ForumTitleContentMemberSexCountryDate/Time
PhilippinesMarriage is breaking apart

1.I'm always scared to file a Divorce before my Naturalization.

2.I can't stay anymore and looking myself being miserable about our situation(breaking my heart).

Then it sounds like you need to leave now.

The negatives of leaving now (have to wait 2 more years to Naturalize and Philippines won't recognize the divorce if you are the petitioner) are not worth the damage that is being done to you...

If you're not financially independent and don't have local friends who can help you then I would suggest you reach out to your local Catholic Church, they can get you in touch with Catholic Social Services/Charities who can assist you with the divorce and rebuilding your life.
Bob 4 AnnaMalePhilippines2012-03-28 13:37:00
PhilippinesMarriage is breaking apart

The short answer...if you initiate the divorce (or...dissolution of marriage)...PI will not recognize the divorce. The PI citizen must be the "respondent" in order for PI to recognize and allow you to marry.. again..In PI.

@ ~RedVelvet~

Everything Crashed has said is spot on.

I would like to elaborate on what I quoted from his post...

The ability to marry again in the Philippines is really the only downside to you leaving him and filing for divorce now. I would operate on the assumption that your husband is happy with how things are and won't file for divorce so it would be left on your to do. He might even have hopes that you won't because the Philippines wont' recognize the divorce if you file it. Working on this assumption you have two options:

1) Leave him and file for divorce yourself. If you want to be acknowledged as single in the Philippines then you can spend the money to file for Annulment in the Philippines.

2) Wait it out to leave him after you've naturalized.

Honestly I would never recommend someone to stay in a situation like you've described just to save a bit of time & money.


BTW, I returned this thread to The Philippines Regional SubForum as the OP is Filipino and originally posted it here so the assumption is that she's looking for input from other Fil/AM couples.


FWIW, whoever moved this thread from the PH forum didn't leave a redirect in the original forum or a note in the thread about why they moved it.

Edited by Bob 4 Anna, 28 March 2012 - 10:59 AM.

Bob 4 AnnaMalePhilippines2012-03-28 10:54:00
PhilippinesCRBA and Passport for baby

Yes the visa validity is tied to the medical. Too many postings on this forum to not know this one.

Hank & Amy is 100% correct on this...

The Visa can have a maximum expiration date of 6 months or the expiration of the Medical which ever is sooner.


Bob 4 AnnaMalePhilippines2012-04-03 09:15:00
PhilippinesA Question for K-1 from 2009

I would think the criminal issue would be answered by the NBI which I would believe is why the embassy requires one.

Yeah,

Well in our situation we're going to get a Filipino LPR charged with falsifying Official Government Documents in the Philippines. It happened before they immigrated to the US and we were wondering how it might impact their immigration benefits.

I guess we'll just forward the records to ICE once the case has run it's course. Maybe we can affect their naturalization. This will surely impact their ability to return home.
Bob 4 AnnaMalePhilippines2012-04-12 07:20:00
PhilippinesA Question for K-1 from 2009
Thanks for that, unfortunately it doesn't ask the question I had hoped it does.

Well that's okay...
Bob 4 AnnaMalePhilippines2012-04-11 12:18:00
PhilippinesA Question for K-1 from 2009
I know the forms used have changed since the first half of 2009 so I need to ask someone who immigrated from the Philippines on a K-1 that was approved Between January and June 2009.

What I need to know is if there are any questions on the Visa Application regarding the Beneficiaries Criminal Past, specifically if they are asked if they have committed a crime for which they were not caught/charged etc.

I know this question is on the N-400 for Naturalization (Part 10, Sec D, Q 15) but I need to know if it is asked before then.
Bob 4 AnnaMalePhilippines2012-04-11 10:49:00
PhilippinesAdoption/petition niece frm philippines!!!!!

you stated that adopting a non-orphan relative for immigration purposes was "illegal." That is not a statement of a "greater truth" or "general rule of thumb", it's a statement that implies that there is some law somewhere that prevents this from happening. I know you probably think I'm harping too much on this, but I just don't want people to get the impression that it's not possible to adopt a non-orphan relative from the Philippines. It absolutely is, as long as the child in question is not close to age 16.

If you remove the :for immigration purposes" then I'd agree with you wholeheartedly but that is what it is.

