Filipina filed for divorce

[nydvo 0]

we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..

[NutMagnet 2]

we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..

Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.

Is there any wonder why Manila is one of the top 3 high fraud Embassies?

[Jasman0717 8]

I am too lazy to try and read everything Are you now living in the U.S. and if so, what is your immigration status? If you have a 10-year card you shouldn't have any problems but if you are still in conditional status you will have that issue to overcome.

Let me help ya out...

i went to the US 2007 thru K1 visa..

but i left the US after 6 months.. werent able to do the AOS..

And apparently is considering another K-1...

If the USC files for the divorce you will have no problems re-marrying under Filipino law. If you make false statements on any of the USCIS forms and they find out you can be banned for life. I would recommend you do things correctly so If the USC isn't going to divorce you, you will need to do this on your own which would require an annulment in the Philippines, whether the government knows or not. My two cents worth

[jom 4]

we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..

Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.

Is there any wonder why Manila is one of the top 3 high fraud Embassies?

In defense of the OP...she is in the Philippines right now so I am sure the Immigration wont be looking for her since she definitely has a departure record when she left the USA. Why waste money and time to proceed with the AOS when the marriage was not working? If she did , now that would be fraud since the lifting of condition would be based on marriage and there is no more marriage to speak of.

The OP was honest enough to leave the USA and not become a TNT as you implied which is very honorable of her since there are thousands of Filipino TNT's in the USA. She could have opted to stay here illegaly but she didn't.

If the first marriage didnt work, should she be punished for it? At least she was truthful and didnt stay married just to stay here in the USA. Now, thats not fraud at all.

Everybody deserve a second chance, even the OP.

[NutMagnet 2]

I am too lazy to try and read everything Are you now living in the U.S. and if so, what is your immigration status? If you have a 10-year card you shouldn't have any problems but if you are still in conditional status you will have that issue to overcome.

Let me help ya out...

i went to the US 2007 thru K1 visa..

but i left the US after 6 months.. werent able to do the AOS..

And apparently is considering another K-1...

If the USC files for the divorce you will have no problems re-marrying under Filipino law. If you make false statements on any of the USCIS forms and they find out you can be banned for life. I would recommend you do things correctly so If the USC isn't going to divorce you, you will need to do this on your own which would require an annulment in the Philippines, whether the government knows or not. My two cents worth

He did not. she did, therefore ineligible without annulment. They always think that they are smarter than the average bear. In this situation, she is screwed. Help convince her to do things the proper way. It is because of shenanigans like this that defame her country and make it more difficult for the honest couple to unite.

[NutMagnet 2]

we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..

Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.

Is there any wonder why Manila is one of the top 3 high fraud Embassies?

In defense of the OP...she is in the Philippines right now so I am sure the Immigration wont be looking for her since she definitely has a departure record when she left the USA. Why waste money and time to proceed with the AOS when the marriage was not working? If she did , now that would be fraud since the lifting of condition would be based on marriage and there is no more marriage to speak of.

The OP was honest enough to leave the USA and not become a TNT as you implied which is very honorable of her since there are thousands of Filipino TNT's in the USA. She could have opted to stay here illegaly but she didn't.

If the first marriage didnt work, should she be punished for it? At least she was truthful and didnt stay married just to stay here in the USA. Now, thats not fraud at all.

Everybody deserve a second chance, even the OP.

Since she states that AOS was applied for in 2007, the money and time was already spent. Poor USA ex-husband victim.

Everybody deserves a 2nd chance. The OP made a huge mistake by filing for divorce in the USA. Because of that, her divorce will never be recognized under Philippine law. All she did was give freedom to her ex-husband at no benefit to her whatsoever.

Which brings up some questions.

How does a Filipina who is living in the RP obtain or afford the cost of a divorce in the USA? Under Philippine law she is unable to do so as divorce is illegal? I guess that nullifies the USA divorce and she remains married to her ex-husband as she is bound to the laws of her own country when acting abroad.

I smell rotten palingke fish, diba?

