ForumTitleContentMemberSexCountryDate/Time
PhilippinesAnother Divorce Thread
Luthias&Lee, on 23 Aug 2014 - 11:34 PM, said:

This sounds very fishey to me. There is always two sides to every story. I for one would like to know his before everyone labels him the bad guy

 

Yes your right, we don't know both sides of the story. But we have no way of knowing his side so, do you just ignore the OP's question because you need both sides of the story? This forum is not a court. It's a blog of ideas and the OP asked for our "ideas" on what would be her options. That's all it is. 


GreenbaumMalePhilippines2014-08-24 07:16:00
PhilippinesSchedule interview Appointment in manila
amerikano1, on 19 Jun 2014 - 01:05 AM, said:

Visa approved! Very excited. Only two questions in the interview, she said--when did you meet and when did I last visit? Yaay. Good luck to all--I know there were some here who had June 20 dates. Crossing my fingers for you!

 

Congrats and best wishes for your continued journey.


GreenbaumMalePhilippines2014-06-19 05:33:00
Philippinesinterview :)
Congratulations! Don't buy your plane ticket until you have your visa in your hands. You never know if there will be a delay. Welcome to America.
GreenbaumMalePhilippines2014-07-18 05:09:00
Philippineswaiting for MCN and DS160
Why would you call the NVC? For your MNL #? Yes calk them if you have not received your NOA containing your MNL. Once you have it then its time to rock and roll. See Hank's handy dandy need to follow instructions. It's a little early for your DS-160, so wait till your closer to the appointment.
GreenbaumMalePhilippines2014-07-18 11:45:00
PhilippinesFamily-based Immigrant Interview next week (CSPA, retrogression)
erikadelacruz, on 18 Jul 2014 - 1:00 PM, said:

Hello. I've read your post and I would like to ask some questions since my case is the same as yours.. My mom's petition date is May 4, 1993 under F3 Philippines category. we already submitted all the forms and paid the processing fee and affidavit of support but since there was a retrogression happened last 2009, we have to wait for our petition date to be current and it may become current this coming September 2014. The problem is,  I already aged out (turning 22 on Aug 4 2014) while waiting for our medical appointment, is there any chance that my name will be included on the list of medical appointment and can still join my parents ? 

 

The thread you are hijacking is a year old. Whoever asked the initial question or those who answered are probably not here any longer. So, I suggest that you start a new thread with a title but not with the single word "help" or "question". State your question in the topic heading and then in the body ask your question. Many more will see your question and respond to help then from a topic that is a year old.

 

Good luck


GreenbaumMalePhilippines2014-07-18 20:20:00
PhilippinesDivorce in the US or Annulment in the PH?

She can obtain her 10 year green card without your friend. He can send a letter to USCIS if he would like in protest, but it will have no influence or effect on her. If and interview is scheduled, and he doesn't show for that interview, his wife's application will be denied, and she will have to reapply for her 10-year card without his assistance. Keep in mind, if there is no interview and the ROC is approved, then she will have her GC without his influence.
 

An area that he has to be aware of, is the Affidavit of Support, which will remain in effect and a divorce will not terminate it. If it is of any conciliation to him, it wouldn't be likely that it will be put to use. It would only happen if his wife were to receive government aid (welfare), and that isn't certain. His petition (AOS) had already been exercised when she arrived on her "K1" (or whichever visa they used) and he will be liable for the 10 years.

 

I hope this helps.


Edited by Greenbaum, 19 July 2014 - 01:21 PM.

GreenbaumMalePhilippines2014-07-19 13:17:00
PhilippinesBaptismal certificate asked for at IR-2 interview? (split topic)

My daughter is also under IR2 category petitioned my USC husband. My husband had a separate petition for me and my daughter, i got approved last year july 2013, now im a greencard holder, my daughters case got approved 6months after ( would it become a problem if she got approved late??).my daughter had her medical 2weeks ago and passed... now just waiting for her interview that would be on august 5th, i am so nervous ,my daughter is 5years old and im afraid she gets denied on her interview! I have everything ready birth certificate,cenomar,cemar except for her baptismal certificate.. do they ask for that during interview?? Pls help im so worried!!


Relax. Your daughter is going to be approved.

The baptismal certification is not needed as long as you have an original birth certificate, long version from NSO.