The presumption is that a US Citizen simply isn't going to move the Philippines for over 2 years just to help their spouse skirt US Immigration Laws. and in reality you very rarely hear of this happening. It is an awful lot to go through just to help immigrate someone.

So in summary, Yes is is illegal (and specifically a violation of INA) to adopt a non-orphan related child to bestow immigration benefits on them.

If someone does actually move to their home country and adopt the child there, meeting residency requirements etc then the presumption of adoption for immigration benefits is removed from the equation.

So my statement stands, your situation is simply proof that INA allows for there being circumstances where such an adoption may happen and then later the whole family might decide to move to the US.
Bob 4 AnnaMalePhilippines2012-03-12 08:26:00
PhilippinesAdoption/petition niece frm philippines!!!!!

"Second, adoption of a non-orphan relative for immigration purposes is illegal."

I have to take issue with this statement. My wife and I adopted her non-orphan relative and our I-130 petition was just approved last month. In fact, yesterday the child just completed her medical at St Luke's. Her final appointment is scheduled for March 19.

Our situation is different, of course. The child we adopted is now only 9 years old. I actually moved to and lived in the Philippines for 3 years to satisfy Philippine law, we then adopted the child in local Philippine court (this completed August 2011). After getting her updated birth certificate and passport, we filed the I-130 on November 28. The approval letter arrived Feb 12. Oh, and while we were living here, we gained legal guardianship through the local court to satisfy the U.S. requirement that you must live outside the U.S. and have legal custody of the child for at least 2 years to qualify for an immigrant visa.

So I'm not sure where in the law it says adopting a non-orphan relative for immigration purposes is illegal, but we did it, and they approved it. We do have one more step-final interview, but assuming they approve her (and I have no reason to think she wont be), then we'll have done what is stated here is illegal.


Of course there are always limited circumstances where the "greater truth" doesn't hold but in general my statement still stands. Your situation is not the same as the OP's by a long shot.
Bob 4 AnnaMalePhilippines2012-03-08 10:07:00
PhilippinesAdoption/petition niece frm philippines!!!!!

her niece parents s willing to terminate their legal custody because they are both sick and cant take care of their child.

First, the adoption should happen before the child turns 16, there is one exception to this and that is if a younger sibling is also being adopted and the child is under 18.

Second, adoption of a non-orphan relative for immigration purposes is illegal.

No lawyer in the world can overcome these two issues.

As others have said, the money she is willing to spend will go a very long way in the Philippines like putting her into the best school until she graduates and paying for her daily needs. Then maybe she can come here on a Student Visa for college which can open the door for her to immigrate later.

Edited by Bob 4 Anna, 06 March 2012 - 11:48 AM.

Bob 4 AnnaMalePhilippines2012-03-06 11:48:00
PhilippinesFilipina

Sadly, one thing I've seen on here many times is where the older American feels the need to "teach" the younger Filipina a lesson, and these lessons are usually demeaning and humilating. Very seldom do we hear where the American man learns anything from his partner.

I'll confess that, because of my marriage, I've learned to be a better person; I try to be more polite and understanding. And definitely, because of my wife, I am now closer to the rest of my family.

Of the two of us, she is by far the better person. :thumbs:


I have told my wife many times that I'm a better person because I have her in my life.

Real lessons are taught without humiliating the person. It's really a 2 way thing and there is no room for ego, Anna is still working on that with me (as in I am trying to make that adjustment in myself).

I envy how close she is to her extended family (is there anyone on Luzon she isn't related to?) and she has helped to foster closer relationships within my family here.
Bob 4 AnnaMalePhilippines2012-04-04 16:10:00
PhilippinesFilipina

Thank you for re-opening this thread. :thumbs:


I second that thank you.

I trust we have enough responsible members in the Philippine sub-forum that any out-of-line posts will be promptly reported.
Bob 4 AnnaMalePhilippines2012-04-04 15:51:00
PhilippinesFilipina
Maybe we can also mention some of the things we see common in the Fil/Am relationships we see working on VJ?

A common trait I'd point out is that the older partner doesn't:

1) Take the other for granted, dismissing them simply because of age.

2) Doesn't Treat their partner like a child but does offer guidance where needed (always respectfully).

3) Has taken the time to discuss expectations of both parties, making adjustments based in reality.

