Trying to get a fiance visa for my g/f who is technically married under Philippine law...?

Question

What options do we have. She can't really get an annulment. She probably can't get a fiance visa being that she is legally married in the Philippines. But I thought there might be something possible you can do at the US embassy in Manila? Because US does have divorce.

This is what is says under K1 Visa...

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.

Now it says an american may terminate a filipino marriage through US divorce, but is this like a catch 22? Then doesn't she have to be american before she can do it?

Any help is appreciated. Thank you.

Answer 1

The only way you are going to get married to her is if she gets an annulment of her present marriage in the Philippines.

Answer 2

this has bad idea written all over it

Answer 3

Technically, still means legally. So, if she can't get either a divorce or annulment and her ex continues to survive, you won't be able to file a fiancee petition.  Now, if she were to go to the US and file for divorce under whatever state law prevails, then under US law, she'd no longer legally be married and you could file. You don't have to be a US citizen to get a divorce in the US. But, you do normally have to be a resident of the state. Those laws vary from state to state, so it is possible and has been done in the past. It can be very difficult, but it's not impossible.

Answer 4

Sounds like your best bet is to consult with an attorney near you  that specializes in immigration.

God bless you and your sweetheart.

Answer 5

It's not a Catch-22 so much as a bad situation for your lady friend, who lives in a country where divorce is illegal.

There is no "probably" about not getting a visa - she is legally married in the Philippines, therefore, she is legally married as far as the U.S. is concerned and should not have a "fiance".

She cannot use an American divorce to terminate her Philippino marriage.

Why can't she get an annulment?

Answer 6

under US law she is married  thus  she will not be granted any visa   your friend must find a way to annul her previous marriage     right now you're spinning your wheels in mud  as for getting her a fince visa and especially from the Philippines