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Divorce

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I'm permanent resident in the USA, and we are married in the Philippines. One year after my arrival here in the USA we decided to get married it was a walk in wedding although we knew we don't need to do that since we are already married in the Philippines and i was petitioned via immigrant visa.

Now, it's been 3 yrs and I want to divorce my husband for some reasons. Can I file for divorce and will it also terminate my marriage in the Philippines or the only marriage that will be terminated is our walk in wedding? Which marriage will be affected by the divorce the Philippine wedding or the US wedding.

Pls tell everything about this whole thing. I appreciate any help.

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I'm permanent resident in the USA, and we are married in the Philippines. One year after my arrival here in the USA we decided to get married it was a walk in wedding although we knew we don't need to do that since we are already married in the Philippines and i was petitioned via immigrant visa.

Now, it's been 3 yrs and I want to divorce my husband for some reasons. Can I file for divorce and will it also terminate my marriage in the Philippines or the only marriage that will be terminated is our walk in wedding? Which marriage will be affected by the divorce the Philippine wedding or the US wedding.

Pls tell everything about this whole thing. I appreciate any help.

I'm sorry, I just got curious with your post but honestly, I cannot relate so I really don't know what to say. I'm sure some people here who are more knowledgeable will help you.

Good luck!

--Mae


N-400 NATURALIZATION

04/04/2011 - Mailed N-400 to AZ Lockbox

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04/07/2011 - Check cashed

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04/21/2011 - Early Biometrics (was scheduled on May 4, 2011)

05/09/2011 - Case Status Notification - In line for interview and testing

05/10/2011 - Case Status Notification - Interview scheduled

05/14/2011 - Interview Appointment Letter in the mail

06/21/2011 - Interview Appointment Date

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08/16/2011 - Case Status Notification - Oath ceremony scheduled

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"Love is a noble act of self-giving, offering trust, faith, and loyalty.

The more you love, the more you lose a part of yourself, yet you don't become less of who you are;

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when u file for divorce there and have it granted .. it WON'T affect ur marriage here in the Philippines. by law ur still legally married to ur husband coz the only legal way to terminate marriage in the Philippines is by LEGAL SEPARATION or ANNULMENT.


AOS

April 7, 2008 Sent AOS Package to Chicago Lockbox

April 14, 2008 Received NOA1

April 17, 2008 Case Touched

April 21, 2008 Received Appointment Letter for Biometrics

May 08, 2008 Biometrics Appointment (Sta. Clara, CA) 9am

May 09, 2008 Touched

May 29, 2008 Repeat Fingerprint (FBI cant produce my fingerprints card)

June 9, 2008 Card production ordered for EAD.

June 15, 2008 Receive AP in mail.

June 17, 2008 Approval Notice Sent. EAD

June 18, 2008 EAD received in mail.

Apply for SSN.

June 19, 2008 Applied for California ID

June 21, 2008 Received interview letter for Adjustment of status.

July 30, 2008 Interview in Sacramento @ 10:15am, Wednesday.

August 4, 2008 Card ordered production.

REMOVAL OF CONDITIONS

May 9, 2010 Sent package to CSC

May 13, 2010 Received NOA1 (containing the notice of 1 year extension of residency)

July 29, 2010 Received BIOMETRICS Letter for AUGUST 20 Appointment (After 83 days from filling I-751)

Aug 20, 2010 Went to scheduled biometrics but unfortunately the USCIS system doesn't accept my fingerprints.

Sept 20, 2010 Repeat Fingerprints.

Sept 24, 2010 Card ordered production.

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Filed: Country: Jamaica
Timeline

Does the marriage in the US count at all since you were legally married in the Phillipines?


Life's just a crazy ride on a run away train

You can't go back for what you've missed

So make it count, hold on tight find a way to make it right

You only get one trip

So make it good, make it last 'cause it all flies by so fast

You only get one trip

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when u file for divorce there and have it granted .. it WON'T affect ur marriage here in the Philippines. by law ur still legally married to ur husband coz the only legal way to terminate marriage in the Philippines is by LEGAL SEPARATION or ANNULMENT.

Legal Separation will never terminated the legality of a Philippine Wedding.. it is only annulment that could. My parents have been legally separated for 20years now and they still need each others signature and approval on even the simplest thing like taking a bank loan... and of course they still cant marry their current partners even though they've been with them for ages.

I agree divorce in the US will also not affect the validity of your Philippine wedding. Maybe it will be best if you will consult a lawyer familiar with Philippine and US marriage laws.


ROC

still waiting for GC replacement

N-400

04/23/2012...... N-400 packet sent to Lewisville, TX via USPS express mail

04/24/2012...... N-400 delivered signed for by J. Arthur; priority date according to NOA1

04/27/2012...... Check cashed

04/30/2012...... Received NOA 1 dated April 26, 2012

06/01/2012...... Received notice for biometrics dated May 29, 2012

06/20/2012...... Biometrics schedule (early bio June 05, 2012)

06/18/2012...... Email notification, N400 placed in line for interview

06/29/2012...... Email notification, N400 scheduled for interview

07/05/2012...... Interview Letter Received

08/07/2012...... Interview (PASSED)

Link to: Full timeline

God is in CONTROL. His time is always better than mine: never too early yet never late, always the perfect time.

