divorced in US but marriage not annuled in Philippines

[hcfrey 6]

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".

Good Luck!

yes i agree, i don't know why they're doing that, sometime if they take their meds before going to work they are all in good mood. lol

[pinay23 0]

I am married in the Philippines but i got my divorced in HongKong. My husband is divorced and a US citizen and he applied for the fiancee visa back when i was in HK and we were approved and married here in the US now. If you are single and your fiance is a USC he can apply for the fiancee visa for you.

[Adam & May 4]

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.

[renecherubs 18]

My fiance(now husband) got married in Phils. In 1993.petitioned ex-wife and kids in 1997. Divorced in 2008 in US.We met 2010 and he petitioned me for k1. We got rfe twice for the confusion over his petition with ex wife. So, we made an imbra waiver as per request by uscis. We submitted his ex-wife's noa2 stating it was not k1 but Cr1 he filed for ex-wife.my husband too asked his ex-wife her A#. And also along with this petition,a divorce decree was submitted along the petition. I was never married so, there was no problem with my side.Load your petition with all necessary documents. Back up answers with supporting documents. Just like a question on previous petition. Attach noa2 or any related documents on this previous petition. But yes, you're bf can petition you as he is already a USC.good luck and god bless. Love will find a way.

[VirtualLee 12]

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 only law that will apply here is the US law.. So it doesn't matter if they still married here in the Philippines, but you cannot get married unless he's annuled.. Unless ur also married Here and got seperated.

[christelle69 0]

I hope this is the appropriate forum! I am in need of some serious HELP!! Hahaha! This visa process will drive you batty!! I dont even know where to begin my long and sordid tale! Hahaha! Ok. Here goes. I met my girlfriend 3 years ago in Manila. I'm an American living in Australia, but I am returning to the USA and want to bring her with me.I am divorced so there are no issues there! As soon as MY DIVORCE was finalized she tells me that SHE TOO was MARRIED but she didn't think so, (that's why she never told me),because she was married to the father of her two children WHO WAS PREVIOUSLY MARRIED!!!! She went to Cenomar and was shocked to see her name there! So--she was married to a BIGAMIST! So she went to 3 lawyers and they said YES we can make the marriage null and void but its going to take A YEAR and $3000 and you have to show up for court every time!

This is ABSURD to me! Anyway-I need to get this woman to the USA to be my wife and get a job! Her passport says she is single. She has visited me here in Australia 2 times and returned ,as per her travel visa requirements! She has 2 young children in the Philippines.And no job. I support her and her family and we have heaps of photos together both here and in The Philippines as well as financial support via Western Union! I can get her to the USA on a travel visa, I believe-without too much ado (correct me if I am wrong!) And the 2 small children pretty much will assure her intent to return! And then my plan is to marry her the day after she lands in Las Vegas! Then we will apply for permanent residence status. So now what happens???? The US immigration authorities will check the Cenomar records in P.I.?????????? Do they care if she was in a marriage that will be null and void ANYWAY and we have the proof? Will MY MARRIAGE to her count? Does US law take precedence? Will she be a bigamist?? If they find out will they deny her the permanent residency, deport her and not let her back for 5 years??? I love her and want her with me in the USA and for her to be able to visit her kids once a year!! Any insight into my dilemmas is most appreciated! Thank you all!!!!

[reginakrys 33]

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 Philippines recognizes divorces obtained by US citizens (as long as he was a citizen at the time of the divorce), or any other foreigner, for that matter. He can petition you without any problems. His ex-wife (I'm assuming she's Filipina), however, might have to go to court to have the divorce recognized by Philippine courts in order for her to be free to remarry. But that's not your problem.

[reginakrys 33]

I can get her to the USA on a travel visa, I believe-without too much ado (correct me if I am wrong!) And the 2 small children pretty much will assure her intent to return! And then my plan is to marry her the day after she lands in Las Vegas! Then we will apply for permanent residence status. So now what happens???? The US immigration authorities will check the Cenomar records in P.I.?????????? Do they care if she was in a marriage that will be null and void ANYWAY and we have the proof? Will MY MARRIAGE to her count? Does US law take precedence? Will she be a bigamist?? If they find out will they deny her the permanent residency, deport her and not let her back for 5 years??? I love her and want her with me in the USA and for her to be able to visit her kids once a year!! Any insight into my dilemmas is most appreciated! Thank you all!!!!

