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USC divorced Pinay, how can the Pinay get re-married in the PH?

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Hello guys!

It's been a while since I posted. I hope I posting in the correct forum. Anyway, a little background,

PInay and USC married in the PH years ago, the USC stayed in the PH for a few months. He went back to the US and didn't file any petition (as much as I know). He divorced the Pinay then got remarried with another USC. The pinay wanted to get re-married in the PH with a pinoy ( no US immigration intention). However, she said that she can't because her marriage with the USC is still valid since it was not annulled in the PH. She and her pinoy partner married in the Church but of course no legal paperwork involved.

I read something in the forum that if the USC filed for divorce, it will be recognized in the PH. The pinay never went to the US and stayed in the PH.

The question are:

1. What are the process to be taken by the pinay to get some proof that the marriage is no longer valid. (She wanted to get her marriage with her current partner to be recognized in the PH).

2. Or, is her filling an annulment the only way to get her church wedding legalized?

Thanks in advance!

:)

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Hello guys!

It's been a while since I posted. I hope I posting in the correct forum. Anyway, a little background,

PInay and USC married in the PH years ago, the USC stayed in the PH for a few months. He went back to the US and didn't file any petition (as much as I know). He divorced the Pinay then got remarried with another USC. The pinay wanted to get re-married in the PH with a pinoy ( no US immigration intention). However, she said that she can't because her marriage with the USC is still valid since it was not annulled in the PH. She and her pinoy partner married in the Church but of course no legal paperwork involved.

I read something in the forum that if the USC filed for divorce, it will be recognized in the PH. The pinay never went to the US and stayed in the PH.

The question are:

1. What are the process to be taken by the pinay to get some proof that the marriage is no longer valid. (She wanted to get her marriage with her current partner to be recognized in the PH).

2. Or, is her filling an annulment the only way to get her church wedding legalized?

Thanks in advance!

:)

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option 2.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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option 2.

Yes, you need to file for annulment in the philippines since they get married there.

Thanks Lirfita and Darnell. So the marriage being recognized as dissolved after USC divorced the Pinay only applicable to those who were married here?

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no, that's not the point.

the point is that for a foreign divorce, where the foreign spouse is the petitioner (not the pinay)

the only way to register and get the annulment

is to file for it, showing the usa divorce decree where the pinay is clearly listed as the respondent.

if the pinay is the divorce petitioner, well, sorry, annulment won't be granted.

it's a sticking point, who divorced who...

location of marriage not matter.


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.visajourney.com/wiki/index.php/NVC_Process

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

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no, that's not the point.

the point is that for a foreign divorce, where the foreign spouse is the petitioner (not the pinay)

the only way to register and get the annulment

is to file for it, showing the usa divorce decree where the pinay is clearly listed as the respondent.

if the pinay is the divorce petitioner, well, sorry, annulment won't be granted.

it's a sticking point, who divorced who...

location of marriage not matter.

Thanks Darnell. There is no petitioner in this case. The USC is also the one who filed the divorced. So will that rule apply then?

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sorry, in usa, is always petitioner label and respondent label, in any divorce case. is not uscis labels here, is divorce court labels.


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.visajourney.com/wiki/index.php/NVC_Process

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

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Since the USC initiated the divorce, the Pinay can file a case with the court to get the divorce recognized. It isn't necessarily a given that it will be approved however, and in the case it is denied, then she would need to go down the annulment path...

http://www.hg.org/article.asp?id=20090


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Thanks Darnell. There is no petitioner in this case. The USC is also the one who filed the divorced. So will that rule apply then?

Petitioner = the one who initiated/filed for the divorce...

Edited by tolitzpogi

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I do not understand the statement( " She and her pinoy partner married in the Church but of course no legal paperwork involved".) In your post. There would of had to be some kind of paperwork regardless if it was a church or civil wedding to make the marriage legal. Marriage certificate would of had to be sent to the NSO.

If the USC citizen file the divorce in the USA then the Philippine government should recognize it. but as mention, you might have to file a case with the court there to get it recognize.

It would probably help a lot if you could get the divorce papers or record from the court where the divorce was filed. I am not sure but.that might show who the petition was that file the divorce


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Hello guys!

It's been a while since I posted. I hope I posting in the correct forum. Anyway, a little background,

PInay and USC married in the PH years ago, the USC stayed in the PH for a few months. He went back to the US and didn't file any petition (as much as I know). He divorced the Pinay then got remarried with another USC. The pinay wanted to get re-married in the PH with a pinoy ( no US immigration intention). However, she said that she can't because her marriage with the USC is still valid since it was not annulled in the PH. She and her pinoy partner married in the Church but of course no legal paperwork involved.

I read something in the forum that if the USC filed for divorce, it will be recognized in the PH. The pinay never went to the US and stayed in the PH.

The question are:

1. What are the process to be taken by the pinay to get some proof that the marriage is no longer valid. (She wanted to get her marriage with her current partner to be recognized in the PH).

2. Or, is her filling an annulment the only way to get her church wedding legalized?

Thanks in advance!

:)

The first question that needs to be answered is it recorded anywhere in the Philippines? If the answer is no, then she will have a clean NSO and CENOMAR to use to get married again. If she recorded the marriage to the USC in the Philippines and the USC divorced her, then she needs to get a copy of the divorce documents (certified true) and follow the steps to have it officially recorded and dissolved through the Philippines court system.

I have posted in another thread the steps that need to be taken. (Some here call the process annulment but it is the recording of the divorce initiated by a USC) Do a search and you will find it. If you are unable to private an email to me and I will give you the step by step instructions. I have done this before so I am versed in the steps.


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The first question that needs to be answered is it recorded anywhere in the Philippines? If the answer is no, then she will have a clean NSO and CENOMAR to use to get married again. If she recorded the marriage to the USC in the Philippines and the USC divorced her, then she needs to get a copy of the divorce documents (certified true) and follow the steps to have it officially recorded and dissolved through the Philippines court system.

I have posted in another thread the steps that need to be taken. (Some here call the process annulment but it is the recording of the divorce initiated by a USC) Do a search and you will find it. If you are unable to, private an email to me and I will give you the step by step instructions. We have done this before so I am versed in the steps.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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POA, you said that there's no legal paperwork involved in your friend's church wedding. It is not an official wedding so the only way for them to be legally husband and wife is to get married again with all the necessary paperwork properly filed (marriage license etc..).

Of course provided that NSO acknowledges the divorce decree first. So get that doc ASAP!!!

Edited by apple21

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sorry, in usa, is always petitioner label and respondent label, in any divorce case. is not uscis labels here, is divorce court labels.

Thanks Darnell! I wasn't aware. :) When I think of Petitioner i just think of the Immigration petitioner. :)

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