[Jasman0717 8]

I am too lazy to try and read everything Are you now living in the U.S. and if so, what is your immigration status? If you have a 10-year card you shouldn't have any problems but if you are still in conditional status you will have that issue to overcome.

Let me help ya out...

i went to the US 2007 thru K1 visa..

but i left the US after 6 months.. werent able to do the AOS..

And apparently is considering another K-1...

If the USC files for the divorce you will have no problems re-marrying under Filipino law. If you make false statements on any of the USCIS forms and they find out you can be banned for life. I would recommend you do things correctly so If the USC isn't going to divorce you, you will need to do this on your own which would require an annulment in the Philippines, whether the government knows or not. My two cents worth

He did not. she did, therefore ineligible without annulment. They always think that they are smarter than the average bear. In this situation, she is screwed. Help convince her to do things the proper way. It is because of shenanigans like this that defame her country and make it more difficult for the honest couple to unite.

I agree, she needs to do an annulment with her own government and also complete the divorce here in the US otherwise she is risking a ban

we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..

Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.

Is there any wonder why Manila is one of the top 3 high fraud Embassies?

In defense of the OP...she is in the Philippines right now so I am sure the Immigration wont be looking for her since she definitely has a departure record when she left the USA. Why waste money and time to proceed with the AOS when the marriage was not working? If she did , now that would be fraud since the lifting of condition would be based on marriage and there is no more marriage to speak of.

The OP was honest enough to leave the USA and not become a TNT as you implied which is very honorable of her since there are thousands of Filipino TNT's in the USA. She could have opted to stay here illegaly but she didn't.

If the first marriage didnt work, should she be punished for it? At least she was truthful and didnt stay married just to stay here in the USA. Now, thats not fraud at all.

Everybody deserve a second chance, even the OP.

Since she states that AOS was applied for in 2007, the money and time was already spent. Poor USA ex-husband victim.

Everybody deserves a 2nd chance. The OP made a huge mistake by filing for divorce in the USA. Because of that, her divorce will never be recognized under Philippine law. All she did was give freedom to her ex-husband at no benefit to her whatsoever.

Which brings up some questions.

How does a Filipina who is living in the RP obtain or afford the cost of a divorce in the USA? Under Philippine law she is unable to do so as divorce is illegal? I guess that nullifies the USA divorce and she remains married to her ex-husband as she is bound to the laws of her own country when acting abroad.

I smell rotten palingke fish, diba?

She can and must divorce here in the US in order to marry again. She also must file for an annulment in her country. Life would have been much easier for her if the USC filed for the divorce here in the US. At that point the Filipino government accepts it instead of the annulment.

[nydvo 0]

we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..

Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.

Is there any wonder why Manila is one of the top 3 high fraud Embassies?

Thanks NutMagnet for your sentiments.

My k1 visa expired Aug.5, 2007.. I left Aug.3,2007

I got married on the 87th day of the 90days period...and we filed for the AOS>

The whole time i was in the US, it involved physical abuse.Everytime he has bipolar attacks, he sent me and my son 4 times to the nearest motel and let us stay there for 3-4 nights just becoz he felt like it.. I never call the police, but our neighbors did. I never show them my bruises coz i dont want my exhusband to be in trouble (POOR USC HUSBAND VICTIM HUH!).. July 27,2007,..another police thingy happened in the house, the police want me to go to the shelter coz they said im not safe anymore to be with the guy., I told them., I cannot just drag my son to the shelter and be a burden to anyone..so I said, im just gonna go back to the Philippines...

Oct. 2008 to January 2009... My exhusband "made me believe" that he will file the divorce.. so i sent him signed paperworks twice. coz he lied to me twice... he made excuses why he werent able to do it.. but eventually,. he admitted., HE WILL NEVER FILE THE DIVORCE coz he SAID he dont want me to be married again..But we were already separated since AUG>2007.

