jae&marianne

Thanks for the advice. Husband will be accompanying me for the interview in case we decide to push through :/

Well yeah, the process has already finished CR1 route denied (because USEM did not honor my sharia divorce with my ex) plus our three children under CR2. We can't refile yet as we just started our civil annulment which takes years to finish.

As far as honesty is concerned, our children will continue with school and we will hold off the migration part. Hubby just wants me to travel and stay with him for a month. I do have work and house here in PI (plus children) as proof of ties.

Hello,

My CR1 petition was refused last October 17 2016 at the USEM. My husband is here now in the PI wanting me to apply for a tourist visa while waiting for my civil annulment. What are my chances of getting one? Would it be possible for me to apply for a tourist visit while just had the cr1 route last October?

Thanks!

Hi All,

I was able to retrieve an explanation on the US Embassy's stand on SHARIA Divorce ( through conversion ) here in the Philippines. Hope this may help other's who are in the same pathway as mine. To correct what needs to be corrected along the process :

9 FAM 102.3 states that the "underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls." In the Philippines, a marriage under the Civil Code of the Philippines may only be terminated through annulment, being declared void ab initio, or through the death or legally presumed death of a spouse.

However, the Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. Article 13 of the MPL states, in relevant part:

(1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.

Philippine law does not recognize the validity of the applicant’s Sharia divorce because the Family Code is the first or sole legal basis of her underlying marriage. In this case, following the 2009 civil marriage, the applicant’s spouse subsequently converted to Islam and obtained a divorce under Sharia (Islamic law). Even if a Sharia court accepted and adjudicated the petition for divorce, its decision is not legally binding because the applicant and ******* did not marry in accordance with Muslim law or the MPL. Consequently, the applicant was not free to enter into marriage in 2015 and therefore, does not qualify for the CR1 visa category being sought.

For those who are still or haven't finalize their petitions yet, no other way but the civil annulment ...

Hi sender . Sorry for the denial and tormenting months just to have an interview and medical . I went through same route as you . I haven't set up my interview yet at the US Embassy. Now, I'm thinking to start my annulment and maybe by the time j have an interview next year March , it's all done ? What do you think ? I have 4 kids and plan to bring the eldest but now I'm in doubt to do an interview with my daughter due to this visa denial on shariah divorce .

Hey there. Were you married here in the PI or not yet? U see my situation is really complicated as i consulted with a lawyer here and they said, what is there to annul when my previous marriage has already been cancelled/terminated/annotated by the civil registrar. Going through annulment will only worsen my status because my married with my husband now will be deemed null and void. Unless and until, after the annulment we can opt to petition a court here to register our marriage.

Im still confused. USCIS should have just denied us in the first place. What hurts is, weve spent so much for the petition process as we are four beneficiaries. My husband did write the congressman and the case assistance ombudsman; but im not really sure how it would go.

I know the decision lf the consular officer is irreversible. Am wondering if its possible to get a refund? Lol...

Thank you everyone for your kind words. Until now it has not totally sank in with everything that has happened. if this was the case they should have denied us already during the USCIS phase.

I remembered I had an RFE for proof of termination of first marriage. I complied with every documentation, then they approved us. Why allow me and my children to go through this whole process of spending extra money for everything and on the end point just drop the bomb on us? My husband petitioned four of us, we had a joint sponsor, but most of the expenses was shouldered by my family with the goal of unity for all us.

I really do not know to think for now, all i have is a white letter with 212 on it. The paralegal my husband hired told me that I was a victim of technicalities. He wants my husband to write a letter and just to let them know how tormenting the whole process was. An easy denial from the start would be an easy one than having to go through the medical exam phase plus the expenses.

I had to admit, the system here in the Philippines really sucks big time ...

jae&marianne I wish you all the best in your interview and getting your visa. My fiancee had her interview a year ago and the Embassy kept her case in a review status for months until her physical exam expired. I visited her in the Philippines and we went to the Embassy together and were told if she got a new physical the visa would be issued. That was in May this year. We went together for 2 days to St Lukes and got her physical done again and after it was sent to the Embassy the CEAC status changed to 'Approved'. When she didn't receive the visa after 2 weeks we checked on it and the Embassy said the approval was a mistake and the case is still being reviewed and had been referred to fraud investigation. Now 1 year after her interview they Embassy finally refused the case so we have to start over. The reason for the refusal is that she was first married in Philippine civil ceremony and not in Sharia court. Because of this they say she is not permitted a Sharia divorce even though the Sharia court granted the divorce. She also had documents from the DFA with red ribbon as well as a letter from the PSA to say the divorce cannot be annotated on CENOMAR but the divorce has been recognized by the PSA on her CEMAR as valid and true. So now we are beginning work to find a lawyer to file annulment.