You might be mistaken about getting her a tourist visa. You can definitely try to get her one, but having a USC spouse/fiance is a VERY BIG reason for the CO's to suspect intent to immigrate. Her children aren't an assurance either - many mothers leave their children behind to search for greener pastures. Most importantly, it is illegal to use a tourist visa for immigration purposes.

If you love her, fix all the paperwork and do things the legal way. By doing this, you will be protecting her from problems further down the road, like deportation or a lifetime ban.

[christelle69 0]

She has been here to Australia, twice already, and the Australian Visa requirements are just as hard to get - so I don't think that will be difficult. People come to visit places all the time and decide to get married---especially in LAS VEGAS, at the spur of the moment!!!! So intent to deceive would be quite hard to prove so I'm not worried about that. If the Philippines wasn't so difficult to deal with, I wouldn't go this route! And again--what would the process be AFTER I MARRIED HER IN the USA?????????????? What marriage would be valid? Philippine bigamist marriage or American marriage?

[hcfrey 6]

I hope this is the appropriate forum! I am in need of some serious HELP!! Hahaha! This visa process will drive you batty!! I dont even know where to begin my long and sordid tale! Hahaha! Ok. Here goes. I met my girlfriend 3 years ago in Manila. I'm an American living in Australia, but I am returning to the USA and want to bring her with me.I am divorced so there are no issues there! As soon as MY DIVORCE was finalized she tells me that SHE TOO was MARRIED but she didn't think so, (that's why she never told me),because she was married to the father of her two children WHO WAS PREVIOUSLY MARRIED!!!! She went to Cenomar and was shocked to see her name there! So--she was married to a BIGAMIST! So she went to 3 lawyers and they said YES we can make the marriage null and void but its going to take A YEAR and $3000 and you have to show up for court every time!

This is ABSURD to me! Anyway-I need to get this woman to the USA to be my wife and get a job! Her passport says she is single. She has visited me here in Australia 2 times and returned ,as per her travel visa requirements! She has 2 young children in the Philippines.And no job. I support her and her family and we have heaps of photos together both here and in The Philippines as well as financial support via Western Union! I can get her to the USA on a travel visa, I believe-without too much ado (correct me if I am wrong!) And the 2 small children pretty much will assure her intent to return! And then my plan is to marry her the day after she lands in Las Vegas! Then we will apply for permanent residence status. So now what happens???? The US immigration authorities will check the Cenomar records in P.I.?????????? Do they care if she was in a marriage that will be null and void ANYWAY and we have the proof? Will MY MARRIAGE to her count? Does US law take precedence? Will she be a bigamist?? If they find out will they deny her the permanent residency, deport her and not let her back for 5 years??? I love her and want her with me in the USA and for her to be able to visit her kids once a year!! Any insight into my dilemmas is most appreciated! Thank you all!!!!

If I were you get her file annulment first it will take maybe 6 months to a year before she gets the finality and it depends on how the lawyer will handle it, and for the travel/visitors visa, once the CO finds out on her interview that she's going to stay with her BF/fiance she will be only denied, plus she have to prove she have enough resources to support her travel and that resources can't be from you, like her bank accounts they will check it also the statement or the history of the deposits she did, you can't put huge amount of money at once. but the safest way is have her get the annulment and file for k1 if you really love her, and if you want to see her she can visit you there in Australia or you can visit her here in the Philippines.

[santoskaye 0]

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

are you married in the philippines before? then filed for divorce in the US and was able to re-marry in the Philippines?

Edited August 24, 2013 by santoskaye

[santoskaye 0]

i also have a problem similar to this. my partner(US citizen) got married in the Philippines wayback year 2011. month after their wedding, the marriage didn't work out so they got separated(not legally). can he file for a divorce in the US even if the marriage took place in the Philippines. if he can file for a divorce in the US and can get a divorce decree, can he re-marry in the Philippines?

[TBoneTX 43,020]

Old thread is now closed to further comment. Recent post has been split from this thread, moved to the Philippines regional forum, and given the thread title "Divorce Decree OK for CFO? [split topic]."

VJ Moderation