You're going to be fine Mom.

Edited by Greenbaum, 19 July 2014 - 07:05 AM.






GreenbaumMalePhilippines2014-07-19 06:57:00
PhilippinesDs160 background
Piaoliang2008, on 18 Jul 2014 - 9:49 PM, said:

Hi... I am the beneficiary. I had a criminal case filed against me in 2005 but was later dismissed.  I am about to secure a copy of the court order on the dismissal of said case as I wasn't given one (I was abroad at the time). They issued a warrant but I wasn't arrested because at that time I was abroad .
My question is: in the form it asked have you ever been charged, arrested or convicted blahblah....should I click YES or NO?
In the ds 160 the question is just about being convicted and arrested...
I appreciate any input or any link similar to my case..


 

Always answer truthfully.

 

Now having said that yes you should indicate that you were charged but latter dismissed. If your NBI comes back with "no criminal record" and you pass your interview, they will more than likely ask that the NBI will answer the 221(g) asking for more information on the "No Criminal Record". You will have to visit the NBI and present your official court documents that substantiates the dismissal. NBI will enter this into your NBI record and forward the information on to USEM at which time the document will be reviewed and your visa will be issued if the CO is satisfied with the explanation from NBI. Takes about 2-4 weeks depending on how soon you can get to NBI Manila. BTW you can try to get your record updated before you attend but from our personal experience it never happened until the USEM requested the explanation.

 

When answering the DS-160 you will answer honestly which, from what you have said, you were neither arrested nor charged. So answer "NO".


GreenbaumMalePhilippines2014-07-18 21:16:00
PhilippinesNbi aka names
BobnRuby, on 19 Jul 2014 - 4:32 PM, said:

  Yep...my wife had her interview on June 9.  They kicked back both her CENOMAR and NBI for not having all names used....The embassy received all back from us June 20, and we are still AP.... :-(

 

This topic has been discussed about every other week. See links at the end of my posting.

 

Here is where you went wrong: http://manila.usemba...v/wwwh3217.html

 

NBI CLEARANCE (Green Form): Applicants aged 16 years and older must have a valid Record Clearance (for travel abroad purposes) from the National Bureau of Investigation (NBI). Clearances should be in the applicant?s current name, birth certificate name, maiden name, married name, and any aliases or nicknames ever used, including different spellings of all names ever used. An official letter of explanation from the NBI is required for any notation of ?No criminal record?, or "No pending case?. For immigration purposes, an NBI clearance is considered valid only for one year from the date it is issued. You may contact NBI at (632) 523-82-31 to 38. The NBI website is http://www.nbi.gov.ph.

 

 

http://www.visajourn...ame-with-a-hit/

 

http://www.visajourn...n-when-married/

 

http://www.visajourn...-nbi-aka-names/

 

http://www.visajourn...-nbi-clearance/

 

There are more but I think you understand. If you ever have any questions do a search using the search box on the top right hand side where it has a box and the word "search".


GreenbaumMalePhilippines2014-07-19 16:48:00
PhilippinesNbi aka names

The  correct format is: FIRST NAME, SURNAME Y MIDDLE NAME. The "y" or "nee" refers to the maiden name.

Another correct format could be LAST NAME, FIRST NAME Y MIDDLE NAME


GreenbaumMalePhilippines2014-07-18 20:15:00
PhilippinesNbi aka names

USEM is asking for NBI to have your birth name or maiden name and married name or any other names that you have used in the past. NBI clearances must NOT be older than 6 months at time of interview. If any of this is not complete, return to NBI and get new documents.  If you appear at your interview this is great possibility that you will get a 221(g) which can delay the process up to 30 days. This is not a new requirement as it has been an ongoing request for some time now.


GreenbaumMalePhilippines2014-07-17 05:22:00
Philippinesphysical exam

St. Luke's Medical Center Extension Clinic Closed for Eid'l Fitr
Posted Tuesday, July 15, 2014

 

St. Luke's Medical Center Extension Clinic (Manila and Global City) will be closed on Tuesday, July 29, 2014, in observance of Eid'l Fitr.

Regular clinic operations resume Wednesday, July 30, 2014.1953.gif

 

http://www.slec.ph/


Edited by Greenbaum, 20 July 2014 - 04:53 PM.

