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divorced in US but marriage not annuled in Philippines

#1 sophiedee

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Posted 17 June 2012 - 12:58 AM

hi! my bf wants to file for a fiance visa for me. he just got divorced and it's finalized already...that means their marriage in US is divorced but their marriage in Philippines is not annuled yet. what happened is that they first got married in Phils few years ago, then my bf got back to US then petitioned his then wife. can he file for a fiance visa for me or he still has to annul their marriage in phils? please please help
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#2 ALABANGGIRL

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Posted 17 June 2012 - 01:31 AM

hi! my bf wants to file for a fiance visa for me. he just got divorced and it's finalized already...that means their marriage in US is divorced but their marriage in Philippines is not annuled yet. what happened is that they first got married in Phils few years ago, then my bf got back to US then petitioned his then wife. can he file for a fiance visa for me or he still has to annul their marriage in phils? please please help


The first marriage of my friend husband was held in Phil 20 yrs ago, both of them are USC, (guy is pinoy and girl is white) after 15 yrs, got divorced because of incompatibility and culture differences. My friend met his husband in 2003 and petitioned her a year after. They are here now in US...only problem is, they cant get married in Phil because his husband first marriage was not yet annuled until now...
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#3 hcdt

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Posted 17 June 2012 - 02:27 AM

Divorce is not allowed in the Philippines and divorce secured anywhere by a Filipino is not recognized in this jurisdiction. If you’re a Filipino, it doesn’t matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world – are bound by Philippine laws on family rights and duties, status, condition, and legal capacity. In certain instances, however, a divorce validly secured abroad by a non-Filipino may be recognized here in the Philippines.

Is there a legal provision that recognizes divorce in the Philippines?

Yes. On 6 July 1987, President Corazon Aquino signed Executive Order No. 209, otherwise known as the “Family Code.” Article 26 of this law, which took effect on 3 August 1988, reads:

All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35, 37, and 38.

On 17 July 1987, Executive Order No. 227 was signed into law, amending Article 26 of the Family Code, among others. Article 26 now reads:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

What are circumstances that would make Article (Family Code) applicable?

We have a basic discussion on Article 26 of the Family Code. Included in that discussion are the two elements that must be shown before the second paragraph of Article 26 is applied:

There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and
A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.
Is this provision applicable to former Filipinos?

Yes. Article 26 was later interpreted by the Supreme Court to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry. (Philippines vs. Orbecido III, G.R. No. 154380, 5 October 2005).

Article 26 provides that the divorce must be secured by the foreigner-spouse. What if the foreigner-spouse continually maltreats the Filipino/Filipina spouse, isn’t it unfair that the Filipino/Filipina can’t initiate divorce?

It may be unfair, but that’s the law, consistent with the State’s policy of not allowing divorce for Filipinos. This doesn’t mean, however, that the Filipino/Filipina has no other recourse. If the circumstances fall under the grounds for annulment/declaration of nullity, then the marriage could still be annulled or declared null and void from the beginning.

If there’s already a divorce validly secured abroad (by the foreigner-spouse or the Filipino spouse who became a foreign citizen, losing his/her Filipino citizenship in the process), can the Filipino spouse immediately remarry?

No. The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in the Philippines.

Isn’t it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.
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#4 hcdt

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Posted 17 June 2012 - 02:42 AM

hi! my bf wants to file for a fiance visa for me. he just got divorced and it's finalized already...that means their marriage in US is divorced but their marriage in Philippines is not annuled yet. what happened is that they first got married in Phils few years ago, then my bf got back to US then petitioned his then wife. can he file for a fiance visa for me or he still has to annul their marriage in phils? please please help

yes he can petition you, but there is tendency that you'll have a problem on your interview, just to play safe tell him that he needs to file here in the Philippines court so that the divorce decree will be recognize here, but some of my friends they didn't have problem filing for k1 even their fiance had a filipina wife, even you get married in US once he gets you, you can never report your marriage here the Philippines because in philippine government they are still married. that is what happen to my friend. have your fiance file a petition for recognition of a foreign divorce decree with the appropriate court in the Philippines. BUT still he can petition for you :) you may be approved at the interview it will be the CFO who will give more probs they will ask a lot of docs before they allow you to get the seminar but as long as you can provide what they ask you are good to go, but for me i would ask him to file for it here in the Philippines court while you petition is on process :)
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#5 lawren14