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correct .... ONLY ANNULMENT can terminate the marriage :)

thanks dbears


AOS

April 7, 2008 Sent AOS Package to Chicago Lockbox

April 14, 2008 Received NOA1

April 17, 2008 Case Touched

April 21, 2008 Received Appointment Letter for Biometrics

May 08, 2008 Biometrics Appointment (Sta. Clara, CA) 9am

May 09, 2008 Touched

May 29, 2008 Repeat Fingerprint (FBI cant produce my fingerprints card)

June 9, 2008 Card production ordered for EAD.

June 15, 2008 Receive AP in mail.

June 17, 2008 Approval Notice Sent. EAD

June 18, 2008 EAD received in mail.

Apply for SSN.

June 19, 2008 Applied for California ID

June 21, 2008 Received interview letter for Adjustment of status.

July 30, 2008 Interview in Sacramento @ 10:15am, Wednesday.

August 4, 2008 Card ordered production.

REMOVAL OF CONDITIONS

May 9, 2010 Sent package to CSC

May 13, 2010 Received NOA1 (containing the notice of 1 year extension of residency)

July 29, 2010 Received BIOMETRICS Letter for AUGUST 20 Appointment (After 83 days from filling I-751)

Aug 20, 2010 Went to scheduled biometrics but unfortunately the USCIS system doesn't accept my fingerprints.

Sept 20, 2010 Repeat Fingerprints.

Sept 24, 2010 Card ordered production.

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You can file for divorce here but it won't terminate your marriage in the Philippines. Claudeth was told by embassy staff up in L.A. that her marriage could be removed in the Philippines only if I divorced her, not her divorcing me. You have to be the respondant on the petition.


usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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You can file for divorce here but it won't terminate your marriage in the Philippines. Claudeth was told by embassy staff up in L.A. that her marriage could be removed in the Philippines only if I divorced her, not her divorcing me. You have to be the respondant on the petition.

That's correct. A divorce in the US will be recognized in the Philippines only if it is the USC that petitions for the divorce. If her husband files for divorce, it will be recognized in the Philippines and she will not need an annulment.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: K-3 Visa Country: Philippines
Timeline
You can file for divorce here but it won't terminate your marriage in the Philippines. Claudeth was told by embassy staff up in L.A. that her marriage could be removed in the Philippines only if I divorced her, not her divorcing me. You have to be the respondant on the petition.

That's correct. A divorce in the US will be recognized in the Philippines only if it is the USC that petitions for the divorce. If her husband files for divorce, it will be recognized in the Philippines and she will not need an annulment.

She will still need an annulment, this time the grounds is that the USC ex-husband divorced her. It needs to be recognized by Philippine Court and issues the decision and decree to be able to change her NSO data. She can't get an annotated MC by just presenting her divorce decrees at NSO.


05/18/07 married

05/29/07 sent I-130s for me & my daughter at CSC

06/16/07 checks for I-130 cashed

06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed

06/25/07 check for I-129f cashed

06/29/07 transferred I-129f to CSC

07/03/07 received noa1 in the mail for I-129f

10/31/07 approved K3 and my I-130 except for my daughter

11/05/07 received NOA2 in the mail

12/01/07 received mail from NVC/yey we got our case number

12/20/07 went to St. Lukes and had my early medical exam

01/30/08 schedule for medical

02/07/08 interview, approved!

02/12/08 visa pick-up/cfo

02/14/08 POE-LAX

06/19/08 AOS mailed thru USPS

06/22/08 AOS delivered to Chicago IL

06/28/08 check cashed

06/30/08 received NOA1 dated 06/25/08

07/26/08 biometrics appointment

09/09/08 received EAD card in the mail

12/03/08 received interview letter for Jan 21 2009

01/21/09 approved for conditional permanent residence

02/02/09 permanent residence card arrived in the mail

10/21/10 submit form to remove conditions

01/21/11 10 year gc received

03/05/12 mailed my N-400

03/06/12 received email that they have my N-400

04/05/12 biometrics

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You can file for divorce here but it won't terminate your marriage in the Philippines. Claudeth was told by embassy staff up in L.A. that her marriage could be removed in the Philippines only if I divorced her, not her divorcing me. You have to be the respondant on the petition.

That's correct. A divorce in the US will be recognized in the Philippines only if it is the USC that petitions for the divorce. If her husband files for divorce, it will be recognized in the Philippines and she will not need an annulment.