Was your first marriage Sharia or Philippine civil ceremony? Were you or your ex-husband Muslim when you were married the first time?

@wiredog i posted my experience here : http://www.visajourney.com/forums/topic/613461-cr1-with-sharia-divorce-refusal/#entry8346770

Hi all,

First of all I would like to thank this community for sharing the knowledge and resources for people like us struggling to be with their loved ones. I understand everything takes time and patience and that due process is needed. If its meant to be it will be, if not I guess something is better at hand.

I started my CR1 and my 3 children's CR2 process last January; through USCIS and NVC and finally got an interview but was eventually realized it was not really for me (yet) for now.

The interview process went smoothly. Up until we reached the pre screening window. The Filipino officer checked all my documents, had some simple questions about me and my husband. But having checked my previous divorce with my ex he stated " 2 weeks ago a memorandum came up stating that all Sharia Divorce will no longer be honored or accepted for immigration process unless and and until the certain marriage was solemnized under Sharia Law and divorced under it " He forewarned me, but still said; its the CO's final say so lets just wait.

Having looked back at our visa journey ; when or papers was still at USCIS I had an RFE for jurisdiction and termination of marriage from my first husband. I went through the whole process and submitted and we were approved. With that, I thought I had the assurance that my divorce was no longer in scrutiny. But I was wrong. The CO that interviewed us was friendly and nice, she had less questions about me and my husband and even the AOS went through for all of us. It was just my divorce that froze my world for a moment. I even asked her, why did USCIS approve us if this is not possible? She said, the memo just came up two weeks ago. She said sorry though because she can not issue a visa for us The only way to get out of this puddle she said is through Philippines Annulment . I asked again, why did this just came up right now? She said, it was the Philippine Government who imposed this memorandum.

We all know how the system eats up all the money just by going through the annulment process. Its really sad but this is reality. On a lighter note, my husband (the petitioner) will be coming over next month after having heard the news. And to settle the score, file for an annulment and maybe when the right time comes re file our case again.

What I learned, distance can never stop two people from being with each other ... The immigration process may steal a piece of joy but its not the end.

Thank you all and I hope this post can help others who are stuck same as my case.

jae&marianne - do you have your visa? Ours was refused. The Embassy cited several Muslim and Philippine laws to say that the divorce is not valid and so fiancee is not really divorced and does not qualify for the visa.

Oh wow thats terrible. As we speak tomorrow is our interview. I'm not sure about the difference since my husband I and were married through civil law in Philippine soil.

Prior to having approved BY USCIS last summer. i had an RFE of the jurisdiction and bi laws of the divorce that occurred in my place. Had my documents ribboned at the DFA here. After submitting those our petition was approved.

Anyway, hoping and praying for positive results tomorrow. God is in control.

Hi all,

Let me share my experience. My ex and I were divorced under the Sharia Law. We went through all the process and had our marriage contract annotated ; and on the side it states the decision of the judge and the date. "Termination of Marriage" etc.

So I was able to re marry with my husband last year. Regarding the CENOMAR/CEMAR ; PSA will give you what is applicable in your case. So in mine, I was able to get CEMAR marriage adivsory -- form 5.

It states the two marriages I had. PSA explained that for marriages that underwent Sharia Divorce there will be no annotation on the CEMAR; so it is normal to see both marriages. All we need is to attach the divorce paper and the court decision together with it.

In comparison to marriages that went annulment -- annotation will appear in the CEMAR like " with annotation of nullity of marriage"

:)

See you all! Praying for a good weather Ours is at 6:45

Thanks Aila ?

Yup, finished immunization and was able to get my CD around 7:30 pm. They told me that for applicants who went further tests, they will be the ones to forward the medical results to the embassy.