4) Understands that Spouse/Partner etc means equals working together toward a common goal.

Please feel free to add to the list.

Edited by Bob 4 Anna, 04 April 2012 - 04:07 PM.

Bob 4 AnnaMalePhilippines2012-04-04 15:22:00
PhilippinesFilipina
Great post Crashed...

My Wife is exactly that and she just happens to be from the Philippines. I've had a hard time with some of the posts discussing Filipinas as they're children. The patterns almost always is something like:

Older white guy with a failed marriage or 3 hunts a child bride in the Philippines (usually because he believes he can control her or something like that).

He treats her like a spoiled child through-out the K-1 process and throws every extra cent he can scrape together at her.

Once she arrives in the US he either expects her to instantly be the perfect wife and shed the childish mannerisms that he had previously encouraged or he gets upset because she expresses an opinion of her own.

When things fall apart it's because she scammed him!

I'll admit my wife is 27 and I'm 42. I'll admit that she has at times acted immature. But I've never treated her like a child and I've always expected her to be my partner in our marriage and life together.

I do think at least one of the persons here using the term "Filipina Unit" does it tongue in cheek and that doesn't offend me.

Edited by Bob 4 Anna, 04 April 2012 - 03:15 PM.

Bob 4 AnnaMalePhilippines2012-04-04 07:46:00
PhilippinesHELP!!!!!

I dont have any more experiance in Manila than you do in Thailand.

Which is exactly why you don't see me telling people here how difficult BKK is or commenting on specifics of BKK processing, therein lies the difference between you & I.

You dont have any direct K 1 experiance in Manila either. You do have some people you know that got K 1 s in Manila. So does my husband.

Ok, so my K-1 experience in Manila is second-hand, I agree but I do have first-hand experience with Manila Embassy in general and can say that the experiences of both K-1 and CR/IR cases as reported here are in-line with what I would expect based on my own personal experience with that embassy, can you say the same.

Manila like BKK is a high fraud embassy. That of course means cases are reviewed differently than other embassies not having that distiction. That means its more difficult to me.

Your statement makes it sound like all "High Fraud" embassies are equal. I would say that most MENA embassies and Vietnam are at the top of the difficult list with China approaching them but BKK and Manila (while considered High Fraud) don't approach even the level of China. Of course that is based only on over 3 years of reading on VJ and comparing writen accounts from the other countries/regions with our experiences with Manila.

What exactly are the "very specifc ways" they differ?

I'm not familiar enough with BKK to list differences between BKK and MNL but here are some things that are generally considered unique to the Philippines (or at least different from most embassy norms):

1. Using Remittance Receipts for proof of on-going relationship in K-1 cases.
2. Annulled beneficiaries having to undergo Psychological Eval as part of the medical.
3. K-1 beneficiaries required to present CENOMAR and CR/IR-1 beneficiaries required to present CEMAR.
4. CR/IR-2 & K-2/K-4 childred born to unwed mothers not needing parental consent from the biological father even if he signed the acknowledgement of paternity on the birth certificate.
5. Filipino Citizen's foreign divorce only being recognized by Philippine Government in VERY LIMITED circumstances. This doesn't cause Visa issuance problems but does prevent CFO Exit Clearance.
6. CFO Exit Clearance is required for everyone leaving the country. Again not really an issue at the embassy but warrants being listed because without it the Visa is worthless.


I didnt say people would be denied. I said the process can be more difficult. How they fare is a product of the facts surrounding their case & how they are presented along with the discression of the officer.

I never said you stated there was a high rate of denial, here is what I said regarding your claim of MNL being more difficult:

Contrary to your claim what you generally see is Filipino Fiancees worrying too much about tiny little things that won't matter or even be looked at when they have their interview. Usually when there is a denial (very small percentage of immigrant visas) then there are very obvious issues with the case.


You indicate the OP cant succeed. In this I agree with you. Other say he can. So again we have different views. We can see that some of those views come from people with direct USEM (that would be US Embassy in Manila) experiance.

Not to be rude but if you think people in this thread have given the OP any real hope of succeeding then we also have different levels of reading comprehension. Aside from the one whack-ball suggestion (I say that hoping the poster wrote it tongue-in-cheek) about AWOL the most anyone has said is to ask the military hotline. Otherwise everyone is pretty much in agreement that what the OP's Kano wants to do won't work.