Yup! :thumbs: i agree with the above statements. only the USC can validly divorce their Filipino spouses for it to be recognized in the Philippines. This is based under Art. 15 of the Civil Code of the Philippines. Hence, if you are planning to remarry another Filipino, your marriage will be considered null and void, as you have no legal capacity to contract a second marriage...ooops! i seem to be jumping the gun here...sorry! :bonk:


mikeandlani

our Visa Journey

09.01.06 - Filed I130 to VSC

05.21.07 - NOA2

06.19.07 - NVC receives Petition

11.23.07 - CASE COMPLETE

01.30.08 - USEM Interview

02.02.08 - CR1 Visa Received

03.03.08 - Entered US through Detroit International

03.27.08 - Received 2yr Conditional Resident Card

04.01.08 - Filed for my SSN at the local SSA office

04.05.08 - SSN received by mail

05.03.08 - Finally got my Driver's License

lifting conditions....

I-I-751

12.07.09 - Sent I-751 to VSC by express mail

12.08.09 - I-751 delivered to VSC per USPS tracking :-)

12.09.09 - NOA1 date (Checked cashed :-D)

12.14.09 - Received NOA1

12.18.09 - ASC Appointment Notice Date

12.26.09 - Received ASC Appointment Notice

12.31.09 - Early Biometrics

01.14.10 - Biometrics Schedule

02.26.10 - Email update --Card Production ordered

03.02.10 - Email update --Approval Notice sent

03.06.10 - Approval Notice Received

03.08.10 - Card Received

Naturalization

I-N400

09.09.11 - Sent N400 to USCIS Dallas Lockbox

09.23.11 - Received 1-797 by mail

11.17.11 - Biometrics Schedule

01.25.12 - Received Interview and Exam Notice by mail

02.28.12 - Interview schedule

03.28.12 - Oath Ceremony

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You can file for divorce here but it won't terminate your marriage in the Philippines. Claudeth was told by embassy staff up in L.A. that her marriage could be removed in the Philippines only if I divorced her, not her divorcing me. You have to be the respondant on the petition.

That's correct. A divorce in the US will be recognized in the Philippines only if it is the USC that petitions for the divorce. If her husband files for divorce, it will be recognized in the Philippines and she will not need an annulment.

She will still need an annulment, this time the grounds is that the USC ex-husband divorced her. It needs to be recognized by Philippine Court and issues the decision and decree to be able to change her NSO data. She can't get an annotated MC by just presenting her divorce decrees at NSO.

You need to read the Philippines family law. There is an exception to recognize a divorce obtained by the non-Filipino spouse.


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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You can file for divorce here but it won't terminate your marriage in the Philippines. Claudeth was told by embassy staff up in L.A. that her marriage could be removed in the Philippines only if I divorced her, not her divorcing me. You have to be the respondant on the petition.

That's correct. A divorce in the US will be recognized in the Philippines only if it is the USC that petitions for the divorce. If her husband files for divorce, it will be recognized in the Philippines and she will not need an annulment.

She will still need an annulment, this time the grounds is that the USC ex-husband divorced her. It needs to be recognized by Philippine Court and issues the decision and decree to be able to change her NSO data. She can't get an annotated MC by just presenting her divorce decrees at NSO.

just a petition to enforce the foreign judgment will do. once the said petition is granted by a Philippine court, the Philippine court's order can now be presented to the NSO for MC annotation.


mikeandlani

our Visa Journey

09.01.06 - Filed I130 to VSC

05.21.07 - NOA2

06.19.07 - NVC receives Petition

11.23.07 - CASE COMPLETE

01.30.08 - USEM Interview

02.02.08 - CR1 Visa Received

03.03.08 - Entered US through Detroit International

03.27.08 - Received 2yr Conditional Resident Card

04.01.08 - Filed for my SSN at the local SSA office

04.05.08 - SSN received by mail

05.03.08 - Finally got my Driver's License

lifting conditions....

I-I-751

12.07.09 - Sent I-751 to VSC by express mail

12.08.09 - I-751 delivered to VSC per USPS tracking :-)

12.09.09 - NOA1 date (Checked cashed :-D)

12.14.09 - Received NOA1

12.18.09 - ASC Appointment Notice Date

12.26.09 - Received ASC Appointment Notice

12.31.09 - Early Biometrics

01.14.10 - Biometrics Schedule

02.26.10 - Email update --Card Production ordered

03.02.10 - Email update --Approval Notice sent

03.06.10 - Approval Notice Received

03.08.10 - Card Received

Naturalization

I-N400

09.09.11 - Sent N400 to USCIS Dallas Lockbox

09.23.11 - Received 1-797 by mail

11.17.11 - Biometrics Schedule

01.25.12 - Received Interview and Exam Notice by mail

02.28.12 - Interview schedule

03.28.12 - Oath Ceremony

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So that this matter is clear and incorrect information can stop, I looked up the applicable article of the family law.

Article 26 of the family code was amended by executive order 227 on July 17, 1987.

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. (As amended by Executive Order 227)


05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

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Filed: AOS (apr) Country: Philippines
Timeline

i got this info which is more likely similar to the situation

http://www.gtalawphil.com/Philippine%20Ann...101_divorce.htm

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