Filipina filed for divorce

[chizkeyk 0]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

of course namn po pede kc jan ka namn naksal eh meron sadyang divorce jan at khit kelan di ka nagpaksal dito.. kya khit mag-asawa ka jan walang mgiging prob...

WRONG! Kahit saan Universe ka pa ikinasal IF FILIPINO citizen ka pa, valid ang kasal mo sa batas ng Pilipinas... Under Phil Law hindi ka pwedeng mag-asawa unless otherwise na-dissolve ne yong first marriage. And, let the foreign spouse initiate the filing of divorce para sa mata ng batas sa Pilipinas, maka-pag-asawa ulit sya.

Bago maging complicated ang lahat dear OP, check mo na muna documents mo and makipag-usap ka na muna sa abogado kung anong consequences ba ang kahaharapin mo KUNG ikaw ang magpa-file ng divorce...

Goodluck.

[chizkeyk 0]

NYDVO,

It's for your best interest to bring this matter to a competent Lawyer (Philippines). He/She might be able to give you options.

Goodluck.

[chinese_mutt 11]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

of course namn po pede kc jan ka namn naksal eh meron sadyang divorce jan at khit kelan di ka nagpaksal dito.. kya khit mag-asawa ka jan walang mgiging prob...

WRONG! Kahit saan Universe ka pa ikinasal IF FILIPINO citizen ka pa, valid ang kasal mo sa batas ng Pilipinas... Under Phil Law hindi ka pwedeng mag-asawa unless otherwise na-dissolve ne yong first marriage. And, let the foreign spouse initiate the filing of divorce para sa mata ng batas sa Pilipinas, maka-pag-asawa ulit sya.

Bago maging complicated ang lahat dear OP, check mo na muna documents mo and makipag-usap ka na muna sa abogado kung anong consequences ba ang kahaharapin mo KUNG ikaw ang magpa-file ng divorce...

Goodluck.

i agree... as far as i know... ito nga ung rules.

As for CeMar, ung akin hiningi sa embassy, CR1 filer ako.

Ang alam ko requirement ung CeNoMar sa K1 eh... baka mag-kasabit sabit ka sa documents.

Since you are filing divorce, hanap ka na rin ng competent lawyer to legally terminate your marriage in the Philippines.

Good luck!

[BRB 6]

If you are here on a K1 visa and then married in the US and you are now filing divorce once it is final you can remarry. The issue is can you stay in the country? Most likely not. There is a two year conditional status on your visa and that has to be removed by your husband who you are now divorcing. If that status is removed you can stay in the country. If it has not been removed then your ex may notify the gov. It all depends if you have had that status removed or not. Even though you have divorced you can casue problems for your ex if you remain in the country as he agreed to take care of you for a length of time so you do not become a charge of the state.

[nydvo 0]

If you are here on a K1 visa and then married in the US and you are now filing divorce once it is final you can remarry. The issue is can you stay in the country? Most likely not. There is a two year conditional status on your visa and that has to be removed by your husband who you are now divorcing. If that status is removed you can stay in the country. If it has not been removed then your ex may notify the gov. It all depends if you have had that status removed or not. Even though you have divorced you can casue problems for your ex if you remain in the country as he agreed to take care of you for a length of time so you do not become a charge of the state.

there wasnt any AOS approved coz 2 months after the marriage i chose to leave the US.. Yes, we submitted an AOS application but if there was any update from the USCIS , by then i was already in the philippines..

[nydvo 0]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

of course namn po pede kc jan ka namn naksal eh meron sadyang divorce jan at khit kelan di ka nagpaksal dito.. kya khit mag-asawa ka jan walang mgiging prob...

WRONG! Kahit saan Universe ka pa ikinasal IF FILIPINO citizen ka pa, valid ang kasal mo sa batas ng Pilipinas... Under Phil Law hindi ka pwedeng mag-asawa unless otherwise na-dissolve ne yong first marriage. And, let the foreign spouse initiate the filing of divorce para sa mata ng batas sa Pilipinas, maka-pag-asawa ulit sya.

Bago maging complicated ang lahat dear OP, check mo na muna documents mo and makipag-usap ka na muna sa abogado kung anong consequences ba ang kahaharapin mo KUNG ikaw ang magpa-file ng divorce...

Goodluck.

i agree... as far as i know... ito nga ung rules.

As for CeMar, ung akin hiningi sa embassy, CR1 filer ako.

Ang alam ko requirement ung CeNoMar sa K1 eh... baka mag-kasabit sabit ka sa documents.

Since you are filing divorce, hanap ka na rin ng competent lawyer to legally terminate your marriage in the Philippines.

Good luck!

in my CENOMAR, it still shows i have no record of any marriage at all.. kc, nde namin na report ng exhusband ko ang marriage namin sa Philippine embassy .

Yung divorced ko is finalized na.. waiting in the mail nalang kami for the document itself.