FWIW, the OP's Kano's idea of getting a waiver for the meeting in person within the last 2 years has nothing to do with MNL, their case won't get that far without the meeting as the I-129F will never be approved which means there is nothing to pass on for consular processing.

Edited by Bob 4 Anna, 20 April 2012 - 04:35 PM.

Bob 4 AnnaMalePhilippines2012-04-20 13:23:00
PhilippinesHELP!!!!!

You have a different view than I do. We see from the responces there are different opinions about the O Ps question. You didnt offer info on the subject. What do you think they should do?
I have seen many questions here on V J about being granted a K 1 in the P I. Few are easy. Many have problems. All of them post questions here on VJ or we wouldnt know they needed help. From what I have seen it can be difficult.

Not a "different view" but actual experience at the Embassy in question for 3 CR/IR Visas (1 each CR-1, CR-2 & IR-2) and several friends that did K-1 through USEM (that would be US Embassy in Manila).

I would guess that you went through the Embassy in Thailand, what is your personal experience in Manila because Manila is very different from any other Embassy but in very specific ways and for being considered a High Fraud Embassy it really is relatively easy as long as your paperwork checks out. Contrary to your claim what you generally see is Filipino Fiancees worrying too much about tiny little things that won't matter or even be looked at when they have their interview. Usually when there is a denial (very small percentage of immigrant visas) then there are very obvious issues with the case.

As for the OP here, simply being in the military won't get him out of the meeting in person requirement.
Bob 4 AnnaMalePhilippines2012-04-18 19:25:00
PhilippinesHELP!!!!!

Its hard enough to qualify in the P I anyway.

Please don't spread such misinformation. Qualifying for K-1 or CR/IR-1 Visa is not difficult in the Philippines... Tourist Visas are difficult in the Philippines though.

Edited by Bob 4 Anna, 17 April 2012 - 11:00 PM.

Bob 4 AnnaMalePhilippines2012-04-17 23:00:00
PhilippinesHow much do you send to your wife's family monthly ?
We regularly send exactly ZERO DOLLARS!

My Mother-in-law is getting by just like she did before Anna even met me and my brother-in-law and his wife both work.

We don't respond to emergencies and they have stopped asking.

Anna still has a great relationship with her family.

We are paying for her younger half-brother to go to a tech school for mechanic training but that's it.

We do send about 2 BB Boxes each year.
Bob 4 AnnaMalePhilippines2012-04-24 11:20:00
Philippinesk1 denied

I had my interview today and it was really devastating. The application was denied due to no evidence of ongoing relationship. I have showed the CO phone bills, itinerary, letters, emails,chat logs and pictures. She kept on asking me, "Anything else you can show me to prove your ongoing relationship?". She didn't even want to take the chat summary. I just told her that's all I have. She gave me back the original documents and kept the photocopies. I asked if we can appeal, she said "No appeal, other option is you get married." Just like that.

I notice this statement haunts me: phone bills, itinerary, letters, emails,chat logs and pictures. She kept on asking me, "Anything else you can show me to prove your ongoing relationship?".
What I don't see mentioned are: airline bills, airline boarding passes, airline baggage tags, hotel bills, restaurant bills, tangible evidence of meeting in person. This is what the CO was looking for. These have to be original and not photocopies. I suspect this lack of evidence at the interview caused the denial. There was a mountain of evidence, but airline boarding passes and hotel receipts are liquid gold (or platinum) in this process. You can answer everything right, have everything right. But missing those key pieces can cause issues.

Lack of evidence of meeting in person then, and not that they did not have a valid relationship? Could be that is where she got caught.

I really doubt the denial was because the CO doesn't believe they met within the last 2 years. That meeting was proven well enough for the I-129f to be approved. In order for the CO to discount that they would need new evidence not available to USCIS at the time the I-129f petition was approved.

I would agree with the thought that the CO was hoping to see remittance receipts.

I would also agree that not every K-1 Beneficiary is asked for this.

My guess would be that the CO had their doubts about the relationship and was looking for something that was a concrete demonstration of commitment from the USC to the beneficiary.

@ilovejustin, how did you meet justin? Is he a Kano or Filipino? There must be something that put the CO on alert. Only one meeting in person isn't usually an issue in the Philippines. Do you have any "immigration history", previous petition filed for you, previous Visa denial, anything?
Bob 4 AnnaMalePhilippines2012-04-11 15:57:00
PhilippinesGuam POE
Since she's coming into O'Hare why are you having her hop through 2 other US airports?