And yes,,. I do deserve a second chance... I hired a lawyer in the US to do the divorce. and I chose to just do the DISSOLUTION OF MARRIAGE. I do have a choice to do the DIVision of Property coz we had some acquired during the marriage, but I know that he worked hard for it.,even though some properties has my name on it., but he deserved all of it...

When he found out that i got a boyfriend.. He flew all the way to the Philippines from DEC> 2008 to May 2009, and went to our house and took back everything that he gave me and to my son., from the toys to the clothes, to everything that he knew its from his money. He atleast had lots of balikbayan boxes for all of it. he took back the engagement ring, the wedding ring, ... everything.... my family said, if its gonna make him happy., then so be it....

[nora_g 0]

You can file a petition for“Declaration of nullity” this refers to marriages that are considered void or inexistent from the very beginning,since your marriage dont exist at NSO..i hope this helps...goodluck..

be careful in advising such a case.how can she file a declaration of nullity when her marriage which was done in the US wasnt reported to nso?and the op says she is single at nso's record.why would she need to do that?it really baffles me.if you are a lawyer kindly explain please.

[jom 4]

we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..

Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.

Is there any wonder why Manila is one of the top 3 high fraud Embassies?

Thanks NutMagnet for your sentiments.

My k1 visa expired Aug.5, 2007.. I left Aug.3,2007

I got married on the 87th day of the 90days period...and we filed for the AOS>

The whole time i was in the US, it involved physical abuse.Everytime he has bipolar attacks, he sent me and my son 4 times to the nearest motel and let us stay there for 3-4 nights just becoz he felt like it.. I never call the police, but our neighbors did. I never show them my bruises coz i dont want my exhusband to be in trouble (POOR USC HUSBAND VICTIM HUH!).. July 27,2007,..another police thingy happened in the house, the police want me to go to the shelter coz they said im not safe anymore to be with the guy., I told them., I cannot just drag my son to the shelter and be a burden to anyone..so I said, im just gonna go back to the Philippines...

Oct. 2008 to January 2009... My exhusband "made me believe" that he will file the divorce.. so i sent him signed paperworks twice. coz he lied to me twice... he made excuses why he werent able to do it.. but eventually,. he admitted., HE WILL NEVER FILE THE DIVORCE coz he SAID he dont want me to be married again..But we were already separated since AUG>2007.

And yes,,. I do deserve a second chance... I hired a lawyer in the US to do the divorce. and I chose to just do the DISSOLUTION OF MARRIAGE. I do have a choice to do the DIVision of Property coz we had some acquired during the marriage, but I know that he worked hard for it.,even though some properties has my name on it., but he deserved all of it...

When he found out that i got a boyfriend.. He flew all the way to the Philippines from DEC> 2008 to May 2009, and went to our house and took back everything that he gave me and to my son., from the toys to the clothes, to everything that he knew its from his money. He atleast had lots of balikbayan boxes for all of it. he took back the engagement ring, the wedding ring, ... everything.... my family said, if its gonna make him happy., then so be it....

My heart goes out to you. I also have a friend who only found out AFTER the marriage that her ex USC husband was doing drugs. Her Aunt took her away from him and before her visa expired , she went home. She wanted to stay and become a TNT but I told her not to leave a bad record with the US immigration so she can come back again in the future. Luckily, her ex USC husband filed for divorce so all she did was submit the divorce decree in the Philippine court for it to be acknowledged and she encountered no problem during the process. Im glad she listened to me cause she is back here and is happily married to a wonderful man.

In my previous post, I said there is also a member here who obtained her divorce decree from her Filipino husband from Hongkong and her K1 visa was approved without annuling her first marriage in the Philippines. Recently I found out that her whole K1 visa process was done in Hongkong and she had her interview in the US Embassy in Hongkong. With her different situation, now I wonder if it matters where the K1 interview is.

I will be praying for you and I hope your lawyer will do a lot of research about your case.

Goodluck and you will be in my prayers.

