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Got Married in P.I., Got Divorced in the States

#1 Lancelotte25

Lancelotte25

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Posted 13 September 2009 - 12:55 AM

My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

  • 0
Dec 15,2009 - Assigned interview date on January 24,2010!!
Jan. 24, 2010 - Interview!! Approved
Jan. 28, 2010 - VISA received
Mar. 03,2010 - POE, New York (JFK)

Apr. 12,2010- CA ID
May 20,2010- CA Driving License
May, 25,2010-Wife told me that she is pregnant ^_^
Jan.25,2011- Our daughter was born


Lee and Jen + Karenza

#2 Dakine

Dakine

    BIG crab/Anaka



Posted 13 September 2009 - 01:40 AM

QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?

Looks like she "may" have committed bigamy if she married you in PI.!

Where do you live now?

Edited by Haole, 13 September 2009 - 01:44 AM.

  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#3 Lancelotte25

Lancelotte25

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Posted 13 September 2009 - 01:46 AM

QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.

  • 0
Dec 15,2009 - Assigned interview date on January 24,2010!!
Jan. 24, 2010 - Interview!! Approved
Jan. 28, 2010 - VISA received
Mar. 03,2010 - POE, New York (JFK)

Apr. 12,2010- CA ID
May 20,2010- CA Driving License
May, 25,2010-Wife told me that she is pregnant ^_^
Jan.25,2011- Our daughter was born


Lee and Jen + Karenza

#4 Lady AA

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Posted 13 September 2009 - 01:54 AM

QUOTE (Lancelotte25 @ Sep 13 2009, 01:46 AM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.




She must be annulled here in the Philippines because Philippine government don't recognized divorce. You and your girl can't get married here in the Philippines
  • 0
May 20, 2009 - I-130 sent
Aug. 21, 2009 - I-130 APPROVED
Sept. 01, 2009 - NVC received & case# assigned
Oct. 19, 2009 - Log-in FAILED (YEPEE!!!!)
Oct. 20, 2009 - Case COMPLETE!!! (confirmed by the NVC operator)
Oct. 27, 2009 - Interview Date assign(By NVC operator)
Nov. 16-17, 2009 - Medical PASSED
Dec. 04, 2009 - INTERVIEW(APPROVED!!!)
Dec. 08, 2009 - Visa pick-up at the Embassy
Dec. 16, 2009 - CFO
Dec. 19, 2009 - My Flight - POE (JFK New York) via NWA





Thank you Lord for guiding me in this journey.



Posted Image

#5 Dakine

Dakine

    BIG crab/Anaka



Posted 13 September 2009 - 01:56 AM

QUOTE (Lancelotte25 @ Sep 12 2009, 08:46 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.


She may be OK then. Did she report the divorce to the Philippine consulate in the US or PI. Easy way to check is for her to file for a NSO marriage index or a NSO CENOMAR.
Can be done online.
If she didn't notify the PI government the NSO will show her as still married.

QUOTE (Lancelotte25 @ Sep 12 2009, 08:46 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.


She may be OK then. Did she report the divorce to the Philippine consulate in the US or PI. Easy way to check is for her to file for a NSO marriage index or a NSO CENOMAR.
Can be done online.
If she didn't notify the PI government the NSO will show her as still married.

https://www.ecensus....re/frmIndex.asp

Edited by Haole, 13 September 2009 - 01:59 AM.

  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#6 Dakine

Dakine

    BIG crab/Anaka



Posted 13 September 2009 - 02:00 AM

QUOTE (Lady AA @ Sep 12 2009, 08:54 PM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 13 2009, 01:46 AM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.




She must be annulled here in the Philippines because Philippine government don't recognized divorce. You and your girl can't get married here in the Philippines

Sounds like they already did get married! They "may" be OK tho if the divorce in the US was initiated by her ex husband. I'm not sure!

Edited by Haole, 13 September 2009 - 02:02 AM.

  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!

#7 Lady AA

Lady AA

    Senior Member

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Posted 13 September 2009 - 02:05 AM

QUOTE (Haole @ Sep 13 2009, 02:00 AM) <{POST_SNAPBACK}>
QUOTE (Lady AA @ Sep 12 2009, 08:54 PM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 13 2009, 01:46 AM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.




She must be annulled here in the Philippines because Philippine government don't recognized divorce. You and your girl can't get married here in the Philippines

Sounds like they already did get married! They "may" be OK tho if the divorce in the US was initiated by her ex husband. I'm not sure!



