Filipina living in Hong Kong

[morganswheelock86 0]

So 10 years ago I married a Filipina in the Philippines. Since then, we have gotten a divorce here in the United States. A couple years later I have met a new Filipino woman and we are engaged. She is currently living in Hong Kong for the past 4 years. And we were going to do a K1 visa but we decided maybe we want to get married in Hong Kong.

So my question is since I am still technically married in the Philippines because of the annulment and not doing the adjustment of status in the Philippines. Will my fiance soon to be wife still have to get all the Philippine documents if she's going to be doing all of her interviews and everything in Hong Kong? Because I read somewhere that she still needs a Cenomar Even if we get married in Hong Kong? I'm kind of confused because I know if she tries to report the marriage in Hong Kong to the Philippines it will probably get turned back because it will show my status still married

 

 

[EM_Vandaveer 2,408]

AFAIK what matters to the US is your marital status in the US, you got a divorce in the US, you should be OK.

I don't understand why your fiancee couldn't get a CENOMAR? SHE is not married in any country, right?

After that, it's the Hong Kong marriage that matters, I'm not 100% sure but I don't see a possible reason that the US Consulate in Hong 
Kong would ask for proof that the marriage is registered in the Philippines.

[morganswheelock86 0]

I don't know when I was just looking at the required documents at the Hong tongue US embassy. There is a button that says important information for Filipino residents living in Hong Kong and then you click it and it was extra documentation. Like all the documentation is fine except for the Cenomar she's not married but I don't understand why she would need a cenomar if she married . I guess just to make sure she not trying anything fishy

[Adventine 3,201]

Because the CENOMAR literally stands for "Certificate of No Marriage". It's proof that she isn't married to anyone else in the Philippines.

 

Whereas you would have a CEMAR (Certificate of Marriage) because you were previously married in the Philippines. But my understanding is, as long as you can ALSO produce a divorce decree from the US for your previous marriage, the US Embassy  will follow US laws and will accept you as legally free to marry.

 

BTW, you need to make a decision where to get married. If in Hong Kong, then follow whatever process they have for a legal marriage. Then you have to apply for a SPOUSAL visa at the US embassy, not a K1.

Edited August 8, 2022 by Adventine

[Chancy 6,241]

8 hours ago, morganswheelock86 said:

Will my fiance soon to be wife still have to get all the Philippine documents if she's going to be doing all of her interviews and everything in Hong Kong? Because I read somewhere that she still needs a Cenomar Even if we get married in Hong Kong?

 

Your Filipina beneficiary will need to present her CENOMAR from PSA even if she marries in Hong Kong and has her visa interview there.  As you may have seen from the published interview checklist of the Hong Kong consulate, CENOMAR/CEMAR is a requirement for all Philippine-born visa applicants.  Unless you are a former or dual Philippine citizen, your beneficiary will not need to present your CENOMAR at her visa interview.

 

If the marriage was done outside the Philippines, it will likely be ok with the consulate even if a Filipina spouse visa applicant presents a CENOMAR (instead of a CEMAR), as long as they present a valid certificate of the foreign marriage.  Like you mentioned above, the consulate just wants some proof that the applicant is not already married to somebody else in the Philippines.

 

It is possible, though unlikely, that the consul officer will ask to see the ROM (Report of Marriage) or why she has a CENOMAR and not a CEMAR.  In that case, she just needs to explain that you had a previous marriage in the Philippines so you could not register your current marriage.  As long as she also presents your final divorce decree for that previous marriage, the CO will likely be fine with the explanation.

 

Edited August 8, 2022 by Chancy
clarification

[morganswheelock86 0]

Okay that makes all sense. Thank you very much

[pushbrk 12,975]

11 minutes ago, morganswheelock86 said:

Okay that makes all sense. Thank you very much

It makes sense because it's right.  You are both free to marry where you plan to marry.  YOU, are not free to marry in the Philippines but that is not relevant to your plans.  There is no US Immigration related need to register your marriage in the Philippines until and unless you want to retire to the Philippines and apply for permanent residence there based on your marriage.  Even then that's not the only way to live in the Philippines long term, so no deal killer.

[morganswheelock86 0]

21 minutes ago, pushbrk said:

It makes sense because it's right.  You are both free to marry where you plan to marry.  YOU, are not free to marry in the Philippines but that is not relevant to your plans.  There is no US Immigration related need to register your marriage in the Philippines until and unless you want to retire to the Philippines and apply for permanent residence there based on your marriage.  Even then that's not the only way to live in the Philippines long term, so no deal killer.

Yeah, I keep reading that but then I also read people where they had their wife in Hong Kong. During the interview the consulate would ask for the ROM the report of marriage and she would tell them well. I didn't report it because my husband is still married in the Philippines and they said to her that they had to get that straightened out before they can give her a visa. Unless she just had a real ####### of a consulate

[pushbrk 12,975]

26 minutes ago, morganswheelock86 said:

Yeah, I keep reading that but then I also read people where they had their wife in Hong Kong. During the interview the consulate would ask for the ROM the report of marriage and she would tell them well. I didn't report it because my husband is still married in the Philippines and they said to her that they had to get that straightened out before they can give her a visa. Unless she just had a real ####### of a consulate

If that happens it's improper and can be dealt with after the fact.  Could be difficult and a long delay, but can be dealt with.  Often people leave out details when reporting such things.  Did those same folks try to get by without the CENOMAR?  That would kill the deal, with no ROM.

Edited August 8, 2022 by pushbrk

[Adventine 3,201]

32 minutes ago, morganswheelock86 said:

Yeah, I keep reading that but then I also read people where they had their wife in Hong Kong. During the interview the consulate would ask for the ROM the report of marriage and she would tell them well. I didn't report it because my husband is still married in the Philippines and they said to her that they had to get that straightened out before they can give her a visa. Unless she just had a real ####### of a consulate

 

Did you read this on Facebook or other social media? Some FB groups are notorious for bad immigration advice based on incomplete info. I also notice that in your story, the Filipina said her husband is still married in the Philippines. No mention if the guy got divorced or not in the US. That's probably the key part of the story that got left out or miscommunicated.

 

[powerpuff 6,730]

~~ Duplicate thread removed. Please do not start multiple threads asking same or related questions as that’s considered spamming ~~
 

~~ Topic is moved to Philippines sub forum for country specific information ~~
 

2 hours ago, morganswheelock86 said:

I had a question. I was married in the Philippines quite a few years back and we divorced here in the United States of America. I am the US citizen. By the way. Since my divorce I have met another Filipina woman and I plan on filing a K1 visa for her because I know I can't get married there unless I want to do the whole change of status. Court thing. I know US immigration in the US embassy will accept my divorce decree and things will go a lot smoother. But my question is, is my fiance going to have an issue at the CFO? Because they look me up? They're going to see that I was previously married to a Filipina and still considered married in the Philippines. If my fiance brings a copy of my divorce decree to her CFO appointment, will that be suffice? Since she is on a K1 visa coming to United States where I am eligible to marry?

 

[Chancy 6,241]

Quote

Since my divorce I have met another Filipina woman and I plan on filing a K1 visa for her because I know I can't get married there unless I want to do the whole change of status. Court thing.

 

You can't get married again with a Philippine marriage license, but you can marry anywhere outside the PH or via Utah zoom wedding.

 

Quote

is my fiance going to have an issue at the CFO?

 

I thought your fiancee lives in Hong Kong?  Why does she need to do the CFO seminar?  CFO certificate is only needed to exit from the PH.  No need if she's flying to the US from HK.

 

Edited August 9, 2022 by Chancy
linked wrong quote