The OP asked for enlightenment... hence my post. I called it a loophole because technically, his fiancee is STILL MARRIED but it may still work. Though her fiancee was able to obtain a divorce decree that may be acceptable in the US. It wasn't done properly. They were foreign nationals and the US technically had no jurisdiction over their marriage. US Laws states that it will recognize legal and valid marriages from foreign countries. His marriage is still legal and valid in the Philippines so he is still married. Keep in mind, in the I-129F app, they ask when he became naturalized and when he terminated his marriage. Do they take a closer look at these dates? We don't know. If they do and the adjudication officer knows what he/she is doing, the petitioner may be asked to provide documentation that his marriage was terminated properly in the Philippines which he's not going to be able to. To have a foreign divorce acknoledged in the Philippines one must petition the courts to acknowledge the foreign divorce. This divorce will not be accepted. I get it that he doesn't have to do it but these are potential issues brought up to enlighten the OP.
Fact is, he may have a decree but he's not divorced.
At some point, the OP's NSO records will be updated as married, I'm not sure who does it but I have friends that got married in the US and were surprised to find out the NSO showed them to be married lacking details and such. Also, being that the OP is a Filipino national, the Philippines will still have jurisdiction with her persons till she gets naturalized, therefore Philippine laws apply to her and her foreign marriage which as far as the Philippines is concerned will be NULL AND VOID!
Before you call posts unnecessary non-facts, DO SOME RESEARCH! I understand you know and understand US Laws based on your own personal divorce as a USC but the Philippines have jurisdiction over it's nationals (which at the time of the divorce, the petitioner still was), not the US therefore the divorce could be deemed invalid.
Spoke to US Embassy in Manila. They dont have our info yet cuz we just got approved yesterday. They said once i have a Manila case#, we can go to Window 38 and request for a letter to request the SG Police force to release a clearance but she said even then some are getting issued and some are not. And that the consular officer want the applicant to at least try. I think this is a lot of bull!!! If they know a country is no longer doing a process, they should stop asking people to go through hoops thats not even 100% that its gonna work or ask fir something else.
I don't think they will ever ask for a CENOMAR for the petitioner as he is/was married in the app. If anything, the CO may ask for an annullment.
OP, there is this site that is very helpful. It is owned by this young but pretty blilliant lawyer in the Philippines. Go to the forums and ask for the validity of your fiancee's Philippine marriage and US divorce. See what he says.
http://www.pinoylawyer.org/
My daughter was born in the Philippines, all i did was go to the US embassy with the child, birth certificata and my proof of citizenship and i think i got the passport the same day. I dont remember that part since that was 11 years ago.
Im not sure why the consulate would have any say on pursuing the CRBA while there's a K1 in process as they are 2 seperate cases. The non-us parent does not get instant benefit from the child and besides its the child's right as an american.
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