Adam & May

Finally! After a year of waiting our package was mailed 2/1/2010 and arrived 2/2/2010.

May and I are both overjoyed.

Greetings Vjers!

My fiancee filled out and signed her G325A form and sent it to me via FedEx. She shared her form with me before she mailed it but I missed an obvious mistake. In her employment section she forgot to list a period of unemployment that occurred between her current job and the second one listed. Although she only has 3 jobs she used all 5 lines in the employment section due to the length of the Company name and address (see example below)

example

The question is, what now? I would like to submit our package this week. Here are the options I can think of...

Option #1

Should I use white out or correction tape on the first 2 entries, so that I can hand write her current job to make it fit in the top line and unemployed in the second line.

Option #2

I could add "Unemployed" under Job Title and the dates under Start and End dates of the second line even though the address contination is in the beginning of the second line (see below).

Option #3

I have a set of blank G325A (the previous form) that she signed on my last visit to the Philippines. There is no way I can use a PC to fill these out and will have to fill them out be hand (I did this and sometimes I had to write VERY small).

Since her forms were on the previous form (still acceptable) I reprinted mine using the old form.

Has anyone used white out or correction tape on their form?

Thanks in advance

ah ok.. parang 15 days na lang un ngaun.. kc sabi ni atty. after ng decision ko mag-iintay kami ng 15 days kc papasa pa sya sa solicitors gen., ah ok meron nga akong isang anak, boy 7yrs. old... uhmmm i see ok thank u ha.. nabanggit mo about sa social worker i'll ask about it sa atty. ko...

hmmm, May filed for Recognition of Foreign Divorce in January 2009 (she married a Japanese in the Philippines 2004, divorced in Japan 2006). There have been many cancelled and held court dates through the spring and summer. The last hearing was Sept 2009. Told to wait for judge's ruling. To date, no decision from the judge has been issued. Maybe annulments are different. We have been waiting to file our I-129F until the judgement is received.

We applied for a tourist visa in Dec 2009 (since we seemed stuck by the judge) to see if she could qualify (she owns a business and several pieces of property - we thought enough for financial ties). We knew it was a long shot (and the did tell her no). The CO told her that her Japanese divorce would be recognized by the U.S. and could have gotten married while here. He told her she was an excellent candidate for a K1 visa. She explained we were waiting for the judge's ruling before filing. He asked if we planned to marry in the Philippines, she said no. The CO Interviewer stated that if she were standing before him as a K1 Visa applicant all she needed to do is bring her Philippine Marriage Certificate and her Japanese Divorce Decree. That would be enough.

So, as soon she gets another copy of her Japanese divorce decree (a week or so) we will file our I129F. It is entirely possible by the time our packet gets to the Manila Embassy one of the 3 scenerios will exist...

1. We won't need the Recognition of Foreign Divorce as the CO stated.

2. The judge will have ruled and we will have the Recognition of Foreign Divorce.

3. The next interviewer could state we need the Recognition of Foreign Divorce and be told to wait until we have it.

Oh, sorry. Got so caught up in the sub-topic here that I forgot.

Congratulations

Checked luggage is good advice and you shouldn't have any problems. I take stuff for my fiance and her family every time I go for a visit.

It's sad that this is happening to you.

Some people fail to understand that a relationship is a 3-legged stool. The legs of the stool are LOVE, COMMUNICATION and RESPECT. Take away just one of these legs and the relationship will not stand. Each leg also supports the actions of the others.

Without Love you are more apt to say something that is hurtful or do something that doesn't respect your relationship.

Without Communication love can me abused by silence, lies and a lack of courtesy.

Without Respect for her/him your actions and a bitter tongue leads to withering love.

With all 3 present, it affects every thing you say, every thing you do and every thing you feel.

It should be enough that if his friend (even if platonic) has a negative impact on you and your relationship, he should pull back. His focus should be you. You need him more than she does. He had plenty of time to tell her he cannot be as available after you arrive.

I hope he finally wises up and sees the results of his actions.

