kawika69

2 hours ago, Chancy said:

 

They are right, though -- you (and your ex) can never marry again in the Philippines, if (either of) you don't complete judicial recognition of your foreign divorce in the PH.  But it doesn't matter because you don't intend to re-marry under PH law.  Like pushbrk said, your next marriage will be performed in Utah, so the unique restrictions and requirements for marrying in the PH don't apply to you.

 

That said, are you planning to apply for ROM anyway?  If so, I hope you report back here.  If you don't apply for ROM, your gf should be aware that in addition to the extra hassle with CFO, she will never be able to use her married name on her PH passport.  That won't be an issue with her immigration, though.  She'll just have to go through extra hoops if she actually wants to use her married name on her US IDs.

 

That should not be a real problem.  The cost of a name change in Hawaii is only 55 dollars. All that will be needed is our UTAH marriage certificate. Not sure if we should apply for the ROM in the Philippines...we can through the Philippines Embassy in San Francisco but that might really confuse the CFO group. I know if married in the Philippines they "REQUIRE" you to register your marriage with a certain number (?) of days.  Thanks for the input, I really appreciate it.

Mahalo, David O

18 minutes ago, pushbrk said:

Sorry, but there's still a part of your brain not awake yet.  😉  Read my lips.  You ARE NOT getting married in the Philippines.  You are getting married in Utah, via Zoom.  You do NOT need to go the any US Consulate to get any affidavit of single status.  (Actually, now, any Philippine Notary can do that for you), but YOU DON'T NEED IT, because you are NOT getting married in the Philippines and neither is the Pinay you're marrying.

Voila! You have awakened my frontal cortex!   You're absolutely right!  The Philippines is not involved in this future marriage.  Now I finally got it!  So when the time comes I just set it up with UTAH and do it!  I love it.  Mahalo for your sound advice...and thanks for awakening my brain.  I now see the light!

Mahalo again, David O

1 minute ago, pushbrk said:

Well, no.  Neither going to the Consulate or the attachment applies to you.  You are not getting married in the Philippines.  You're getting married in Utah County, Utah.

Than you very much!  Perhaps I am not brain dead after all.  But it's fortunate that my gf started asking me questions today saying that her co-workers and friends were telling her that I CAN NEVER MARRY AGAIN IN THE PHILIPPINES.  I got pretty upset, not really with her but with her friends, who are probably jealous that she met a nice foreigner and she may get out of hell.  So I busted out all the documents I have prepared for the rip-off attorney to show her.  I then read the attached document out loud to her and that's when it hit me.  I realized this applied to my ex-Fiipina wife if SHE wanted to get married again in the Philippines, not me.  Of course the zoom wedding helps because we don't have to ask the blessed Philippines permission to get married. (There is no mention of the foreigner/American) I will get the Free To Marry (Is that the CENOMAR?) I remember the first time all I had to do was go to the US Consular office in Cebu and swear out my marriage, and showing the certified divorce decree issued in the US.  They then gave me the letter saying I was free to marry.  I don't have to get PI approval because I am not getting married in the PI.

Mahalo for your help...I really appreciate it.

David O

6 hours ago, pushbrk said:

As for the attorney, what "process" was he going to help you through?

 

I don't see a problem with the CFO.  If she has not been married before, her PSA records will probably show her as unmarried.  That's not a problem either.  You are dealing with US Consular Officers and USCIS, not any Philippines government agency.

 

 

Thank you, that's what I thought after re-reading the law. But will CFO get in the way without a ROM?  I have dealt with them in the past and they can be really finicky...In the attached document it refers to the Filipino spouse, not the American/foreigner as needing to go thru this process. I know I just have to go to the US Consular office in Cebu or Manila, show them my Final Divorce decree and they will give me the free to marry letter.  I just don't see how the attached applies to me.  Do you?

5 hours ago, Chancy said:

*** Moved from IR1/CR1 Process & Procedures to the Philippine regional forum, for country-specific input ***

 

 

Since you are legally divorced in the US and you do not intend to re-marry under Philippine law, you do not need to get your divorce recognized in the PH to be able to marry your Filipina fiancee via Utah Zoom wedding.  I assume your fiancee is also legally free to marry.