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Posted 17 June 2012 - 03:24 AM

hi! my bf wants to file for a fiance visa for me. he just got divorced and it's finalized already...that means their marriage in US is divorced but their marriage in Philippines is not annuled yet. what happened is that they first got married in Phils few years ago, then my bf got back to US then petitioned his then wife. can he file for a fiance visa for me or he still has to annul their marriage in phils? please please help




All I know is, if your USC boyfriend was once married here in the Phil, and had that marriage broken through a divorce in the US, and was NOW granted, he can file for a K1 visa for you. K1 only needs the both of you to be LEGALLY FREE TO MARRY IN THE US and not in the Philippines. Your petitioner is a USC and he's under the US law and not the Philippine law. It doesn't matter if he and his wife got married here in the Phil. As long as he's divorced now, that's okay. There will be a problem if its you (the beneficiary) whose married. We have consulted it already with a lawyer that's why I know. :) You and your fiance might want to seek professional help for assurance. It will give you peace of mind.. :)

Edited by lawren14, 17 June 2012 - 03:28 AM.

  • 1
I-129F Sent : 2012 Feb 29
I-129F NOA1 : 2012 Mar 06
I-129F NOA2 : 2012 July 09
NVC case number: 2012 July 24
NVC notice received: 2012 July 30
Medical Exam : 2012 Aug 13-14.. PASSED :)
INTERVIEW : 2012 Sept 13.. PASSED!!!! THANK YOU SO MUCH, LORD!
VISA DELIVERED: 2012 Sept 19

AOS
sent - dec 7,2012
noa1 - dec10,2012
bio - jan 7,2013
ead approved - feb 1, 2013
ead on hand -
*** TO GOD BE THE GLORY ***

#6 hcdt

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Posted 17 June 2012 - 03:47 AM

All I know is, if your USC boyfriend was once married here in the Phil, and had that marriage broken through a divorce in the US, and was NOW granted, he can file for a K1 visa for you. K1 only needs the both of you to be LEGALLY FREE TO MARRY IN THE US and not in the Philippines. Your petitioner is a USC and he's under the US law and not the Philippine law. It doesn't matter if he and his wife got married here in the Phil. As long as he's divorced now, that's okay. There will be a problem if its you (the beneficiary) whose married. We have consulted it already with a lawyer that's why I know. :) You and your fiance might want to seek professional help for assurance. It will give you peace of mind.. :)

I agree to that :) but if she wants to report their marriage here in the Philippines she can't because the divorce decree isn't recognize yet by any court here, plus the CFO might question it, yes he can petition her, go to her interview but nowadays CFO is making everything too difficult for the applicants. but in every problem there's a solution, i know she can make it :), but remember don't just get ready for the petition and interview only also for CFO because without CFO seminar and sticker on your passport you can't leave Philippines... it is so unfair after all the process but that's the rules and law...
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#7 lawren14

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Posted 17 June 2012 - 04:29 AM

I agree to that :) but if she wants to report their marriage here in the Philippines she can't because the divorce decree isn't recognize yet by any court here, plus the CFO might question it, yes he can petition her, go to her interview but nowadays CFO is making everything too difficult for the applicants. but in every problem there's a solution, i know she can make it :), but remember don't just get ready for the petition and interview only also for CFO because without CFO seminar and sticker on your passport you can't leave Philippines... it is so unfair after all the process but that's the rules and law...



Really? Gosh.... thanks for the info.. will surely prepare for it. Good thing I have heard about it this early. have you known someone who wasn't able to leave bec of CFO? Its scary... huhuhu :wacko:
  • 0
I-129F Sent : 2012 Feb 29
I-129F NOA1 : 2012 Mar 06
I-129F NOA2 : 2012 July 09
NVC case number: 2012 July 24
NVC notice received: 2012 July 30
Medical Exam : 2012 Aug 13-14.. PASSED :)
INTERVIEW : 2012 Sept 13.. PASSED!!!! THANK YOU SO MUCH, LORD!
VISA DELIVERED: 2012 Sept 19

AOS
sent - dec 7,2012
noa1 - dec10,2012
bio - jan 7,2013
ead approved - feb 1, 2013
ead on hand -
*** TO GOD BE THE GLORY ***

#8 sophiedee

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Posted 17 June 2012 - 05:23 AM

I agree to that :) but if she wants to report their marriage here in the Philippines she can't because the divorce decree isn't recognize yet by any court here, plus the CFO might question it, yes he can petition her, go to her interview but nowadays CFO is making everything too difficult for the applicants. but in every problem there's a solution, i know she can make it :), but remember don't just get ready for the petition and interview only also for CFO because without CFO seminar and sticker on your passport you can't leave Philippines... it is so unfair after all the process but that's the rules and law...




