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Sharia divorce and Australian Divorce


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#1 che35

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Posted 13 September 2017 - 02:58 AM

Good day! I am engaged to an american and planning to apply for a K1 visa after everything in my end is cleared. I was married to an Aussie before and divorced after over a year. My ex was the one who filed the divorce in Australia but months before our Australian divorce, because of both our silliness and rushing to give each other freedom we filed for a Sharia or Muslim divorce and it was granted. We wed in a church and based on my research even if we had converted to muslim back then the embassy might still refuse the K1 visa application unless they will accept my Australian divorce. Questions. Will the embassy or consulate consider my Australian divorce? I have a copy of the divorce decree. Do I need to have it judicially recognized here in the Philippines before I could apply for a K1 visa? Will the Sharia divorce affect my application even if I also have Australian divorce? Please help.

#2 rbacon

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Posted 13 September 2017 - 03:45 AM

Forget the Sharia divorce and go with the Australian divorce for your K1.  It won't be subject to judicial review in the Philippines because you aren't marrying in the Philippines.

 

--Ray B

Good day! I am engaged to an american and planning to apply for a K1 visa after everything in my end is cleared. I was married to an Aussie before and divorced after over a year. My ex was the one who filed the divorce in Australia but months before our Australian divorce, because of both our silliness and rushing to give each other freedom we filed for a Sharia or Muslim divorce and it was granted. We wed in a church and based on my research even if we had converted to muslim back then the embassy might still refuse the K1 visa application unless they will accept my Australian divorce. Questions. Will the embassy or consulate consider my Australian divorce? I have a copy of the divorce decree. Do I need to have it judicially recognized here in the Philippines before I could apply for a K1 visa? Will the Sharia divorce affect my application even if I also have Australian divorce? Please help.



#3 che35

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Posted 13 September 2017 - 04:23 AM

Thank you Sir Ray B,

Wouldn't it affect my k1 application even if my marriage certificate here in the Philippines was annotated with the Sharia divorce? My Certificate of No Marriage (CENOMAR) has no annotation and still showing that I am still married to my ex husband. Will the embassy require me to submit a CENOMAR?


Che

#4 Fritz

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Posted 13 September 2017 - 01:45 PM

The Embassy will accept the Australian divorce as valid.  The lack of annotation on the NSO marriage record will simply inform them that the Australian divorce has not been registered with the NSO.

 

Since you will be marrying in US, this will not be a problem.  Under US law, the Australian divorce terminated your marriage.  It is only in Philippines that you are not allowed to remarry until the termination of marriage has been recorded by the NSO.

 

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#5 che35

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Posted 13 September 2017 - 10:15 PM

Thank you so much, Sir Fritz!

#6 rbacon

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Posted 15 September 2017 - 03:23 AM

At the Embassy visa interview, you will still need the CENOMAR.  But your Australian divorce would normall be recognized by the Embassy.

 

--Ray B

 

 

Thank you Sir Ray B,

Wouldn't it affect my k1 application even if my marriage certificate here in the Philippines was annotated with the Sharia divorce? My Certificate of No Marriage (CENOMAR) has no annotation and still showing that I am still married to my ex husband. Will the embassy require me to submit a CENOMAR?


Che



#7 che35

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Posted 03 October 2017 - 11:21 PM

Thank you so much for this, Sir Ray B.




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