 

CFO will probably be a hassle for your spouse-to-be, but not impossible.  The issue will likely be your Report of Marriage (ROM).  If you get married via online wedding, CFO will ask your spouse for ROM.  But you might not be able to complete ROM because PSA will have a record of you being married to another Filipina.  This is all speculation, of course, as no one has tried ROM in this situation before and reported back here on VJ.  I hope you let us know how it goes if you decide to push through with your plan.

 

Thanks.  That's what I thought when I re-read the law.  Just take my certified/apostiled US divorce to American consular s office to get the Free To Marry document.  Hopefully the CFO morons don't get in the way. Mahalo

Aloha,

My Pinay girlfriend/fiance is interested in coming to US (Hawaii) to attend college here on Maui Hawaii  I am not trying to cheat the system but I have a simple question.  How would she go about applying for a student visa?  Could I be her sponsor?  I know she would have to go back to Philippines eventually so when would that become a requirement?  If we married here (I know she couldn't just stay here at that point.)  Could the spousal visa or fiance visa process begin once she is here?  I would think we would get married once she is here in the US. Again, I know this is not a short-cut but she really would like to attend college here.  She is presently in her third year of college in Tacloban at university.  She is studying Early Childhood Education.  Here grades are exemplary and of course studying here where she eventually intends to teach would be advantageous to her.  Any assistance would be greatly appreciated.  And to you out there that think I am trying to somehow "cheat the system" don't waste your breath as we are not.

5 hours ago, Adventine said:

 

It looks like OP needs to do the same if they really plan to get married in the PH, then.

 

Especially important if he's also asked for a CENOMAR like mentioned above, and which I've also heard about.

I'm not sure how everyone assumed I wanted to get married in the PI again.  On the contrary I intended on a K-1 visa this time around.  But now you have peaked my interest...getting married in another country, such as Jordan?  How would that be any different?  She would still have to wait out the visa process for 1 1/2 years or more, whether in the Philippines or Jordan correct?  I guess my real question is: What is "faster" today...a K-1 or a spousal visa?

16 hours ago, Jorgedig said:

Probably greater than 18 months from filing to visa on hand.

 

If you're going anyway, why not just get married there?

If I get married there will the visa be issued sooner?  I know back when I did my last spousal visa that took considerably longer than a K-1, has that changed?

11 hours ago, SHANE (USA) said:

@kawika69 

 

Yes, because you have your final Divorce Decree, you are eligible for the K1 Fiancée Visa.

However, you can not file form I-129F with the USCIS unless you have first met her in-person within the last 24 months and you have proof of your physical meeting. 

On a side note... ...America unfortunately has turned marriage into a financial contract so protect yourself in the future with a prenuptial agreement. 

I probably don't need a pre-nup now.  I have nothing to lose.  The ex gets 2500 a month (My pension) With 3-4% increases each year) for the rest of her life once I die (I'm worth more dead than alive)  The house is being placed in a trust so it goes to our two children. The ex won't get the house unless my two kids, once they reach 25 years of age give it to her.

I never did a K-1 so I have to get back on the guides...I'm thinking we could start preparing/gathering the paperwork and have most if not all of it prepared for filing when I go to Philippines in October and we meet in person.  How long are K-1's taking these days>

Mahalo for your help, David

Okay, so 8 years ago I met a Filipina on line.  I went to the Philippines and married her.  I brought her to the US and she has since become a US citizen.  She sued me for divorce.(Coincidentally after she became entitled to my pension for the rest of her life.)  So now I met a Filipina who is an OFW and I really am falling for this girl.  Her contract expires September 29, 2021.  My question is:  Can I bring her here on a fiance visa?  Will my marriage affect my being able to apply for a fiance visa for her.  I have a final divorce decree already. One side note:  Can we start the fiance visa process before she returns to the Philippines?  My first Filipina was a spousal visa.  I want to bring my new love on a fiance visa.  Any help will be appreciated.

Mahalo,  David O