citizen and married her here?

You just can't marry her in the Philippines and possibly other places that ask for proof of singleness.   

 

Example: In Honk Kong I had to supply a copy of my Divorce and my wife her CENOMAR.  If you are still a LPR, Hong Kong might want a CENOMAR for you as well.

 

So logistics may be a challenge. . .  but that is down the road.

 

Probably easiest to wait until you become an USC.

Edited October 21, 2020 by Paul & Mary

[ryan villa 0]

4 minutes ago, Paul & Mary said:

You just can't marry her in the Philippines and possibly other places that ask for proof of singleness.   

 

Example: In Honk Kong I had to supply a copy of my Divorce and my wife her CENOMAR.  If you are still a LPR, Hong Kong might want a CENOMAR for you as well.

 

So logistics may be a challenge. . .  but that is down the road.

 

Probably easiest to wait until you become an USC.

by the time my gf will get interview i am already a us citizen. So i just have to give her my divorce papers decree to know the consul that i am single here in usa right?