Good Luck.

Xoom.com is a similar sservice. Maybe cheaper too.

It erased my entire $9 fee. Thanks

Although this should be a somewhat straight forward process, it isn't. There are several factors at play.

1. If the original marriage took place in the Philippines then there will be a marriage recorded in the Philippines. No matter where the subsequent foreign divorce took place there MAY be a problem going forward with a K1 Visa.

2. If the original marriage took place outside the Philippines then there will not be a marriage recorded in the Philippines. No matter where the subsequent foreign divorce took place, since the marriage did not take place in the Philippines there shouldn't be a problem witha K1 Visa.

3. I have read some posts that WHO does the filing for a divorce in a foreign country (foreign spouse or Philippine citizen) matters.

4. Three years ago, a new Philippine law made it easier for Philippine citizens, who had married a foreigner and subsequently divorced in the foreigner's country, to petition the court to get that divorce recognized (basically ammend the CENOMAR).

5. With a marriage recorded in the Philippines, without steps to get it annulled or foreign divorce recognized, there is no way that person can get married in the Philippines. That previous marriage must be cleared.

We are one year into the item 4 process and continue to wait on the ruling (no more hearings scheduled just waiting on the judge)

There is a lot of back and forth on this topic.

Here is what I do know (this is first hand, OK second hand because my fiance told me her experience on 12/10/2009)

Since we have been wating for over a year to get her foreign divorce recognized before filing our K1 (as most recommend) we decided to spend the money to see if she could qualify for a tourist visa. We were totally honest and upfront about our status and intent of it being just a visit. The CO interviewer told her no because, simply she has a USC fiance. He said she was a good candidate for K1.

She explained that we have been waiting to file our K1 because of her previous marriage in the Philippines (to a foreigner) and subsequent divorce in Japan. Since Philippine law states she is married she told the CO interviewer that she couldn't get married on a tourist visa visit in the U.S. as a AOS would result in the Philippines stating she was already married (nullifying ours). The CO interviewer told her that the U.S. recognizes Japanese divorces so she would be free to marry in the U.S.

He went on to comment that, if she has appeared before him for a K1 interview, with her Philippine Marriage document and her Japanese Divorce Decree that would have been good enough (for him).

I called the 800 number for visa assistance (listed on the USEM website, paid the $18) to get clarification. Of course, the guy couldn't say for sure what a CO interviewer would do. Nor could he answer my question regarding the rule about it (as if he implied some interviewers would say that is good enough and some wouldn't). He advised I write a letter to either email or fax to the USEM to ask my specific question. He said a fax would get faster attention than an email (due to the sheer volume of email they receive). I faxed it on 12/17 - no word yet.

After discussing it with my fiance, we decided that we will be filing our K1 Visa application with the documents we have in January.

South Bend here. She is still in the Philippines.

But she does have final divorce documents from Japan. She has filed to have those documents recognized in the Philippines (the Philippines don't have divorce and all foreign divorces must be legally recognized in order to get remarried in the Philippines. We plan on marrying in the US) That was the point of the consulate officer was trying to tell her. Just bring your marital record, divorce decree from Japan & since you are marrying in the US that is all you need.

Thanks for eveyones input.

uhmmm b4 her interview... but if u will file a k1 petition for her the petition will be approve though she is still married here... but on the interview the CO might learn she is still married here...

Sorry but that is just not the case. You must prove at petition time that both parties are free to marry.

We had applied for a tourist visa (since we are still waiting the judge to rule on her "Recognition of Foreign Divorce" case. They denied her but the interviewing officer told her all she needed to do was bring in her Philippine Marriage Certificate and her Japanese Divorce decree and she would be "good".

If there is a requirement to have her Japanese Divorce legally accepted why would the consulate interviewer tell her that? I saw someone post in another of my posts

There are three possible result of her K1 interview if you filed for K1 prior to her getting an annotation on her marriage certificate:

1. Immediate Approval: If she will be interviewed by a CO that would accept her Japan divorce paper even though her CENOMAR indicates that she is married.

