Interim veeision on 

MATTER OF ALLISON 

In Visa Petition Proceedings 

A-17106722 

Decided by Board July 81, 1968 

Where evidence in the form of a decree of the District Court of Woodward 

County, State of Oklahoma, establishes that the Mexican "mail order divorce 

obtained by the US. citizen petitioner, a resident of the State of Oklahoma, 

is.rccognized as valid in Oklahoma, it is recognized as valid for the purposes 

of petitioner's subsequent marriage in the Philippine Islands to beneficiary, a 

native and citizen of the Fninppines, and such marriage serves to confer on 

beneficiary immediate relative classification. [Matter of Daganiao, 11 T. & N. 

Dec. 109, distinguished.] 

The case comes forward on appeal from the order of the Officer in 

Charge, Manila, Philippines dated May 23, 1968 revoking the prior 

approval of the visa petition on August 7, 1967 for the reason that the 

Mexican 'divorce the petitioner secured against his first wife, Luz 

Dacanay, is not acceptable as evidence of termination of his prior 

marriage since neither party was present in the Mexican Court. 

The petitioner, a native of the State of Oklahoma and a United 

States citizen by birth, 56 years old, male, seeks immediate relative 

status on behalf of the beneficiary as his wife. The beneficiary is a 

native and citizen of the Philippines, 29 years old. The parties were 

married at Mabalacat, Pampanga, Philippines on June 21, 1965. The 

status of the husband is shown as divorced. The beneficiary has not 

been previously married. 

The petitioner executed a sworn statement before a Service officer 

on May 23, 1968. He testified that on June 19, 1946 at Manila, Philippines he was married to Luz Dacanay, a native and citizen of the 

Republic of• the Philippines. They had four children, ages 20, 19, 17 

and 15 years, all born in the Philippines and all registered as United 

States citizens at the United States Embassy. at Manila. He separated 

from his first wife in 1959 by mutual consenkIn June 196* he returned 

from the Philippines to his home in Mutual, Oklahoma and subsequently contacted an attorney at El Paso, Texas who advised him that 

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Interim Decision #1894 

he could obtain a Mexican divorce at Juarez, Chihuahua, Mexico and 

that it was not necessary for either party to appear in the Mexican 

Court. The petitioner secured the necessary documents and mailed 

them to the attorney and was never physically present in the court at 

Juarez, Chihuahua, Mexico, before or during the divorce proceedings 

and neither was his wife ;He returned to the Philippines and his attorney mailed his divorce decree in early September 1964. 

The file contains a copy and translation of the divorce decree obtained by the petitioner in the First Civil Court of the Bravos District, 

Chihuahua, Republic of Mexico on August 19, 1964. There is also a 

communication dated May 26, 1966 from the United States Embassy 

at Manila, Philippines disapproving the registration application as 

Ampfican citizens of the petitioner's children, Ana Marie Allison and 

Errol James Allison in the absence of evidence that his Mexican "mail 

order" divorce was valid and his subsequent marriage was legal. However, the petitioner was informed he would be afforded an opportunity, 

to present evidence that such divorce is recognized as valid under 

Oklahoma law. On June 21, 1967 the petitioner presented a decree of 

the District Court of Woodward County, State of Oklahoma finding 

the Mexican divorce valid in all respects and concluding that the bonds 

of matrimony existing by and between the parties thereto were dissolved by such decree; that the parties Were divorced on August 19, 

1964 by decree of divorce in the First Civil Court of the Bravos District of Mexico; and that it is a valid dissolution of the bonds of matri-. 

mainly in full force and effect as of the date of the decree. On October 23, 

1967 the United States Embassy at Manila informed the petitioner 

that the Department of State had approved the registration as American citizens of the petitioner's children, Ana Marie Allison and her 

brothers Errol James and Don Henry_ The memorandum of the Officer 

in Charge reflects that this information was known to that office. 

However, the petitioner was advised that this Service does not recognize the Mexican divorce unless one or both of the principals involved 

were physically present in the court where the proceedings were held. 

In Hatter of Dagarno,e, 11 I. & N. Dec. 109, which involved a divorce 

obtained by the citizen husband from his Filipino wife, we held that 

absent a recognition of the validity of the petitioner's Mexican "mail 

order" divorce by the State of Washington, the state of residence and 

domicile of the petitioner, a United States citizen, it would not be 

recognized as valid in the Philippine Islands for the purpose of his 

subsequent marriage to the beneficiary, a native and citizen of the 

Philippines. However, the instant case differs in that there is evidence 

in the file in the form of a court decree of the petitioner's state of 

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Jakteruu amt.lettuu. wloas 

residence and domicile, Oklahoma, that it recognizes and considers 

valid the Mexican divorce decree.' In view thereof the visa petition 

will be approved. 

ORDER: It is ordered that the visa petition be approved for im. 

mediate relative status. 

'Also see Matter of Freeman, 11 I. & N. Dee. 482; Matter of Whiteharat, Int. 

Dec. No. 1761. 

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