MNL - Soul (Korea) or MNL - Hong Kong are pretty easy connections with good food courts and internet but best of all they put her POE at O'Hare. Fewer connections also means less time in transit and less chance of something getting delayed or going wrong on the ground.
Bob 4 AnnaMalePhilippines2012-04-14 10:51:00
PhilippinesMy wife wants to bring her mother over.

To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen's:

Spouse
Unmarried child under the age of 21
Parent (if the U.S. citizen is over the age of 21)

Immediate relatives have special immigration priority and do not have to wait in line for a visa number to become available for them to immigrate because there are an unlimited number of visas for their particular categories.

Don't read that to mean "an unmarried child under the age of 21 who is an immediate relative of a US Citizen"...

Read it to mean this: "Immediate Relatives of US Citizen for Immigration purposes means: Spouse of US Citizen, Unmarried Child of US Citizen under the age of 21 or Parent of US Citizen", a little distinction that makes a big difference.

One downside of the IR (Immediate Relative) category is that there are no derivative beneficiaries so each indented immigrant must have their own I-130 Petition which requires a Petition-able Relationship. This means that while the Parent would be in the IR category unfortunately the siblings of the US Citizen would be in the Family Preference Categories which have long waits.


Bob 4 AnnaMalePhilippines2012-05-02 16:55:00
PhilippinesMy wife wants to bring her mother over.

And I believe she will have a 10 year Green Card so she could come back to visit any time if she wanted to.


Doesn't quite work that way... If she spends more time out of the US than in she can lose her residency. Also any absence over 1 year without a Reentry Permit will be considered as her abandoning it.

Once she wants to move back she should surrender her Greencard to the Embassy in Manila and apply for a B Visa, having surrendered the coveted GC is a clear indication that she has no immigrant intent will give her a very high chance of getting a 10 year multiple entry B Visa.
Bob 4 AnnaMalePhilippines2012-05-01 22:26:00
PhilippinesHow TO REPORT Corruption at St Luke's?

Yes has everything.. Just never was given any vaccinations. They refused to give her vaccinations even though we paid for them. They seem to be doing to girls from the province who they think can't afford to fly back telling them to get them in the USA or in their province. When she went back to st lukes the nurse refused to give her the vaccinations telling her just get them in USA. They just want to collect the money but not give the shots to girls they feel they can intimidate.

Umm, you do realize that you don't "Pay for vaccinations at St Lukes", right? Everyone pays the same fees and unless there is a reason they can't give the shots (like pregnancy, not age appropriate or too soon since initial dose) all appropriate shots will be given.

If she already has her Visa then stop bothering with St Lukes, get the CFO sticker and get on the plane...
Bob 4 AnnaMalePhilippines2012-02-27 12:00:00
PhilippinesHow TO REPORT Corruption at St Luke's?
Um, yeah... If you have the Visa already then you are done with St Lukes.

Why is she trying to go back? Tell her to just get on the plane and come to the US.
Bob 4 AnnaMalePhilippines2012-02-15 19:52:00
PhilippinesNeed filipina Advice

Paul's not posted in this topic, since post #1 ?

But he's logged in last on the 15th.

Anyone worried that Paul's been abducted by aliens?

I'm more worried that Junior's eaten Paul's brain and he now thinks being in a relationship with a spoiled child is an okay thing for a grown man...
Bob 4 AnnaMalePhilippines2012-03-20 10:25:00
PhilippinesNeed filipina Advice
Wasn't this the Pinay who couldn't seem to get any of the things she needed for the process herself? Don't I remember the OP having that issue?

At that time a few commented how regardless of how deep in the sticks she's from Filipinos are generally very resourceful and don't have a problem figuring these things out if it's what they really want.

The sleeping a lot and bad mood can be part of the adjustment process, depression at being so far from her family but it could be more.

What if she was intentionally dragging her feet while still in the Philippines, maybe she felt obligated to the OP because he "helped her family a lot" but in truth her heart just wasn't into it.