Two more days till the interview

Just an update. The personality evaluation went quick for me, the lady was nice and pleasant. Her aura was very pleasing. It did not last for more than 15 minutes. Then was instructed to go back to Room N and told to go back in the afternoon for immunization!

Hey everyone,

I stand corrected, it says on the paper Personality Evaluation. I will be going back at SLEC tomorrow for it. Whatever is the next step for me, I have already lifted it to God and take everything in stride. Sometimes, the long wait, and stress gets into you know.

Our second day at SLEC was another long day. I really felt the weight of my shoulders this time.

-- 2 sons got cleared and got their vaccines while my middle son had to go to sputum exam ???? i really can't believe it coz i have been careful and meticulous with their health. I lept wondering what they could have seen my son just has an inborn pigeon chest as it was inborn bone structure. Its really frustrating.

On the other hand, as for my Psych eval the lady told me that there is a "chance" i can make it on my interview as my appointment on Thursday is first thing in the morning. It depends still on doctor thats gonna see me. ???

As for my two kids, their good to go for the interview on the 17th ... just have no choice but to go with the flow and accept things as thy come.

Bookings and accommodation stay will be extended and additional expenses ???

Thank you all for yours answers, I appreciate it.

Hi all,

Just wanted to share our medical exam yesterday. We arrived at SLEC around 6:30 in the morning. We had all or documents ready and photocopies at hand as well. There was a lot of people! My 3 teenagers finished first; together with their physical exam as the last stop. They were done around 3pm. They are asked to come back today at 2pm. ( hoping for good results )

However, on my end during the PE, the physician asked a lot of questions, and having remembered when I was a teenager way back years ago during my parents split up/annulment I inflicted harm on my wrist using a razor but it wasn't that deep but it left a scar I had to open it up rather than wait for the doctor to see it for herself and then ask me why I didn't do so right?

So she scheduled me for a consult this Thursday. I am a bit worried though; does anybody have any experience with this? Our interview is on Monday.

Hey guys,

Thank you for the feedback. So my husband was able to file his 2015 tax as he was able to work for 2014-2015. The tax transcript he provided me was the 1040EZ and W2 and a lot other pages.

Would this suffice?

Hello,

Our interview is on the 17th (me and my 3 children) Medical exam on the 10th. And i received a letter of instructions from the embassy on what to bring.

My husband the petitioner was unemployed since last year and has only been receiving pension and disability from the state. So we had a co sponsor which is my step father. I have his AOS and and federal tax returns for the last three years.

However, i received an email stating below :

AFFIDAVIT OF SUPPORT

From your Petitioner: ********

It appears the Affidavit of Support you provided is incomplete. Please provide the following:

- U.S. Federal Income Tax Return for 2015

We had a paralegal prepare the documents as he said he already submitted the AOS both my husband and step father to the NVC. And have indicated that my hubby was unemployed hence the co sponsor.

But having our case expedited from NVC TO THE Embassy directly. I''m confused and panicking coz the interview is just days away! ???

Hello all

Medical exam in 4 days, interview in 11 days!

Good luck to all!

If your kids are under 12 years of age they only need to be registered to get the sticker. If 12 or older they must attend PDOS

http://cfo.gov.ph/rnr-pdos.html

Fee has only went up for adults, for the children the fee has not changed.

My kids are over 15 so they need to attend the seminar

Thank you for this. Noted Greenbaum. Will start checking my documents!

My interviewed was scheduled over the phone. I called USEM for that

Yup about to print the confirmation email and eligibility too. Too sad the fees gone up at SLEC I've already done the CFO seminar when I was in Cebu last month. But my kids need to have it too so they say.

Thank you

Hello!

Thank you for your answers. My apologies for not being specific My case was expedited from NVC stage to USEM Manila. I already have my interview schedule made. It's just that one of the requirements as I read SLEC website was to bring the Interview Letter and Appointment Letter.

But I only have :

** appointment letter

** eligibility letter which just came like 3 days ago

And I guess I would not be expecting for an interview letter as you said it is usually coming from the NVC when they do the scheduling right?

Hi!

So I got an email of eligibility from USEM Manila yesterday, stated instructions on how to schedule the appointment and helpful links as well. Should I be expecting another interview letter or this is it?

Thanks