Myla

[nydvo 0]

Hello all,

My name is Ray. I am the fiance of nydvo. I have been reading all the responses here to our situation. Let me just say that obviously anyone can reply, but I would appreciate the comments to be civil. Yes this applies to NutMagnet. What gives you the right to attack and judge someone on this forum? If you dont like someones post here or the situation it is refering to..that is fine. Just keep the attacks to yourself.

I am not going to repeat the facts of our situation here. It was posted a few times. The main fact here that everyone seems to be missing is that the US marriage was never reported to the Philippine government. I have talked with an immigration lawyer here in the US and in the Philippines and they both said the same thing. No reported marriage means no marriage. I know all the family law articles as I did research myself to find out about this matter and it even states there that the marriage outside the Philippines still needs to be reported to the Philippine government for it to be valid. Yes, a marriage outside the Philippines is valid and recognized in the Philippines... as long as it is reported.

In response to the few people who are saying the marriage still needs to be annuled: What technically is being annuled? There is no marriage recorded to be annuled. Both immigration lawyers confirmed this to me. This is not my fiance being sneaky or commiting any fraud as some of you have suggested. Is it lucky? Of course. But as NutMagnet thinks, the so called "poor american ex-husband victim" should have known better also and reported the marriage right after. If anyone is to blame here for anything it is him. If you all only knew more of the story involved here with the ex-husband, maybe some of the negative comments and attacks would go away.

Dont be so quick to judge when you dont know all the facts.

My fiance didn't overstay her first K-1 visa. Yes, the AOS was filed but they never went to the interview as she was already out of the US. There was an attempt to make the marriage work with her then husband and the spousal visa was filed, but after a few months it was clear it wasn't going to work out. The spousal visa was approved but at that point they were already talking about divorce. The husband said he was going to file for divorce numerous times and he never did. Two sets of divorce papers were sent to my fiance for her signature but he never filed. He flat out admitted to me that he wont file papers. At that point, I hired a lawyer here in the US to do the divorce. Why should my fiance be strung along by her now ex-husband, who admitted he just wanted to cause trouble for her? If anyone here committed fraud and was deceitful it was the ex-husband. My fiance should not be attacked for wanting to be free of him and for doing what she needs to do to accomplish this. So if being aggressive in wanting to be divorced from an abusive, controlling husband makes her guilty.. well then NutMagnet, She and I are both guilty....and when two immigration lawyers from both countries confirm to us that we are free and clear to pursue our goals, that is all the justification we need.

I dont know what else to say..... :-)

[Pinay Wife 47]

x x x I know all the family law articles as I did research myself to find out about this matter and it even states there that the marriage outside the Philippines still needs to be reported to the Philippine government for it to be valid. Yes, a marriage outside the Philippines is valid and recognized in the Philippines... as long as it is reported.

Marriages outside the Philippines are recognized and valid even if not reported to the Philippine embassy. Art. 26 of Family Code does not require its citizens to report the marriage in order for it to be valid. The report is only for purposes of registration and recording and as requisite for passport renewal or to avail of the Philippine embassy's services.

"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."

In response to the few people who are saying the marriage still needs to be annuled: What technically is being annuled? There is no marriage recorded to be annuled. Both immigration lawyers confirmed this to me.

My thoughts, exactly. I'm not a lawyer but I'm thinking that even if NSO has a record of the US marriage certificate, the Philippines has no jurisdiction over a marriage that was solemnized outside its territory. A Philippine court cannot order a US court to annul a marriage that was celebrated in the US.

Assuming also that the marriage was reported and NSO has a copy, the US embassy will see a US marriage certificate that has been terminated by a decree issued by a US court. There is no way the US embassy will not recognize a divorce decree that was issued by its own judicial system.

It would be a different matter altogether if Nydvo's marriage occurred in the Philippines. Her divorce will not be recognized since she, a Filipino citizen, initiated it.

The way I see it, nydvo is free to marry and her US divorce will be recognized by the US embassy.

But then again, I'm not a lawyer.

