Rete

The following is an excerpt from today's column by immigration attorney, Allan Wernick. The full column can be read at:

http://www.nydailynews.com/boroughs/...iancee_he.html

It deals with a Filipino who is married in the Philipphines and cannot divorce there but still wants to marry her "Fiancee" who is a USC.

"For a divorce to valid for immigration purposes, it must e valid under the laws of the place of the divorce and in the place of a subsquent marriage."

So this ~wife~ will be married to two men at one time, one husband in the Philipphines and one in the US and USCIS will grant her AOS.

ian-mstm

From the info given in the article, it'll work *if* she can get a divorce in Hong Kong. I'm guess that it's irrelevant whether or not PI law recognizes the divorce. However, the divorce must also be recognized by USCIS... and they may (or may not) recognize a divorce that took place in a 3rd country specifically in order to circumvent the laws of the PI. So... from where I sit, it's hard to say whether it'll be successful... although, I'm guessing that USCIS doesn't much care what happens in other countries. What happens in HK, stays in HK!

Ian

olliewat

Well, yes and no. She still needs to obtain a divorce from somewhere. Yes, the PI will still recognize her as married to husband #1, but if the divorce is valid where it was attained and is valid in the US, only husband #2 will be recognized in the U.S.

Here's the more telling part of the post (emphasis is mine):

Matthew Udall

I recall a story an AILA attorney friend once told me, about a case she was either involved with, or heard about.

Couple married in the Philippines (both citizens of the Philippines). Eventually they want to immigrate to the U.S. but not eligible to do so under U.S. immigration law (didn’t meet eligibility requirements under U.S. immigration law).

They somehow get to the U.S. They divorce each other. They each marry a US citizen and both obtain permanent resident status. Before the ink is dry on their greencards, they each divorce their US citizen spouses, and re-marry each other here in the U.S.

What a warm and fuzzy story for them, but I do feel a bit sorry for the two USC’s who were used by this couple.

mdyoung

I think that would only fly if she applies for the visa in Hong Kong. I think Manila will only consider you single if you get an annulment in the Philippines or the spouse is dead.

mdyoung

What are the main reasons a K1 visa is denied?

K1 applications are subject to the same review standards as immigrant visa applications. The main reasons for visa refusal are: lacking documentation; need to review or verify evidence; lack of petitionable relationship; misrepresentation of facts, medical and criminal grounds and potential public charge.

A common basis for refusal is a prior marriage for the beneficiary or the petitioner that has not been legally terminated. There is no divorce in the Philippines. A consular officer will only accept a death certificate or a court ruling of annulment or of presumptive death as evidence that a Filipino marriage has been terminated. An American may terminate a Filipino marriage through a U.S. divorce.

http://manila.usembassy.gov/wwwh3204.html