ok what is CFo? lol thanks
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#9 Darnell

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Posted 17 June 2012 - 05:45 AM

maybe time to ready Wally G's post?
Wally G http://www.visajourn...dpost&p=5369357

Then click through all of the links he's put there - get more info.
  • 0

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly !  Want NVC Info? see http://www.visajourn...php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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#10 hcdt

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Posted 17 June 2012 - 06:05 AM

ok what is CFo? lol thanks

CFO stands for Commission on Filipinos Overseas, you need to do the pre-departure orientation seminar in any 3 CFO addresses here in Manila or there's 1 in Cebu, then after that you have to get the CFO sticker. they will put it on your passport without the sticker they are not going to let you check in or leave.

Edited by hcdt, 17 June 2012 - 06:13 AM.

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#11 hcdt

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Posted 17 June 2012 - 06:10 AM

Really? Gosh.... thanks for the info.. will surely prepare for it. Good thing I have heard about it this early. have you known someone who wasn't able to leave bec of CFO? Its scary... huhuhu :wacko:

there's a lot of filipino that got their flights cancelled because they didn't had CFO sticker, when i attended seminar before there was a lady with us in the room with her luggage with her, she was about to leave but they didn't let her check in, so she re-booked her flight at nite time Glad they had flight for nite time(i know international flights are 24/7 hehehe)so after she finished the seminar she went to get her CFO sticker and headed back to the airport and finally she left Philippines :)
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#12 hcdt

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Posted 17 June 2012 - 06:22 AM

there's a lot of filipino that got their flights cancelled because they didn't had CFO sticker, when i attended seminar before there was a lady with us in the room with her luggage with her, she was about to leave but they didn't let her check in, so she re-booked her flight at nite time Glad they had flight for nite time(i know international flights are 24/7 hehehe)so after she finished the seminar she went to get her CFO sticker and headed back to the airport and finally she left Philippines :)

and addition to that you can attend the seminar even you don't have your visa yet or you're still processing the petition because there's no expiration on CFO seminar certificate, once you have your visa you can go back and get your sticker :), for my own opinion i think it is safe to do attend the seminar now because they're going to ask only few docs, unlike when you have the visa they're going to ask a lot of docs BUT i only base it on what i know, I really don't know why CFO is so strict nowadays :( i was scared too LOL my fiance is also divorced and they always asked for the copy of divorce decree at CFO office, when we think of filing the petition my fiance didn't get his divorce decree yet but i'm glad i have it in advance now, but i wish we'll get our noa2 soon :(
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#13 sophiedee

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Posted 17 June 2012 - 07:40 AM

and addition to that you can attend the seminar even you don't have your visa yet or you're still processing the petition because there's no expiration on CFO seminar certificate, once you have your visa you can go back and get your sticker :), for my own opinion i think it is safe to do attend the seminar now because they're going to ask only few docs, unlike when you have the visa they're going to ask a lot of docs BUT i only base it on what i know, I really don't know why CFO is so strict nowadays :( i was scared too LOL my fiance is also divorced and they always asked for the copy of divorce decree at CFO office, when we think of filing the petition my fiance didn't get his divorce decree yet but i'm glad i have it in advance now, but i wish we'll get our noa2 soon :(


wow that's gonna be really bad if they dont give me the sticker :-( oh well i just hope they will. thanks for all your help :-)
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#14 DouglasFiel

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Posted 17 June 2012 - 09:02 AM

hi! my bf wants to file for a fiance visa for me. he just got divorced and it's finalized already...that means their marriage in US is divorced but their marriage in Philippines is not annuled yet. what happened is that they first got married in Phils few years ago, then my bf got back to US then petitioned his then wife. can he file for a fiance visa for me or he still has to annul their marriage in phils? please please help


Your BF does not need to get annulment in the Philippines. I was in the same situation and re-married in the PI. You have to provide divorce decrees...
But, there is no where,,, it is mentioned (as far as the Philippines Government) is concerned the previous citizenship of your ex-wife. The US government
will know from the paperwork,,, but, again the USCIS is just concerned the divorce is properly documented and that the previous marriage was not fraudulent
for the purposes of obtaining a visa.

Regards,
dc
  • 1

#15 ~happyndinlove~

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Posted 17 June 2012 - 09:24 AM

i just hope they will.

As long as you "bow" to their "power tripping", they will.

CFO, especially PRISM is well known to harass and power trip attendees.

Bringing everything when you attend the seminar is always a great idea but, based on my (and others') experiences, it all depends on their "MOODs". :devil:

Good Luck! :thumbs:
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