[NutMagnet 2]

Hello all,

My name is Ray. I am the fiance of nydvo. I have been reading all the responses here to our situation. Let me just say that obviously anyone can reply, but I would appreciate the comments to be civil. Yes this applies to NutMagnet. What gives you the right to attack and judge someone on this forum? If you dont like someones post here or the situation it is refering to..that is fine. Just keep the attacks to yourself.

I am not going to repeat the facts of our situation here. It was posted a few times. The main fact here that everyone seems to be missing is that the US marriage was never reported to the Philippine government. I have talked with an immigration lawyer here in the US and in the Philippines and they both said the same thing. No reported marriage means no marriage. I know all the family law articles as I did research myself to find out about this matter and it even states there that the marriage outside the Philippines still needs to be reported to the Philippine government for it to be valid. Yes, a marriage outside the Philippines is valid and recognized in the Philippines... as long as it is reported.

In response to the few people who are saying the marriage still needs to be annuled: What technically is being annuled? There is no marriage recorded to be annuled. Both immigration lawyers confirmed this to me. This is not my fiance being sneaky or commiting any fraud as some of you have suggested. Is it lucky? Of course. But as NutMagnet thinks, the so called "poor american ex-husband victim" should have known better also and reported the marriage right after. If anyone is to blame here for anything it is him. If you all only knew more of the story involved here with the ex-husband, maybe some of the negative comments and attacks would go away.

Dont be so quick to judge when you dont know all the facts.

My fiance didn't overstay her first K-1 visa. Yes, the AOS was filed but they never went to the interview as she was already out of the US. There was an attempt to make the marriage work with her then husband and the spousal visa was filed, but after a few months it was clear it wasn't going to work out. The spousal visa was approved but at that point they were already talking about divorce. The husband said he was going to file for divorce numerous times and he never did. Two sets of divorce papers were sent to my fiance for her signature but he never filed. He flat out admitted to me that he wont file papers. At that point, I hired a lawyer here in the US to do the divorce. Why should my fiance be strung along by her now ex-husband, who admitted he just wanted to cause trouble for her? If anyone here committed fraud and was deceitful it was the ex-husband. My fiance should not be attacked for wanting to be free of him and for doing what she needs to do to accomplish this. So if being aggressive in wanting to be divorced from an abusive, controlling husband makes her guilty.. well then NutMagnet, She and I are both guilty....and when two immigration lawyers from both countries confirm to us that we are free and clear to pursue our goals, that is all the justification we need.

I dont know what else to say..... :-)

Mr. Ray,

You are coming off like an angry man who just realized that you paid an lawyer to set your fiancee's 'Spiteful" ex husband free with no benefit to yourself and MA Nydvo. Your argument and out-lashing would be better heard by the lawyers who unfortunately ripped and misled both you and Nydvo.

Nydvo came to this forum asking for help already knowing the answer and looking for a a crafty workaround. You can personally attack me all you want, but please be mindful that I was not the only one who gave your fiancee' the proper answer to her question, the reality of which, seems to be a bitter pill for you to swallow.

What she needed, and still does need is an annulment in the Philippines to give her the legal capacity to marry. Whether the marriage has been reported to the National Statistics Office or not does not in itself certify the legal civil status of your fiancee.' Nor should you be banking on the notion that since Mr. Spiteful did not report the marriage that it is not recognized in the RP. I believe your fiancee' is a Filipino citizen and that it is her responsibility to follow the laws of her country and civil registration procedures. She is equally, if not more so, responsible for registering her marriage with the NSO, this was covered in her CFO seminar.

Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines” (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present."

Her USA marriage documents are sufficient to substantiate said requisites.

You say that an application for Adjustment of Status was filed in her previous marriage to Mr. Spiteful. That would have included a copy of the marriage certificate and her birth certificate a suggested here, http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos The USCIS has issued her an Alien Registration number which along with previous marriages are to be listed on her Form I-129F Application for Alien Fiancee'. All details concerning her previous marriage to Spiteful will be referenced during processing of her petition.

