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We are planning to apply for a k1 visa. i got my marriage in…

Hi. we are planning...

Hi. we are planning to apply for a k1 visa. i got my marriage in japan divorced last year but i still did not get it annuled in the philippines. will that be a problem for us when getting the k1 and k2 visa?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Not yet

Lawyer's Assistant: Have you talked to a lawyer about the K-1 visa?

Not yet. but we are planning to get a lawyer for that

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats all for now i guess thanks

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Answered in 5 minutes by:
3/22/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,829
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 4 months ago
ok, hoping you can help. thanks

If you are a not a Filipino citizen, then your divorce in Japan is enough for a K-1 visa. It should not be a problem.

Good luck to you and I hope this answer has helped you.

Please kindly click "Finish by RATING" and choose a rating from the STARS ★★★★★. The question will NOT finish or close after you click and rate me. DON'T WORRY. It will stay OPEN after you rate me and I can continue to answer your follow up questions at no additional charge, if you have any.

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Customer reply replied 4 months ago
i am a filipino citizen living in japan until i moved back to philippines last december 2017

Sorry for the delay but you opted me out of the question yesterday and I cannot reply to you if you opt me out. Now I am opted back in.

Since your marriage will take place in the US (because it is a fiance visa) then it is fine if you are divorced only in Japan and do not have an annulment in the Philippines. You are still considered to be free to marry in the US. This only applies to fiance visa (K1 and K2), not the K3 visa.

I hope this clarifies and I hope that you can now leave a good rating for the consult.

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Customer reply replied 4 months ago
hi again. thanks for the reply. but someone also from here answered the same question yesterday and he gave me a different answer. he said if i am a filipino citizen then i will still need to get my annulment because they will follow philippine laws. sorry but now i am more confused. which answer is correct? please help

I'm sorry but I cannot speak for another person. I have had a client in a similar situation like you and they did not need an annulment. The divorce was enough since you are not getting married in the Philippines. You should take the divorce decree to Dept of Foreign Affairs for them to acknowledge that you are divorced and then go to the NSO to get a copy of your marriage certificate with a stamp stating you're divorced. However, if you have heard different opinion and wish to act on the safer side, then it cannot hurt to get the annulment together with the divorce. It should not be difficult.

I hope this helps

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Customer reply replied 4 months ago
Ahm, thanks. Actually my friend was also telling me about that. Can i just ask what year was that when you had a client with the same situation as i do now? Im not sure but i think they changed the law here recently. They npw dpmt recognized foreign divorce if im not mistaken. But if the case you were telling me happened just recently maybe i can try doing that. Getting n annulment here is very complicated. Waiting for you responce. Thank you...

It was late 2016. You would also need the counseling certificate from the CFO.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,829
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
Jen Marie, Esq. and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Oh thats just recent. Ok thanks. Will do that on monday. Thank you
Customer reply replied 4 months ago
hello. i told my fiance about your advice. do you mind if i ask your location please? and just in case we need a lawyer to help us file the k1 visa can we get your service? :)

I am in Florida :)

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Customer reply replied 3 months ago
maybe you know someone who is base near or in san diego who have had the same case before. we would like to get a lawyer who can help us get the k1 visa. and by the way, we are planning to do your advice, it is faster and more convenient for us. :) can i ask another question? the last name on my passport is the last name of my ex husband, do you think it can affect our application? thank you

I'm so sorry but I don't know anyone in your area.

No, that should not affect your application but changing to your last name may be better.

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