Can a filipina divorced in Japan get a K1 visa without a CENOMAR? 1 Answers as of May 31, 2011

My fiancee married a Japanese in Phil. She divorced in Japan. I applied for a K-1 visa for her and USICS approved the petition. The Tokyo embassy is asking for a CENOMAR (certificate of no marriage) from the Phil. She did not obtain an annulment in the Phil and therefore cannot get a CENOMAR. As I understand it, she is legally able to marry in the US and also Japan, just not the Phil. Is CENOMAR a firm requirement? Can she apply for recognition of foreign divorce to meet the requirement? She was the one who initiated the divorce in Japan, not her ex-spouse.

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World Esquire Law Firm | Aime Katambwe
Each consular post is different in terms of the documents they require to approve a visa. The problem with Consular Officers is that most of the time, there is no practical recourse for their bad decisions. A person who is legally free to marry anywhere is just as free to marry here in the US. In other words, we respect other countries marriage and divorce proclamations. If the person is able to provide official documentation that proves they are free to marry, then that is usually sufficient. Now, it is possible that the C.O. is not convinced that the documents presented to him/her are what they purport to be and in that case, the C.O. can and will ask for more. Get a lawyer to straighten this out. Good luck!
Answer Applies to: California
Replied: 5/31/2011
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