Asked in Immigration Law for Texas

Q: Can one petition for a K1 if their US divorce isn't recognized in the country they were married?

The Philippines doesn't recognize divorce. If a US citizen marries in the Philippines, then divorces in the US, can they petition for a K1 visa for a Filipino EU resident and then marry in the US? It seems to me that as long as that US citizen doesn't return to the Philippines, all's well, but any opinions would be welcome. Is that EU resident's future US citizenship in danger due to bigamy?

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1 Lawyer Answer
Deron Edward Smallcomb
Deron Edward Smallcomb
  • Immigration Law Lawyer
  • San Diego, CA

A: The divorce in the US would be considered valid and therefore you are free to remarry. That said, you should contact an experienced immigration attorney to discuss all the details before proceeding.

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