GreenbaumMalePhilippines2014-07-20 16:52:00
PhilippinesInterview Questions
jorge_and_rose, on 20 Jul 2014 - 1:59 PM, said:jorge_and_rose, on 20 Jul 2014 - 1:59 PM, said:

Thank you everyone for your help.  I'll make sure to have my wife bring her CENOMAR just in case.

 

I think we all would like to hear back from you, whether the CO did or did not asked for the CENOMAR at your interview. Thanks  1943.gif


Edited by Greenbaum, 20 July 2014 - 04:50 PM.

GreenbaumMalePhilippines2014-07-20 16:50:00
PhilippinesInterview Questions
jorge_and_rose, on 19 Jul 2014 - 9:33 PM, said:jorge_and_rose, on 19 Jul 2014 - 9:33 PM, said:

 

In the first link, the Cenomar is requested because it's a K1/K2 interview correct?  We're already married so that doesn't apply to us. 

 

In the second link, number 4 does not say we need to bring a Cenomar.  All number 4 says is to bring evidence/proof of termination of a prior marriage. 

 

Anyways, we were married in Olongapo City, Philippines.

 

From reading the other entries, from those who have gone before you and have witness or been subject to the requirement at the interview for a CENOMAR, it's advisable to secure a CENOMAR so you are prepared to answer that requirement. If you feel it is not warranted, then I can only say GOOD LUCK.


Edited by Greenbaum, 20 July 2014 - 07:44 AM.

GreenbaumMalePhilippines2014-07-20 07:44:00
PhilippinesInterview Questions
jorge_and_rose, on 17 Jul 2014 - 9:33 PM, said:jorge_and_rose, on 17 Jul 2014 - 9:33 PM, said:

Ok, so I checked the pdf from the link that Hank posted.. Where does it say a Cenomar is needed (under what number)?  All I see is the marriage contract part, which we have..

 

http://photos.state....4 Feb 2014_.pdf

 

Take note of "I" for the Cenomar/Cemar request from NSO.

 

Or Number 4 from http://photos.state....hout footer.pdf


Edited by Greenbaum, 18 July 2014 - 08:30 PM.

GreenbaumMalePhilippines2014-07-18 20:29:00
PhilippinesInterview Questions

Follow the instructions and prepare all the documents as they are asked for on the Embassy letter. Sure some folks will be asked for the item and others may not. But do you really want to risk that you are the one who gets asked for that one document that "Susie" said you didn't need? I smell a 221(g) letter or possible denial causing a delay by ignoring the requested documents from USEM.

 

Is this what you want? I don't think so. Give the CO what they asked for and you will have no problems. Follow the Embassy Letter. 1945.gif

 

http://photos.state....hout footer.pdf


GreenbaumMalePhilippines2014-07-15 06:02:00
PhilippinesInterview Questions
jorge_and_rose, on 05 Jul 2014 - 12:44 PM, said:

Hi, I know it's still a long ways to go until my wife gets her interview, but we were wondering what types of questions will they be asking my wife when that time comes?  I know that she would need to gather evidence of our relationship also (and we have a lot of that).

 

 

Some example questions would be:

 

What is the name of your fiancé/e?

Where did you meet?

When did you meet?

How did you meet?

When are you planning to get married?

What is your fiancé/e's work?

Have you gone out of the country?

How long were you out of the country?

How many times has your fiancé/e visited you?

Where did you go when your fiancé/e visited you?

Do you plan to have kids?

Where do you plan on staying in the US?

 

These are some of the questions but rest assure that all the questions will be about the petitioner, the beneficiary, and the relationship. Be sure to look the CO in the eye when answering. Answer the questions truthfully (trust me when I say this, they can uncover a fraudulent relationship or not truthfully answering their questions) and keep your answers to the point. Don't volunteer information with out it being asked from the CO. 2064.gifTry and be relaxed, they are human too. And most of all, this is your day to shine so SMILE! 1956.gif

 

Don't overdue the evidence of your relationship. A dozen pictures should paint a relative picture of your relationship. Show yourselves together holding hands, hugging or kissing. Show pictures of yourselves with family not only parents but with siblings and aunts, uncles and cousins.


