Legal Question in Immigration Law in Iowa

I am wanting to file an application for a K 1 Fiance Visa. My Fiance is a divorced 41 year old Philippine women that has been living in Japan for the past 25 years. She is legally divorced to a Japanese man, but still a citizen of the Philippines. My question is this. She was married in the Philippines, but only married there because of her family. Since meeting her X husband has always lived in Japan. She is legally divorced in Japan, but has never had the marriage annulled in the Philippines. Her divorce was due to her husband having a mistress, which he is now married to. The divorce was final in 2005 I believe. Since she was living in Japan before the marriage and everyday after, will she have to get the marriage annulled in the Philippines?


Asked on 5/14/10, 11:13 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

Yes, she must have her first marriage annuled or terminated - whether in Japan or Philippines. You can't file the K-1 visa petition UNTIL her first marriagew had been dissolved.

By the way, she should have terminated her first marriage to a husband in Philippines before marrying her second husband in Japan.

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Answered on 5/20/10, 6:18 am


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