January 25, 2024

Enterline and Partners Successfully Overcomes Lengthy 221g Refusal in Manila

In late 2021, our client (Joe), a U.S. citizen married his Philippines citizen wife (Jane) through an online marriage under the laws of the State of Utah. Following the marriage, Joe filed a Form I-130 Petition for Jane.

After completing the United States Citizenship and Immigration Services (“USCIS”) adjudication process and the National Visa Center (“NVC”), Jane was scheduled for her immigrant visa interview at the U.S. Embassy in Manila. Following the interview, Jane was issued a lengthy 221g refusal requesting for a number of documents which in our professional opinion, was unnecessary. One of those documents was a Philippines Report of Marriage Abroad (“ROM”). A ROM is issued when a Philippines citizen is married abroad and wishes to register his or her marriage with the Philippines government in order to receive marital benefits. However, in order for a ROM to be processed and have the marriage recognized by the Philippines government, the foreign marriage must be valid under Philippines law. Certain marriages solemnized abroad such as same-sex marriages or marriages between first cousins are not recognized under Philippines law. Thus, even if the marriage is lawful in the country where the ceremony was performed, a ROM may not be available.

At the time of publishing this article, a ROM is not a required document for immigrant visa processing either by USCIS, NVC or the Embassy’s Immigrant Visa Unit.

In Jane’s situation, she was previously married to a foreign national and later divorced in the foreign national’s home country. In order for her subsequent marriage to Joe to be recognized under Philippines law which would allow her to have a ROM issued, she would have first had to obtain a Judicial Recognition of Foreign Judgment for her foreign divorce prior to her marriage to Joe. Since Joe and Jane were married under Utah law and not Philippines law, our legal team engaged with repeated correspondence with the Embassy’s Immigrant Visa Unit explaining that in addition to a ROM not being required, Jane was ineligible to receive a ROM because her divorce to her foreign spouse did not undergo judicial recognition. In addition, because Joe and Jane were not married under Philippines law, a ROM was immaterial.

Following our successful outreach and legal reasoning, the Embassy’s IV Unit rescinded the ROM request which resulted in Jane receiving her immigrant visa.

For more information, contact us at info@enterlinepartners.com and speak with a U.S. immigration attorney in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office

146C7 Nguyen Van Huong St, Thao Dien Ward,
District 2, Thu Duc City
Ho Chi Minh City, Vietnam

Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
YouTube: @EnterlineAndPartnersConsulting
Website: http://enterlinepartners.com

Manila, Philippines Office

LKG Tower 37th Floor

6801 Ayala Avenue

Makati City, Philippines 1226

Tel: +63 917 543 7926
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2024. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: Immigrant Visa, Non-immigrant Visa

Tags: 221g Refusal, Proxy Marriage

What is a Priority Date in U.S. Immigration? A Complete Guide to the Priority Date in U.S. Immigration

USCIS To Implements the 2025 Naturalization Civics Test

EB-5 Visa Processing Time: How Long Do I Have to Wait for Approval?

EB-5 Petition and Application Fees Reduced by Court Order

our services

contact us today for more information

Latest News

Infrastructure Project, Rural Area, And Targeted Employment Area In The RIA

In the EB-5 Reform and Integrity Act of 2022 (“RIA”), three important terms are Infrastructure Project, Rural Area, and Targeted Employment Area (“TEA”). Here’s a clear explanation of each: Infrastructure Project An infrastructure project refers to a capital investment project administered by a governmental entity, such as a federal, state, or local agency. It typically involves a job-creating entity that works with a new commercial enterprise to receive capital investments from EB-5 investors. These projects are characteristically for improving public infrastructure with the added benefit of creating jobs and helping to stimulate local economic growth. Rural Area According to EB-5 regulation, areas that are within the geographic boundaries of a metropolitan statistical area are not eligible for the rural area designation, ensuring that the rural area classification is applied to regions that outside metropolitan zones and truly rural. A Rural Area excludes areas within the boundaries of cities or towns

What is a Priority Date in U.S. Immigration? A Complete Guide to the Priority Date in U.S. Immigration

The priority date in U.S. immigration is a critical concept for anyone waiting for lawful permanent residency status (“Green Card”). Because Congress sets strict annual limits on the number of immigrant visas issued in most categories, demand often outstrips supply, creating significant backlogs. Your priority date effectively acts as your “place in line” in this complex government queue. This priority date is established when the United States Citizenship and Immigration Services (“USCIS”) receives your initial petition, either the Form I-130 (for family-sponsored cases) or the Form I-140 or Labor Certification (for employment-based cases) or Form I-526/I-526E (for investor cases). Think of it as the timestamp on your ticket; until your number is called based on this date, you cannot move forward to the final stage of the immigration process. Understanding how the USCIS priority date works is vital for managing your expectations, planning your life during the wait, and knowing

USCIS To Implements the 2025 Naturalization Civics Test

The U.S. Citizenship and Immigration Services (“USCIS”) has announced an update to its Policy Manual that re-introduces a modified version of the 2020 Civics Test—now called the 2025 Naturalization Civics Test. The update, once adopted, will apply to applications for naturalization (Form N-400 Application for Naturalization) filed on or after October 20, 2025, and aims to reinforce the importance of civic knowledge, assimilation into the U.S. society, an understanding of the Constitution, laws, and founding principles of the United States. Why This Change Matters Naturalization is the process by which lawful permanent residents become U.S. citizens—gaining full rights and responsibilities in American society. Under Section 312 of the Immigration and Nationality Act (“INA”), most applicants must demonstrate both proficiency in the English language and knowledge of U.S. civics and government. The USCIS notes that strengthening these requirements is part of its broader goal to ensure that new citizens are well-prepared

Enterline and Partners Successfully Overcomes Lengthy 221g Refusal in Manila

CATEGORY

contact us today for more information

Latest News