GreenbaumMalePhilippines2014-07-07 20:03:00
PhilippinesSt. Luke's Dermatologist referral...
UnwaveringFaith8, on 19 Jul 2014 - 11:00 PM, said:

Hello everyone  :)   I am new here and I am glad to have discovered this site. I just need to ask if just in case St. Luke's Extension Clinic will refer me to a dermatologist when I get to have my Medical exam, where will they send me ? At St. Luke's Medical Center Q.C.? And should I go there on the 1st day of the Medical exam? Or will they set a deadline on when I should go there? And do you have any idea on the fees that the dermatologist will charge?

 

Please forgive me for asking a lot of questions. I am looking foward to your answers.

 

Thank you.

 

Don't be concerned about any skin conditions as long as it is not a contagious skin disease. If not contagious then no problem. You will go through your medical with very little concerns. Relax. Your going to be fine.

 

There are no appointments but you should be there early as it is first come first serve. If your first in line you maybe able to get and out in one day, otherwise you will return the next day for vaccinations.

 

Good luck and return here anytime if you have questions.  2062.gif


GreenbaumMalePhilippines2014-07-20 07:05:00
PhilippinesApproved, waiting for the Visa... Thank you!
Congratulations. Remember not to buy any plane tickets till you have your visa in hand. Approval and delivery can sometimes take 5 - 10 business days and maybe longer. I expect you will hear something next. Good luck.
GreenbaumMalePhilippines2014-07-19 09:45:00
PhilippinesAdopting my step daughters - how to if the father can't be found

Ahhh you have a good mouse but a slow connection...  sometimes I notice VJ is very slow, stalls or won't load even.    So even when "mostly done" with the visa process you still need.... (wait for it).... patience!  :lol:


Nope. Sticky finger on a touchpad. Lol, and no patience.

GreenbaumMalePhilippines2014-07-23 07:11:00
PhilippinesAdopting my step daughters - how to if the father can't be found

anyone know why that happens? :unsure:

 

Yes. I know what causes this. When I go to post my reply, my connection can be very slow and if I see no movement once I hit the submit button, I'll depress it again and again. You see I'm using a third party connection and therefore do not understand the speed at which I can get a post completed. So the, natural inclination is to press again. Sorry.


GreenbaumMalePhilippines2014-07-22 21:28:00
PhilippinesAdopting my step daughters - how to if the father can't be found

Hi,

 

I am starting my research on adopting my step daughters and am wondering how to proceed if we can't locate the biological father?

 

 

 

There is alot to know about this process. Do a search from the search box on the upper right hand corner. It's a great tool. 

 

This an earlier discussion on your tooic and discusses many if the same issues you'll be facing.

 

Hi,

 

I am starting my research on adopting my step daughters and am wondering how to proceed if we can't locate the biological father?

 

 

 

There is alot to know about this process. Do a search from the search box on the upper right hand corner. It's a great tool. 

 

This is an earlier discussion on your topic and discusses many if the same issues you'll be facing.

 

GreenbaumMalePhilippines2014-07-22 14:57:00
PhilippinesRequired Documents for Muslim Divorce?

CEAC status updated to "Issued" today!  The good news is that it looks like the embassy does not require an annotated marriage certificate if you have a Muslim divorce certificate.  Although I'm not happy it was almost a month to the day in Administrative Processing, I'm glad it ultimately resolved without having to get my senator involved.

 

Good news indeed. Thanks for sharing your experience. Best of luck for the rest of your journey.


GreenbaumMalePhilippines2014-07-23 21:33:00
PhilippinesRequired Documents for Muslim Divorce?

I think Boiler and I can glean some advise from your explanation. Thank you for sharing, for me it's a learning process.


GreenbaumMalePhilippines2014-07-20 07:16:00
PhilippinesRequired Documents for Muslim Divorce?
Boiler, on 19 Jul 2014 - 10:40 PM, said:

Let us see what happens.

 

2059.gif


GreenbaumMalePhilippines2014-07-19 21:44:00
PhilippinesRequired Documents for Muslim Divorce?
Boiler, on 19 Jul 2014 - 10:11 PM, said:

Lawyers do have access beyond the public.

 

Senator's office does not have a big stick.

 

Ok if you say so, but I don't agree with you.