I doubt it would be the first time this has happened in such a relationship...
Bob 4 AnnaMalePhilippines2012-03-09 16:29:00
PhilippinesThanks for All ur prayers for Angel
Moved from US Citizenship Genreal Discussion as it's not related to filing for citizenship.
Bob 4 AnnaMalePhilippines2012-05-07 15:09:00
PhilippinesAny N-600 filers? US Citizenship for my Filipina Stepdaughter
You never said if the step-daughter is also in the US as a LPR.

If she is then once your wife has her naturalization certificate simply use that and her birth certificate to get your step-daughter a US Passport as that is proof of Citizenship.

If the child isn't in the US then you need to immigrate her to the US with an IR-2 Visa and do as I already said.
Bob 4 AnnaMalePhilippines2012-04-14 10:55:00
PhilippinesShe's doing it again.

Darnell already said basically that an hour before you posted.

I was just amazed that this thread is still alive. In my first reply here I had started by saying I'm not convinced it's legit, when I came back today I didn't bother reading every reply...
Bob 4 AnnaMalePhilippines2012-05-06 14:20:00
PhilippinesShe's doing it again.

You guys have been had!

Look at the OP's profile,

Last activity was just 25 minutes after they posted this thread!


Bob 4 AnnaMalePhilippines2012-05-06 11:27:00
PhilippinesShe's doing it again.

the Op's post is what you would describe as playful and cute? :wacko: wake up and smell the roses.

Would you really expect anything less from Jrmelia?
Bob 4 AnnaMalePhilippines2012-04-03 12:32:00
PhilippinesShe's doing it again.
I'm not really convinced that the OP wasn't an April Fools Day joke...

If ti is legit then all I can say is that I'm never surprised when I read a post where a Kano doesn't seem to understand that marrying a young girl from the Philippines and then treating her like a child who can't do anything for herself lands him in a situation like this.

Sadly it's a theme that's repeated time and again in the PH sub-forum.

I've learned from 20 years of raising kids that if you fail to set expectations for the people in your life then you have no business being disappointed when they fail to exceed your expectations.

If you want a strong & independent wife then expect that of her. She wants her own car, fine she's working why cant' she save-up for it (with some help from you of course). She should also be able to contribute for her vehicle insurance. If everything is yours then she'll never appreciate it.

When I see children misbehaving I always look to the parents for failing to properly manage and guide those kids.
Bob 4 AnnaMalePhilippines2012-04-02 12:37:00
Philippinespsychiatric test st. luke's

A reminder to all girls during entire process especially during CFO. Do not just volunteer information and information they are not asking for or not necessary. Even though well intention, this may confuse both parties and cause unneeded tension and raise more questions They will ask many questions about your relationship. Anne know much about me and she was asked about if I have been to college. She said yes. she frantically started texting me asking me where I went to school and other questions. I was just around block waiting. The problem is I have some college and other training at various places. I explained to her quickly my schooling and not to just volunteer info they dont need. These counseling sessions may try to get the girl to talk and see if there is any red flags or problems or risks. Some of it may be well intended and hopes it protects some girls from the bad, but just be careful.

You are comparing Apples to Oranges my friend...

History of Drug Use is a specific question for the medical exam.

Otherwise you are correct that there is no point in handing out extra info when answering questions.


Bob 4 AnnaMalePhilippines2012-04-10 11:06:00
PhilippinesNBI Hit
Moved from "K-1 Fiance(e) Visa Process & Procedures" as you'll get more specific attention in the regional forum.
Bob 4 AnnaMalePhilippines2012-05-11 15:17:00
Philippinesi need an expert advice

How can you still be married to a dead person?


My mistake, this is the first time the Ex has been deceased but not the first time someone in the Philippines has had a foreign divorce that hasn't (or can't be) recognized by the Philippine Gov't. She still shouldn't be claiming to be his widow when they were divorced prior to his passing.

It does sound like there is new info on CFO requirements though so it would be nice to hear from anyone else who secured exit clearance from CFO without having their foreign divorce recognized.
Bob 4 AnnaMalePhilippines2012-05-16 08:00:00
Philippinesi need an expert advice

They asked for my divorce decree.i had it photocopied, but they also took the authenticated one, with the seal from the state. and oddly, parent's advice eventhough I am already 25 years old. there were other ladies who had the same situation as well and never actually filed a court case.


Which CFO location did you use?