2. White Slip: If the CO requires her that she should have her marriage certificate annotated of her Japan divorce

3. Denial: If the CO would stick with the CENOMAR requirement. CENOMAR would indicate that she is married. If she is married with someone else, she is not qualified for K1 petition

Approval depends on the CO. If the person who interviewed her on he tourist visa is the same person who would interview her in your K1 petition, then you have no problem. But nobody knows who would be the CO for your K1 interview. It could be someone else.

Shouldn't they all be using the same guidelines?

My fiance lives in the Philippines where there is no divorce. We are in the process of getting a divorce to a Japanese citizen obtained in Japan in 2006 to be recognized in the Philippines (she was married in the Philippines and have petitioned the court to recognize the Japan Divorce of 2006 to amend her marital status).

We started this in Oct 2008, refiled in Family court in Jan 2009. After many delays and hearing (the last in Sept 2009) we are simply waiting for the judge's ruling. Her lawyer states the delay is due to the number of cases ahead of us. So we wait.

Here is my question....

When, during the whole K1 Visa process, is the marital status of both parties checked? She has her divorce documents from Japan.

I was thinking that IF this won't be a problem until the US Embassy (Manila) interview, we could submit our I-129 now to get the 4 month processing done then just wait to schedule her interview until we are sure the judge has ruled.

Any comments or assistance is appreciated.

Thanks

It seems like this is the process we are doing. Filed in October 2008, refiled in Family Court Jan 2009. May confirmed that this is toward the Judicial Recognition of Foreign Divorce.

After jumping through several hoops like hearing postponements, running out of session time and many requests for additional requirements (only being revealed one at a time when the privious requirement is completed) the last hearing was September 2009. All we are doing now is waiting for the judge to make a ruling. Her lawyer keeps telling us (speculation) there are many cases ahead of us and that is why it is taking so long. We have asked him to try to find out how many more cases are ahead of us.

With what the Consult Interviewer told her today...

she wants to file our K1 petition now.

Thanks for the responses so far (keep them coming).

How does one go about getting their Philippine Marriage Contract annotated with a foreign divorce? What is involved?

How is it documented on a Japanese Divorce who is the initiator?

Also, has anyone else been in this situation and was able to get a K1 approved without getting the Philippine marriage terminated?

May had an appoint for a tourist visa at the USEM today. They told her no.

The interviewer said" She is not qualified for a US tourist visa because she as a US citizen fiance.You did not establish your social family and econmic ties outside the U.S. are sufficient to overcome the presumtion of immigrant intent. "

She explained that although she was divorced in Japan in 2006 she is still listed as married per Philippine Law and therefore couldn't get married in the US.

Her interviewer said "That is silly. Since divorce is accepted in the US and you have a valid divorce on record you could get married in the US."

She asked, "What if we submit or K1 Visa application and the US embassy discovers that I still I am still legally married in the Philippines?"

He said, "All you have to do is submit your Philippine marriage certificate and your Japanese Divorce Certificate and you're done."

So, how about it VJers? Are there any other couples with a fiance from the Philippines who was previously married, the ceremony took place in the Philippines then ended up geting divorced years later in the foreigner's country?

Since you had a valid divorce decree, did you also go through the legal process to terminate that marriage in the Philippines prior to submitting your K1 visa application or did you simply present your Philippine Marriage Certificate and your foreign divorce papers at the K1 Visa Interview at USEM (and it was accepted)? Has anyone experience what the Interviewer said?

We would love to hear from you.

Thanks

They did not issue her a tourist visa.

The interviewer said" She is not qualified for a US tourist visa because she as a US citizen fiance.You did not establish your social family and econmic ties outside the U.S. are sufficient to overcome the presumtion of immigrant intent. "

She explained that although she was divorced in Japan in 2006 she is still listed as married per Philippine Law.

Her interviewer said "That is silly. Since divorce is accepted in the US and you have a valid divorce on record you could get married in the US."

She asked, "What if we submit or K1 Visa application and the US embassy discovers that I still I am still legally married in the Philippines?"