GreenbaumMalePhilippines2014-07-19 21:24:00
PhilippinesRequired Documents for Muslim Divorce?
Boiler, on 19 Jul 2014 - 9:34 PM, said:

That sounds more like a task for the OP's Lawyer, I forget the correct name but the Lawyer can put together a submission on a point of law.

 

The Lawyer will not have any more access to USEM then the OP. Senators carry a big Stick and at times it's needed. Knowing when the best time is to use the Senator is what the OP is wrestling with now.


GreenbaumMalePhilippines2014-07-19 20:59:00
PhilippinesRequired Documents for Muslim Divorce?
Boiler, on 19 Jul 2014 - 2:34 PM, said:

He knows the issue, getting it from a Senators intern is not going to change it.

 

Yes the OP knows the issues. He is well informed and has done his due diligence. The reference to his Senator is that with as much time that has passed the problems he has encountered in securing his visa he may need his Senator's assistance. Don't think the Senator is going to pick up the phone but I am sure he/she will enlist one of the interns to research and construct a letter to USCIS/USEM on the Senator's behalf, as to what the problem is and why the OP's documents are not coming to a finality with a visa issued.

 

This is a Muslim divorce, they are rare in the Philippines (ours was one but we took a different path then the OP took; neither one is better than the other), CO may not understand what should be done. Instead the OP is getting a lot of smoke screens thrown in his face. Frustrating at best, I'm sure.

 

Boiler, I hope this brings you up to date.

 

marlowecollins jump in if I have misrepresented your thoughts.


GreenbaumMalePhilippines2014-07-19 20:26:00
PhilippinesRequired Documents for Muslim Divorce?
Boiler, on 19 Jul 2014 - 1:55 PM, said:

What is the big gun?

 

Both what Hank said and his Senator (the OP stated that in one of his post's about the Senator). 1953.gif


GreenbaumMalePhilippines2014-07-19 13:23:00
PhilippinesRequired Documents for Muslim Divorce?
marlowecollins, on 19 Jul 2014 - 1:11 PM, said:

 

Well, looking at it again, I'm not sure this is a good thing.  The "case creation date" in CEAC now also says 18 Jul 2014- It has always shown an April date regardless of other status changes.  I checked the USTraveldocs site, and it no longer says that her passport is "still at post'  In fact, it looks exactly like it did before we made our appointment, It almost seems like they reset everything to before her interview. 

 

They have not contacted either of us since the interview.

 

You think it's time to pull the trigger on your big gun?


GreenbaumMalePhilippines2014-07-19 12:44:00
PhilippinesRequired Documents for Muslim Divorce?
marlowecollins, on 18 Jul 2014 - 09:30 AM, said:

I have not sent anything to my senator yet, but on 18 July the CEAC status changed to "Ready" with this comment: "Your case is open. Please check your status after two business days via the CEAC launch page at https://ceac.state.gov/CEAC/."

 

I seem to recall that this is what it said before the interview, but I have also read that this means you have been approved and they are in the process of issuing the visa.  Perhaps they sorted out their concerns without hearing from us.  Any insights?

 

If your file is moving along, as it appears, you should see some more activity soon with the possibility with the finality of the issuance of the visa. I'm still in your corner rooting for a positive outcome. 


GreenbaumMalePhilippines2014-07-18 20:23:00
PhilippinesRequired Documents for Muslim Divorce?
marlowecollins, on 15 Jul 2014 - 09:46 AM, said:

Just an update:

 

My fiance visited the LCRO where she was married, the NSO twice.  Neither had ever seen the divorce certificate before, and neither would make the annotation the the marriage certificate.  The first lady at the NSO said that they don't annotate Muslim marriage certificates, so my fiance asked them to write that on NSO letterhead so she could give it to the embassy.  That lady wouldn't do it and called a supervisor who said they do annotate Muslim divorces, but could not tell her what documents were required to do so.  They just kept giving her a checklist for annulments.  Keep in mind this is at the NSO main office in Manila- that is like asking the IRS in DC about one of their tax forms and them having no idea what the form is and not having anyone that works there who does.  The Philippine government is clearly grossly incompetent.

 

She finally just turned in the request form that the embassy gave her.  Of course, they will just get a duplicate of the un-annotated marriage certificate they already have.  The NSO did include some excerpt of Philippine law my fiance got from an attorney friend.  I assume it was one of the things I found and posted here.  The Embassy clearly got it, as I see they accessed her file twice since last week.  No change in status.