Yes Haole, I read again the post, they are already married.
  • 0
May 20, 2009 - I-130 sent
Aug. 21, 2009 - I-130 APPROVED
Sept. 01, 2009 - NVC received & case# assigned
Oct. 19, 2009 - Log-in FAILED (YEPEE!!!!)
Oct. 20, 2009 - Case COMPLETE!!! (confirmed by the NVC operator)
Oct. 27, 2009 - Interview Date assign(By NVC operator)
Nov. 16-17, 2009 - Medical PASSED
Dec. 04, 2009 - INTERVIEW(APPROVED!!!)
Dec. 08, 2009 - Visa pick-up at the Embassy
Dec. 16, 2009 - CFO
Dec. 19, 2009 - My Flight - POE (JFK New York) via NWA





Thank you Lord for guiding me in this journey.



Posted Image

#8 Lancelotte25

Lancelotte25

    Gold Member

  • PipPipPipPipPipPipPipPip


Posted 13 September 2009 - 02:12 AM

QUOTE (Haole @ Sep 13 2009, 09:56 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 08:46 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.


She may be OK then. Did she report the divorce to the Philippine consulate in the US or PI. Easy way to check is for her to file for a NSO marriage index or a NSO CENOMAR.
Can be done online.
If she didn't notify the PI government the NSO will show her as still married.

QUOTE (Lancelotte25 @ Sep 12 2009, 08:46 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.


She may be OK then. Did she report the divorce to the Philippine consulate in the US or PI. Easy way to check is for her to file for a NSO marriage index or a NSO CENOMAR.
Can be done online.
If she didn't notify the PI government the NSO will show her as still married.

https://www.ecensus....re/frmIndex.asp



Thanks Haole, we didn't informed NSO that she is divorced already but she obtained a Legal Capacity from the US Embassy in Manila before we got married.

  • 0
Dec 15,2009 - Assigned interview date on January 24,2010!!
Jan. 24, 2010 - Interview!! Approved
Jan. 28, 2010 - VISA received
Mar. 03,2010 - POE, New York (JFK)

Apr. 12,2010- CA ID
May 20,2010- CA Driving License
May, 25,2010-Wife told me that she is pregnant ^_^
Jan.25,2011- Our daughter was born


Lee and Jen + Karenza

#9 tallcoolone

tallcoolone

    The Best



Posted 13 September 2009 - 06:12 AM

QUOTE (Lady AA @ Sep 13 2009, 01:54 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 13 2009, 01:46 AM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.




She must be annulled here in the Philippines because Philippine government don't recognized divorce. You and your girl can't get married here in the Philippines


Wrong,

If a USC files for divorce in USA and divorce is granted, then the Philippine Govt will recognize it.


  • 0
Posted Image
"He always start the fire here in VJ thread and I believe all people will agree with me about it"

#10 abbielovesjeremy

abbielovesjeremy

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Posted 13 September 2009 - 06:28 AM

well also she's a USC now....but i am not sure blush.gif sorry i can't help... unsure.gif
  • 0

Posted Image


Posted Image

Posted Image Posted Image

Visa Journey
08/01/2009 - Sent I-130 package
09/18/2009 - I-130 approved
09/30/2009 - Case number assigned
12/17/2009 - Failed log in / Case completed YES!!
02/03/2010 - VISA interview at 830am -- VISA APPROVED
03/06/2010 - POE San Francisco via PAL
04/17/2010 - GC and SSN in the mail

ROC
01/06/2012 - Sent I-751 package to CSC
01/09/2012 - I-751 delivered at 11:12am / Date of NOA1
01/12/2012 - Check cashed
01/14/2012 - Received NOA1 hard copy
01/20/2012 - Date of ASC Appointment letter
01/25/2012 - Received ASC Appointment letter hard copy
02/07/2012 - Biometrics done
03/06/2012 - CR1 expiration
06/13/2012 - Date ROC approved
06/15/2012 - Ordered new card production
06/19/2012 - USCIS mailed the new card
06/21/2012 - Got approval letter and my 10 year GC in the mail (GC expires 06/15/2022)

#11 tallcoolone

tallcoolone

    The Best



Posted 13 September 2009 - 06:42 AM

QUOTE (abbielovesjeremy @ Sep 13 2009, 06:28 AM) <{POST_SNAPBACK}>
well also she's a USC now....but i am not sure blush.gif sorry i can't help... unsure.gif


Great Post, thanks for all the helpful answers good.gif
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Posted Image
"He always start the fire here in VJ thread and I believe all people will agree with me about it"

#12 Lancelotte25

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Posted 13 September 2009 - 07:45 AM

Thanks guys!! good.gif


  • 0
Dec 15,2009 - Assigned interview date on January 24,2010!!
Jan. 24, 2010 - Interview!! Approved
Jan. 28, 2010 - VISA received
Mar. 03,2010 - POE, New York (JFK)

Apr. 12,2010- CA ID
May 20,2010- CA Driving License
May, 25,2010-Wife told me that she is pregnant ^_^
Jan.25,2011- Our daughter was born


Lee and Jen + Karenza

#13 rheanick

rheanick

    Platinum Member



Posted 13 September 2009 - 11:06 AM

QUOTE (Lancelotte25 @ Sep 13 2009, 02:46 PM) <{POST_SNAPBACK}>
QUOTE (Haole @ Sep 13 2009, 09:40 AM) <{POST_SNAPBACK}>
QUOTE (Lancelotte25 @ Sep 12 2009, 07:55 PM) <{POST_SNAPBACK}>
My wife were once married in the year 1991 to a USC, and got divorced in the year 1995.
She is a USC now,I know her thru my aunt in the year 2003, we got married in the Philippines on July 2008.