The USCIS & US Embassy will be the party to adjudicate any visa applications filed by you on behalf of your fiancee', NOT the Philippine NSO. Rest assured that the CO's at the Embassy are familiar with Philippine civil law and will recognize that, even that she was divorced in the USA, that she remains married under Philippine law. Do you think that they are going to give a Finacee' Visa to a married woman?

I am not attacking you or Nydvo. She asked the question, we replied with our personal experience, facts, laws and quotations from such credible sources as the Family Law of the Philippines, the US Embassy in San Francisco California and case law by a Supreme Court Justice in the RP.

While the claims of abuse by Nydvo in her previous marriage are truly unfortunate, think of the forthcoming problems that she is likely to occur by most probably being denied a visa, or later deported due to not following the rules. The USCIS will catch it sooner or later. I like to sleep at night and would not want that hanging over my own head.

I would encourage you to do the proper thing and help your fiancee' obtain an annulment giving her the legal capacity to marry prior to petitioning her for a family based visa.

Respectfully,

NM

[nydvo 0]

Mr. NutMagnet,

I am not sounding like an angry man who swallowed a bitter pill. I would love to reply to your points one by one again, but it is tiring. I would like you to answer this for me... How can a marriage be annuled if it never existed? Now before you copy and paste again all the Philippine laws and codes again, this is the very question that a lawyer in the Philippines asked my fiance when she went just this morning again to inquire about this issue. Again, a lawyer in the US and a lawyer again in the Philippines explained all this to her and I but you seem to be annoyed or mad by this. It is not required to report a marriage taking place in the US to the Philippines. There is no legal requirement to do so. It is recognized only if the marriage is reported. Read the Philippine laws again. I think I remember that it needs to be reported within a certain amount of time. So again, keep refering to "Mr. Spiteful" and what he should or shouldn't have done. The fact again is, and this was confirmed by 3 lawyers, the marriage wasn't reported and there is no marriage to annul. She has a CENOMAR stating she is single and that there is no marriages on record. She just recently received another one stating this. There is just more point I want to bring up to you....We also contacted an official in the LCR, Local Civil Registry, office and asked about this situation. Her response was the same. If we hire a lawyer to do this "annulment" as you and a few others seem so sure we have to do....it cannot be done because there is no record of a marriage to annul. There has to be a record of marriage in order for an annulment to happen.

Now, if 3 lawyers confirm this and the registry office themselves confirm this, I would think we are ok, and you should be too, NutMagnet.

[NutMagnet 2]

x x x I know all the family law articles as I did research myself to find out about this matter and it even states there that the marriage outside the Philippines still needs to be reported to the Philippine government for it to be valid. Yes, a marriage outside the Philippines is valid and recognized in the Philippines... as long as it is reported.

Marriages outside the Philippines are recognized and valid even if not reported to the Philippine embassy. Art. 26 of Family Code does not require its citizens to report the marriage in order for it to be valid. The report is only for purposes of registration and recording and as requisite for passport renewal or to avail of the Philippine embassy's services.

"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."

In response to the few people who are saying the marriage still needs to be annuled: What technically is being annuled? There is no marriage recorded to be annuled. Both immigration lawyers confirmed this to me.

My thoughts, exactly. I'm not a lawyer but I'm thinking that even if NSO has a record of the US marriage certificate, the Philippines has no jurisdiction over a marriage that was solemnized outside its territory. A Philippine court cannot order a US court to annul a marriage that was celebrated in the US.

Assuming also that the marriage was reported and NSO has a copy, the US embassy will see a US marriage certificate that has been terminated by a decree issued by a US court. There is no way the US embassy will not recognize a divorce decree that was issued by its own judicial system.

It would be a different matter altogether if Nydvo's marriage occurred in the Philippines. Her divorce will not be recognized since she, a Filipino citizen, initiated it.

The way I see it, nydvo is free to marry and her US divorce will be recognized by the US embassy.

But then again, I'm not a lawyer.

You left out the relative part of Family Code Art. 26, which was amended in E.O. 227 Section 1.

"Art. 26. All marriage 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 spouses shall have capacity to remarry under Philippine law."