 

After numerous attempts to call the embassy and getting disconnected every time she tried to reach the immigrant visa unit, my fiance finally got through yesterday.  She didn't get to speak to a consular officer, but got some Filipino phone operator who just repeated the blurb on the website: "We can't tell you when we will be done, you will be contacted if we need anything."

 

I also never heard back from my e-mail that I sent per the embassy's contact instructions.  They said it may take 7 days, and it's been 20.  I sent them another one that said if I don't hear back I will have my senator inquire for me.  I'm preparing a package with everything that has happened so far, and after the next 7 days is up I'm filing my complaint with my senator. 

 

My biggest frustration is that it's impossible to reach anybody to discuss this.  I know that they do "need something" since the document they asked her to get was not given to them; but since they will not speak to us, they don't know all the steps she took to get it, and the confusion within the NSO about whether or not she can get it, and how to get it if she can.  That is important context for them in deciding if they need this additional documentation or not, because they do consider the true availability of documents before asking for them.  For example, the embassy is very reasonable about not requiring police certificates from countries that make it too hard to get one, even if they are technically "available."  The interplay between muslim and secular law and customs is also at play here- it's a very complicated situation, but they have no idea about any of this because they won't speak to us.

 

It sounds like you have done the best you can while working within the confines of the Philippine Government. I too would contact my Senator and Congressmen to get the ball rolling to help in the resolution of this matter.

 

Best of luck and don't forget to report back please.


GreenbaumMalePhilippines2014-07-15 18:54:00
PhilippinesRequired Documents for Muslim Divorce?
Yes I'm familiar with the thrice declaration of a Muslim male can invoke to end the marriage which is one process that is used ad well as the more "up to date" process that we used using a Shari'a Court.

At this time I can't help you as we each took different paths to arrive at our divorce. I can only wish you luck in your pursuit for your visa.

Please post from time to time on your progress as I'm curious and in the end you can help others. Thanks




GreenbaumMalePhilippines2014-07-01 09:26:00
PhilippinesRequired Documents for Muslim Divorce?
marlowecollins, on 30 Jun 2014 - 8:20 PM, said:

Well, there is no court decree, only an OCRG Form 102 "Certificate of Divorce." The National Commission on Muslim Filipinos confirmed that this should have been all the paperwork she needed. The LCRO annotated her marriage certificate with just this, but the NSO is asking for a "finality of divorce." The NCMF said this is unusual, but put her on the phone with someone in the Zamboanga sharia court that said she would have to fly to Basilan, petition the court there, and wait for 5 months to get such a thing. I'm not entirely convinced that anyone knows the process and that entire area is considered unsafe for US citizens to travel.

 

 

Fundamentally, what the Filipinos want is immaterial; it's what will satisfy the US embassy that matters. They defer to the Filipino consular officer as a matter of course, but US law simply requires that the embassy be convinced of the fiancee's legal capacity to enter into a marriage, not that the successful navigation of a bloated and backwards Philippine bureaucracy. It's worth waiting an extra month to see how a congressional complaint shakes out if we can avoid her having to travel to an island crawling with terrorists.

 

 

My initial question still stands: I need a good US based phone number to the embassy to talk to them. If we can't handle it over the phone, I will go to the senator, if that doesn't solve it, then we will look at trips to Mindanao and 5 month waits.

 

I'm a little confused about your OCRG Form 102 as that is not in any of the papers we received.

 

What we received from the court was, the divorce decree outlining the requirements of the divorce (children & assets etc.) and then from the same court we received the "certificate of finality", certification which is a document that certifies the decision of the judge of that Shari'a Circuit Court which has been registered in the Court's Registry, next we had a certificate from the Civil Registrar of the city that the Shari'a Circuit Court where the divorce took place, then we took the documents to the Local Civil Registrar where the marriage took place and had it certified. Then all the documents were sent from the LCR to NSO Manila whereupon they endorsed the Marriage Contract with a statement in the column to the right that NSO certifies the documents and has duly noted them in the NSO registry book on divorce. 