I'm asking because all previous reports about CFO and foreign divorces had them requiring an amended CEMAR or proof of Judicial Recognition of the Divorce. It would be good news for many if they have changed their policy.
Bob 4 AnnaMalePhilippines2012-05-15 00:08:00
Philippinesi need an expert advice

So my interview came, and I only had my divorce decree as a proof of my terminated marriage, and I brought my finality and court decision from the court, just in case. I am relieved that they honor my divorce decree, for I have no idea on when will my case be finally granted. I am set to leave in 2 weeks. :)

Although, the recognition process is not really needed during the interview, it was a wise move for me to have filed the case, for I would want to report my marriage at the consulate in the future. I just hope they will finally grant it. someday maybe.


Yahm,

You are aware of the CFO requirement for Exit Clearance, right? How to you plan to secure that if you're still legally married to your ex-husband in the Philippines?

It is generally agreed that the US Embassy will issue a K-1 Visa to a Filipino who is divorced even if that divorce isn't recognized by the Philippine Government as the US Government recognizes the divorce, the problem is getting CFO Exit Clearance which is required to clear Philippine Immigration in order to leave the Philippines.
Bob 4 AnnaMalePhilippines2012-05-14 11:01:00
Philippinesi need an expert advice

Take it easy Bob 4 Anna.....we are here to help. We do not judge. She is not intentionally persuing any fraudulant activity. The 2 countries have contradicting laws. She is just trying to figure it out....If you dont have any patients or humanity...then please do not reply.


Thomas, maybe you need to understand the magnitude of the situation. If she claims to be a Widow then she is misrepresenting a material fact to USCIS/DOS which is grounds for a lifetime ban.

I am not judging her, I am attempting to be helpful by steering her away from such a bad choice.

FWIW, the laws of the two countries differ but they don't really contradict each other.

If she does as both myself and Venessa&Tony have said REPEATEDLY then she won't have any problems but if she continues to entertain the False Claim of Widow she can end up costing her and her guy a lot of time & money while jeopardizing their future together.

I fail to see a lack of patience (note the spelling as I'd need to be a medical professional to have patients) or humanity in my posts when they are attempting to prevent her from following a destructive path. I have not accused her of being a scammer or someone who would willingly commit fraud.
Bob 4 AnnaMalePhilippines2012-05-06 16:28:00
Philippinesi need an expert advice

if i claim widowed in NSO do they need death cert of my ex? since if its stated as widowed or they will just rely on NSO? ive heard some filipina granted by k-1 visa using divorce paper but no prob with CFO
this is tough :)


IF YOU CLAIM WIDOWED YOU"RE COMMITTING FRAUD.

The reason others could get CFO Clearance with a divorce is because they filed for Judicial Recognition of the Foreign Divorce and it was granted so they were once again free to marry in the Philippines.
Bob 4 AnnaMalePhilippines2012-05-06 16:09:00
Philippinesi need an expert advice

some people says keep the death cert and use the divorce decree instead
but do i need to have it recognized in the philippines if the plan is to marry in US?


Yes...

The death certificate is nothing for you.

If you file now claiming to be a widow (which you are not) then at anytime (even after naturalization if you choose to) USCIS could become aware of your divorce and charge you with Material Misrepresentation which would get you deported and banned.

You need the Philippines to acknowledge the divorce so that the CFO will issue you exit clearance otherwise you can't leave the country.

If you claim to be widowed for NSO but tell the US Embassy you were divorced they will see on your NSO CEMAR that you claimed to be widowed and you're committing fraud.
Bob 4 AnnaMalePhilippines2012-05-06 15:01:00
Philippinesi need an expert advice

I understand that you want to marry in USA, but you must prove phil government and US government that you are free to marry. You will not be granted a K-1 visa even if the US government agrees that you are free to marry. Your government also must agree that you are free to marry. Check with your barangay and ask what you need to do to make you eligible for marriage again.


That is not correct. There have been a few threads here where Pinays were issued K-1 Visas with foreign divorces (even where she initiated the divorce) because the US recognizes the divorce. The problem will be that the Philippine government requires everyone leaving to be cleared for exit by the CFO. CFO will not clear her with a K-1 Visa if she hasn't filed to get her divorce recognized. a K-1 Visa is useless if she can't get out of the Philippines.
Bob 4 AnnaMalePhilippines2012-05-06 14:50:00