He said, "All you have to do is submit your Philippine marriage certificate and your Japanese Divorce Certificate and you're done."

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I will post in this question in a new topic.

We thought so. Who knows, since we seem to be held up by this legal process maybe it will work in our favor for a toursit visa. Fingers crossed!

Since May is still waiting on the marriage termination ruling (over 8 weeks now, with the whole process being over 16 months) we decided to see if she can qualify for a U.S. Tourist Visa. Her interview is 12 hours from now.

We believe she meets the requirements for strongs ties (she owns her own home, other property, a business, etc.) Of course, the fact that she has a U.S. fiance will be an issue for them but I hope they understand that we are not trying to circumvent the K1 visa process. When the day comes that her previous marriage is terminated in the Philippines we will be more than happy to submit our K1 visa application. They shouldn't fear her coming here to get married then file an AOS because even though she was divorced in Japan in 2006, when she did that marriage it was in the Philippines and the Philippine government still considers her married. Therefore, she can't get married here as it would not be valid.

We know the odds but felt doing something that was within our control was better than feeling victimized by a process we have no control over. If she is approved we hope to spend at least 2 months together.

Prayers and best wishes are appreciated.

Thanks VJers

Adam & May

Hello all,

Thank you for your responses to my last post "Tourist Visa While Waiting to Apply for K1 Visa".

We are going to apply for a tourist visa so she can visit me since her marriage termination is still bogged down in court.

Of course, we will be honest on the forms (not trying to hide anything). We are hoping the interviewer will listen and be able to understand that since she is still married according to the Philippine government, she can't come here, get married then try to stay. She will bring a form from the NSO showing her "married" status even though she was divorced in Japan in 2006.

Anyway, since this is the approach we are going to take how should we be answering questions 17, 18 and 19.

Should we report the "divorce' status from Japan or her marital status in the Philippines?

Thanks

Adam & May

Thank you for all of the advice and sharing your personal experiences.

Remember, she is in the process of terminating her marriage from her Japanese husband (they divorced in Japan 2006). Therefore, it is pointless for us to get married in the US on that trip. Even the K3 visa process will check on her marital status in the Philippines. When they see she is still married according to Philippine law any US marriage will become null and void.

We may or may not be approved but we plan on being honest during the interview. She also has some family and friends in the U.S. as well.

Here is our situation...

I have visited May in the Philippines 3 times (2 weeks each in Aug 2008/Apr 2009 and for the month of Oct 2009). We are still trying to get her previous marriage to a Japanese citizen (divorced in Japan 2006) terminated in the Philippines. There are no more court hearings scheduled, we are just waiting on the ruling which her lawyer guestimates to be near the end of 2009. We thought we would be together by now butthe courts move slow.

May is fortunate. She owns her own modern home, several dozen hectors of farm land in her home province and a business in Mandaluyong City.

We would really like to spend the holidays togther but I cannot make another trip there this year.

Since it seems we will not even be able to apply for her K1 Visa until the beginning of 2010 (if the court issues it's decision by the end of December) the only option is to see if she can get a tourist visa.

She has the funds, real estate and a business interests that I would think would make her a good candidate to get a tourist visa as she has assets there to protect.

I have 2 questions...

Do you know how long the process is to obtain a tourist visa?

Has anyone here been in a similar situation or has anyone been successful in getting their lady to visit the U.S. with a different visa before applying via a K1 Visa?

Thanks

Adam

My job offers me a certain flexibility to not be in the office all the time. All I need is an internet connection and I can do my job.

I was thinking about going to the Philippines for a few months to help my fiance get ready to move to the U.S. once we are approved. I could support her during her embassy interview, getting her all of her things in order, etc., ect., ect.

At what point in the process do you think it is "safe" to pack up and go to her country? After the NOA2 has been received and her embassy interview scheduled? Wht is the last thing I need and should look for here that tells me it is safe to go and be there for her?

Any thoughts would be greatly appreciated.

Thanks

Adam