 

So along the way everyone involved endorsed our papers in which the Certificate of Finality was contained and the Filipino CO at the USEM on the day of the interview searched and found that document (certificate of finality) allowing us to move forward with the interview to it's completion without any delay or 221(g) for this issue.

 

From what I can read from your statement above, it is important that you return to the court that the divorce took place in and have the "certificate of finality" produced. I am not a lawyer and I am only repeating the steps that we took. Your results may be different. I would contact a good lawyer in order to proceed. We had a very good lawyer who knew what he was doing. In fact we asked the question is this all the USEM will require during the interview and he responded positively with the caveat that the "Certificate of Finality" is going to be what they are looking for.

 

Going to your Congressman/woman is not going to do you any good IMHO. "What the Filipinos want is immaterial; it's what will satisfy the US embassy that matters"; no I have to differ with you. It is what either CO wants because they have the final say whether your documents are approved and eventually your visa is issued.  Don't make this harder then it already is for you guys. "When in Rome, do as the Romans do"!


GreenbaumMalePhilippines2014-06-30 22:15:00
PhilippinesRequired Documents for Muslim Divorce?
marlowecollins, on 30 Jun 2014 - 6:58 PM, said:

 

And your Philippine fiancee had a prior Muslim marriage and divorce, both of which took place in the Philippines?

 

Yes.


GreenbaumMalePhilippines2014-06-30 18:00:00
PhilippinesRequired Documents for Muslim Divorce?

I need to add that "they" are the ones with the GOLD, so it doesn't make a difference how you interpret laws, findings or court orders. You need to complete the process as they ask or you will be stuck in "neutral" till you do. Just get it done.

 

We did everything they are asking you and we had no problems at all.

 

Good luck


GreenbaumMalePhilippines2014-06-30 17:36:00
PhilippinesRequired Documents for Muslim Divorce?
marlowecollins, on 30 Jun 2014 - 3:19 PM, said:

First, a couple of questions:

1. Does anyone know of a US-based number to contact the Manila embassy other than the one they have on their website that is for making interview appointments?  I need to talk to someone that can discuss my petition.

2. Has anyone here had a prior marriage under the Muslim laws of the Philippines, been divorced, and petitioned for a K-1 Visa?  What were your documentation requirements?

--------------------------------------

 

My fiancee's interview was last Tuesday; up until now we have sailed through the process.  Prior to meeting me she was married and divorced under the Muslim laws of the Philippines- which supersede the Civil Code of the Philippines in these matters.  Her divorce was already registed at the LCRO in 2009 as required by law and the divorce certificate is so marked.  She has an LCRO annotated marriage certificate as well.

 

At the interview, the Philippine representative asked for an annotated marriage certificate from the NSO, which is for annulments and should not be applicable to Muslim divorces.  When she finished her interview with the US consular official, they asked for the same thing.  When she told the official that this was not required, the US consular official told my fiancee that it was between her and the Philippine official.  She was not told whether she was approved or denied, and was not issued a 221(g) letter, but the embassy kept her passport.  She was given a form to request a marriage certificate from the NSO from the embassy (which would be the same as the copy she already gave them).  Our petition has shown "Administrative Processing" since then.  I assume it will sit there until they get the annotated marriage certificate or someone intervenes to get it moving without it.

 

Since the interview, she has visited the NSO twice and the National Commission on Muslim Filipinos once.  No one there has ever seen this paperwork being requested before from a divorced Muslim.  No one can show her any law, rule, or policy that states that Muslim divorce must be annotated on the Muslim marriage certificate, and no one can tell her what paperwork is required and where to get it.  The NSO just gave her a copy of the checklist for annotating an annulment, but she cannot just follow the procedures there, because they require court proceedings and declarations that are not applicable to an existing divorce.  She asked if the procedures the Philippines uses for documenting overseas divorces would be more appropriate, but they didn't know, and are sticking to the annulment requirements.

 

She has tried calling the embassy, but has not been able to get through.  I sent an e-mail to the embassy and am waiting for a reply.  Currently, our plans are to wait another week for her to either get through on the phone or for them to return my e-mail.  If I don't hear back from them, I am planning to write my senator asking the embassy either approve the visa or produce some documentation that this annotated marriage form is a requirement to issue her visa, and if so, how to get it when the applicant was divorced in the Philippines under Muslim laws.  That seems like a lot of time and effort for something I think I can resolve if I can just speak to someone in authority.

