hoping11

You schedule your appointment after paying your interview fee. Which can be done anytime. Don't wait as you now have everything you need to start.

More details here http://tinyurl.com/ob9xoa8

thank you so much. which do i do first? shedule the interview then the medical?

You can go ahead and schedule it now. Philippines does not have a packet. You can just bring a printed copy of the email once you go for your interview.

Good luck

yay that's great!thank you so much!!

I am a little bit confused,I hope you can help me out.

We already received an email, stating the MNL case number. It also says I (PH citizen), can already schedule an interview appointment date. But I haven't received the hard copy of the letter yet. What should I do? Do I go ahead and schedule the interview even without the packet? What is actually included in that packet?

Thank you so much!

Correct it when you (she) fills out the DS-160.

oh okay. thank you

i hope there won't be any problems because of that. *fingers crossed*

Hello everyone!

I made a stupid mistake of writing the wrong employer of my fiance. Unfortunately for me, I realized the mistake only now (our petition is approved already and we are waiting for the letter from NVC before setting the date of the interview). Instead of putting the name of the agency, I mistakenly put the company that facilitated the background check. Now we are preparing the documents for the affidavit of support etc. What will happen? Can I just correct the mistake during the interview? oh my goodness this is embarrassing

Was your fiancée a dual citizen (filipino/american citizen) at the time of marriage to his USC ex-wife?

Did your fiancée report there marriage to Philippine Consulate General in US?

they were married here in the PH, he was fil at the time of the marriage but usc at the time of the divorce.

Dual citizenship does not matter. The Philippines Government does not care that he's a US citizen. The Philippines Government will treat him as a Filipino since he is a Philippines citizen. He will need to satisfy all the requirements for a Filipino.

i am so confused right now, honestly.hehe we consulted a lawyer from us once and told her of our case but she didnt inform us about the foreign decree. one lawyer on the other hand also from us, told us we should file for the recognition. now i am getting contradicting answers but i really do hope we can fix this asap.

If the divorced one is the USC petitioner, and they divorced in the US, then I do not see what the problem is. The USC petitioner will provide a copy of their divorce decree with the I-129F petition, as it is a requirement for both to be free to marry at the time of filing the petition. The USC petitioner does not need to get the documents needed by the foreign fiance(e) that is applying for the K-1 visa in Manila. The USC was legally divorced in the US and legally able to marry again in the US. They do not need the CENOMAR. The foreign fiance(e) does. They are applying for a visa. The USC petitioner is not in need of one. They will marry in the US, not in the Philippines.

Dual citizenship does not matter here. They are USC, and for the purposes of filing an I-129F and having their foreign fiance(e) apply for a K-1 visa, being a USC is all that matters and is required.

thank you so much.i keep searching the net for someone with a similar situation like mine but i cant find one. consulting a lawyer is expensive and i think most of them will answer i need to have the divorce recognized.

No problem with any of this in US law. You seem to be worried about Filipina law. If you want his divorced to be recognized in the Philippines, then it is a Filipina law issue. Filipina law has no effect in America and American lay has no effect in the Philippines.

Does this make sense? There are absolutely no issues under American law. The USA does nt care if the Philippines recognizes your fiance's divorce.

yes i am quite worried of the ph laws esp since i am ph citizen and he is dual citizen.

hello my fiance is a dual citizen (us and fil),he filed the divorce when he was already a USC. are we qualified for judicial recognition?

You have six months. Roughly 10 months from NOA2. And remember, you can ask for the 4 month window to be extended. From the blog post (if still current) you are not eligible to have the divorce recognized. You need an annulment. At this point you really need country specific information about whether you have a problem. Is your fiance dual Filipina-US citizen? Easiest might be to somehow renounce Filipina citizenship so the law does not apply to him.

Is adultery a crime in the Philippines ?

So in summary:

1. If US embassy does not care, you can come to USA on K-1.

2. Whether you will have a legal marriage in the Philippines is a very country specific question.

Annulment?But at the time of the divorce,they are both uscitizens?doesnt that mean that they are both qualified to initiate the divorce?

1. As the previous poster mentioned, confirm this is an issue in the Philippines.

2. The embassy has the prerogative to extend the processing window beyond 4 months.

3. You have not married yet. If the embassy approves your petition, you have 6 months to move and you have another 90 days to finish the paperwork once you are in the USA.

Did your fiance's ex initiate the divorce?

my fiance initiated the divorce. he was a us citizen at the time of the divorce. oh okay so if we get the visa approved and i have my visa packet,i still have 6months before i go to the us?

I don't think any of this matters. If it's the petitioner's divorce decree in question, then no problem. He is divorced in the US Government's eyes. It does not matter what the Philippines Government thinks of it.

we do have plans of starting the recognition but unfortunately we dont think it would end as soon as the k1 visa.i am worried that if we get married in the us,we might be charged of adultery (me) and bigamy (him) since our marriage certificate will be forwarded to the ph embassy.

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

Was he married to a non-filipina in the US? If it was a filipina, it looks like annulment is the only way to go.

We have a basic discussion on Article 26 of the Family Code (click here: Divorce and Annulment in the Philippines). Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:

1. There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

2. A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

Also - this comment

This law provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isnt it unfair that the Filipino/Filipina cant initiate divorce?

It may be unfair, but thats the law, consistent with the States policy of not allowing divorce for Filipinos. This doesnt mean, however, that the Filipino/Filipina has no other recourse. If the circumstances fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.

He was married to a USC, at the time of the divorce they were both USC.

Can you give us some more details? What type of foreign decree? How is it relevant to the K-1? Are you talking about a divorce decree?

My fiance is a dual citizen (fil and us),he got married here in the us, then got divorced 7yrs ago but was not able to process the recognition of his divorce decree in the ph. Now we already have the NOA2 but we havent had his divorce decree recognized yet.

It sounds like a divorce decree is not official. You have an approved K1, but if it is a not divorced issue, you may have to start over. If it is just a paperwork issue, you have up to 4 months before the interview to get it fixed.

what's heartbreaking is we havent even started filing the recognition of his divorce decree.

It sounds like a divorce decree is not official. You have an approved K1, but if it is a not divorced issue, you may have to start over. If it is just a paperwork issue, you have up to 4 months before the interview to get it fixed.

what's heartbreaking is we havent even started filing the recognition of his divorce decree.

I know this is sad,we just received our NOA2 but because of failure to process the recognition of foreign decree we might not have a choice but to stop the processing of the k1 visa.is it possible to apply again after we fix the recognition?do we have a big possibilty of getting denied the next time?

U need the void marriage from your marriage contract. U should bring your divorce documents in NSO so they can put notice.... VOID... i know this from this from my cousin... same situation.

--did your cousin filed for the judicial recognition of foreign decree?

He will need an official copy of his final divorce decree.

He has to be able prove that he's legally able to marry now, that his divorce is final.

-- He has his final divorce decree from US. But what worries me is he hasnt filed the judicial recognition here in the PH?

I hope someone can help me with this.

My fiance is a dual citizen (us and fil). He and his first wife (usc) got married in the PH. My fiance filed for divorce (he was us citizen already). They were granted the divorce, the xwife already married in the US.

Fast forward to 7yrs, we met and are in a relationship for 2 and a half yrs. We also have a son already. He went back to US this yr, and he already filed for K1 visa. We are now awaiting for the NOA2. Are we going to have a problem since he hasnt filed for the judicial recognition of his divorce?