Any info that after her divorced in the States, she is free to get married again?

Where was your wife first married?
Also who initiated her divorce? Her or the ex hubby?


She got married in the Philippines in 1991.
Her husband initiated the divorce in 1995.



As long as the USC initiated and filed for divorce, then she is free. The Philippines government would recognize this divorce since it was filed by the USC. The Philippines government won't recognize the divorce if the filer is the filipina. The filipina should file for annulment here in the Philippines to dissolve the marriage.

If she is not able to submit the divorce paper, she should do it immediately to change her status in the NSO.
  • 0
K1 Process:
May 1, 2008 Submitted I-129F to CSC
May 8, 2008 Received by CSC
May 9, 2008 NOA1
May 18, 2008 Touched
October 9, 2008 RFE
October 28, 2008 RFE Reply
October 29, 2008 Touched
October 30, 2008 Touched
November 1, 2008 NOA2 (HardCopy)
November 11, 2008 Letter from NVC (Hardcopy)
November 14 & 17, 2008 Medical (Passed)
November 26, 2008 Interview (Passed)
December 5, 2008 Visa Received
December 23, 2008 US Entry (POE: Hawaii)
February 7, 2009 Private Wedding

AOS Process:
March 9, 2009 Mailed AOS Application via Express Mail (I-485, I-765, I-131)
March 10, 2009 USPS confirmed that AOS application was delivered and received in Chicago
March 18, 2009 Received NOA for AOS, EAD and AP
April 8, 2009 Biometrics Done
April 27, 2009 AP Approved
May 1, 2009 AP received in the mail
May 2, 2009 EAD card received in the mail
May 29, 2009 AOS interview (Approved)
June 29, 2009 GC received

ROC Process
March 1, 2011 Mailed I-175 Application via Express Mail
March 4 ,2011 NOA for I-175
April 05,2011 Biometrics [Early Biometrics March 22, 2011]
April 21,2011 Approval
April 27,2011 10 Year Green Card Received

Naturalization Process
March 6, 2012 Mailed N-400 Application via Express Mail

[/size]

#14 Hoot

Hoot

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Posted 13 September 2009 - 12:30 PM


The rule is simple. If a citizen of the Philippines - they are governed by philippine law. However - Philippine law contains an exception for filipinos who marry a foreigner. If the Foreigner files the divorce outside the Philippines - the Philippine government recognizes this divorce as valid as a relief to the filipino who themselves is not allowed to divorce. This exception ONLY applies if the foreign spouse (Not the filipino) files the divorce.

If the original marriage took place in the Philippines - the filipino needs to file some simple paperwork. That paperwork will cause the original NSO marriage certificate to be annotated and then the filipino is allowed to remarry.

In this case - it appears as if the marriage took place outside of philippines and that the NSO is not aware of the marriage. Theoretically, your wife should have reported her 1st marriage to the philippine consulate which would have filed it with the NSO. From a practical standpoint - you probably want to do nothing at this point. You are fine.

Hoot n Dolly
  • 0
I-130 USCIS CR-1 Visa Journey
Service Center: Vermont Service Center
Consulate: Manila, Philippines

08/18/2008 - Marriage
01/27/2009 - I-130 Sent
02/06/2009 - I-130 NOA1
02/12/2009 - I-130 NOA1 Hardcopy Received
02/15/2009 - I-129F Sent
02/16/2009 - Our Baby Boy is born !!!
02/23/2009 - I-129F NOA1
03/16/2009 - I-130 Touch
04/24/2009 - I-129F NOA2 Approved
04/24/2009 - I-130 NOA2 Approved
04/30/2009 - I-129F Forwarded to Manila

#15 Dakine

Dakine

    BIG crab/Anaka



Posted 13 September 2009 - 12:48 PM

"The rule is simple. If a citizen of the Philippines - they are governed by philippine law. However - Philippine law contains an exception for filipinos who marry a foreigner. If the Foreigner files the divorce outside the Philippines - the Philippine government recognizes this divorce as valid as a relief to the filipino who themselves is not allowed to divorce. This exception ONLY applies if the foreign spouse (Not the filipino) files the divorce."

DITTO!
I've been trying to find the link for this but couldn't.

OPs wife WAS married in PI both times.
Her husband did file for the divorce.

She needs to register with NSO or the courts. Don't know the process.
  • 0
K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship
!! ALL PAU!



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