 

Does anyone here have any personal experience that might be helpful?

 

EXCERPTED APPLICABLE PHILIPPINE LAWS/RULES:

 

EXECUTIVE ORDER NO. 464
"ESTABLISHING THE RELATIONSHIP BETWEEN THE NATIONAL STATISTICAL COORDINATION BOARD AND THE AUTONOMOUS REGIONAL GOVERNMENT IN THE AUTONOMOUS REGION IN MUSLIM MINDANAO"
SEC. 4. Pursuant to Presidential Decree No. 1083, the Clerks of Court of the Shari?ah District Court and the Shari?ah Circuit Court shall act as District and Circuit Registrars of marriages, divorces, revocations of divorces and conversions within their respective jurisdiction in the ARMM.
The District Registrar shall exercise supervision over Circuit Registrars in every Shari?ah District. He shall be the custodian of the records sent by the Circuit Registrars and shall likewise send copies to the Office of the Civil Registrar General.
In the registration of births, marriages and death, the Shari?ah law shall take precedence from the existing civil registry law. The applicability of other civil registry laws can be invoked only to the extent as may be consistent with Presidential Decree No. 1083. This being the case, the requirements as embodied in the Revised
Administrative Code of 1987, as amended, and other related laws shall be considered as applicable only to non-Muslims within the ARMM.
 
OFFICE OF THE CIVIL REGISTRAR GENERAL, NATIONAL STATISTICS OFFICE
ADMINISTRATIVE ORDER NO. 1, SERIES OF 2005
5. All Certificates of Divorce or Court Decrees shall be registered in the Shari'a Circuit Court. The Shari'a Circuit Court or LCRO where the marriage was registered shall be furnished a copy of the Certificate of Divorce or Court Decree for annotation in the Certificate of Marriage and the Marriage Register. Five (5) copies of the Certificate of Divorce or Court Decree shall be submitted for registration within thirty (30) days after the date of divorce by the interested party.

 

 

The steps you must take to present the proper documents to USEM is as follows:

 

1. Go to the LCRO where the divorce took place. She needs to bring all documents from the court to include but not limited to finality, decision and marriage certificate. Have the LCRO record the divorce.  Make sure the divorce was registered at the place that the decision by the court took place (City A, see #5 above). If the marriage took place in another location, then take all the documents from the LCRO "A" that you just completed from the earlier transaction to the local where the marriage took place if different then the divorce location "B".

 

2.  Present all documents with endorsements from LCRO "A" to the LCRO where the marriage took place (LCRO "B"). LCRO B will make an endorsements from the documents from "A". And then pay the fee for the NSO endorsement and the mailing of said documents from NSO to the LCRO A. They will forward to NSO for endorsements and NSO will return to you.

 

3. Then at that time, upon receipt of the NSO documents make the necessary copies and forward to USEM.

 

This should satisfy USEM and you will then have completed their requirements.  It sounds like a lot of work but the waiting is the longest part as this process can take 4-6 weeks depending on where she lives and the speed of the courier.  

 

These steps are the same steps that we took for our process in September 2013.

 

This is what has to be done. They are not asking anything more from you than anyone else. Just do it!  Good luck and get the process started now.


GreenbaumMalePhilippines2014-06-30 17:20:00
PhilippinesI dropped my slec xray cd!!
It's best you allow yourself at least 4 hours if LAX is your POE. My wife traveled through LAX with a son and daughter recently and found that 4 hours was perfect.
GreenbaumMalePhilippines2014-07-23 18:42:00
PhilippinesI dropped my slec xray cd!!

Relax.  No one really cares about the CD, broken or otherwise.  They don't even make a good coaster for setting a glass on.  


They work nicely as a frisbee, mirror or signaling apparatus.

GreenbaumMalePhilippines2014-07-23 07:08:00
PhilippinesOpen Interview dates in Manila embassy tracking

 
Before Yolanda it was very normal to see two months of calendar openings.   
 
I am curious how long it will be before the backlog will clear up.

 
 
Katrina only tried to take out New Orleans ;)
 
 









Oh yes Yolanda is Katrina's sister. Sorry got confused. :)

GreenbaumMalePhilippines2014-07-03 11:57:00