If anyone knows Ray Bacon, an immigration lawyer., my fiance already talked to him, he said

"So if neither

the marriage nor divorce is recorded by the NSO, she should be able to

get a clear CERNOMAR, and there shouldn't be a problem with the

Embassy accepted her "divorced," i.e., "free to marry" status"....

[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.

[Otto 83]

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...

Edited August 16, 2009 by Otto und Karin

[RonMay 1]

my understanding, although she's got a problem with "the" phil law, she's AOK in the US law where they want to process K1 visa (basing on my understanding of Jom's explanation). US govt doesnt care much if she's the one who initiates divorce or not (regardless of her nationality) because divorce is accepted in the US. and once you have that, then you're free to marry. as far as phil law is concern, thats another story perhaps to deal with. which i dont know how.

btw nydvo, i know sir ray bacon back in 2006 (though i am not sure if he's a lawyer coz he didnt introduced himself as one back then but he knows a lot about immigration law esp the phil procedures. maybe he's a lawyer now)

ray bacon also helped us in our K1 journey and we're thankful for that and so does during our AOS. since hubby was busy during those times. so im glad you guys know him.

i truly wish u luck!!!

(just my thoughts, im not a lawyer and i could be wrong)

[nydvo 0]

Thanks RonMay..

As soon na makuha namin yung divorce decree., i hihire namin c Mr. Ray Bacon to assist us with the k1 application.

Nagfreak out lang kami kc nga dahil sa RP laws., pero eventually, naging ok naman...

But i am soooo aware na tougher questions this time sa interview... pero., as long na honest ako, wala akong ginawang mali , no fraud., no overstaying sa US.. complete yung documents,. and more Prayers, cguro naman magiging ok ako..

I was thinking, pano ako magpapa annul d2 sa pinas if wala namang record na i wa wipe out?.. so yung CENOMAR ko is clear...

[Merry Ann's Mykul 0]

are you still in the US and you werent able to file AOS since you got here? or you're now in phil? im so sorry for your situation and that your marriage didnt work out. i was on K1 too (2007) and 4 months ago i finally reported our marriage at the Phil Consulate in san fran. meaning for those who reported their marriage outside in phil, they now have our records at the NSO. in your situation, perhaps you're still single in phil. and once you go back and filed for another k1 perhaps the only agency that knows about you being married abroad is the US embassy. im no expert on this and all i can do is guessing what's next to happen which is not helpful at all. but i truly wish you luck and hope you'll find your answers here in the forum.

God bless

ive been back here in the PHilippines since Aug. 2007. only stayed in the US for 6 months. No AOS filed.

Didnt report the marriage at the Philippine Consulate coz in the first place we didnt know that we have to.

My Cenomar now still shows im single.. but, if i will start a k1 application, i will attach my divorce decree..theres gonna be a conflict there.

i can never find any situation the same like mine. its so frustrating..

If i need an annulment, how am i gonna do that if i have no record that i was married here...

thank u so much for the reply! .I hope too that someone can enlighten me here..

This is the funniest thing I have heard in a long time

[marklovetina 52]

A member here who was actually married to a Filipino obtained her divorce decree in Hongkong and the same divorce decree was recognized by the US Embassy in Manila during her K1 interview. She is now happily married to a USC here in the USA. If you filed your divorce here, I see no reason why it wouldnt be honored by the US Embassy if you have the intention to marry another USC.

Since you are a Filipino citizen, our family laws apply to you even if you got married here, so your previous marriage is still valid in the Philippines . But why make things complicated? No need to obtain a CENOMAR since you did marry. Just make sure you have your marriage certificate and the divorce decree for future use. A K1 visa would be your best option because you can remarry here.

Goodluck .

:thumbs:

[nydvo 0]

are you still in the US and you werent able to file AOS since you got here? or you're now in phil? im so sorry for your situation and that your marriage didnt work out. i was on K1 too (2007) and 4 months ago i finally reported our marriage at the Phil Consulate in san fran. meaning for those who reported their marriage outside in phil, they now have our records at the NSO. in your situation, perhaps you're still single in phil. and once you go back and filed for another k1 perhaps the only agency that knows about you being married abroad is the US embassy. im no expert on this and all i can do is guessing what's next to happen which is not helpful at all. but i truly wish you luck and hope you'll find your answers here in the forum.

God bless

ive been back here in the PHilippines since Aug. 2007. only stayed in the US for 6 months. No AOS filed.

Didnt report the marriage at the Philippine Consulate coz in the first place we didnt know that we have to.

My Cenomar now still shows im single.. but, if i will start a k1 application, i will attach my divorce decree..theres gonna be a conflict there.

i can never find any situation the same like mine. its so frustrating..

If i need an annulment, how am i gonna do that if i have no record that i was married here...

thank u so much for the reply! .I hope too that someone can enlighten me here..

This is the funniest thing I have heard in a long time

Do u know anyone that has the same situation with mine? OMG.. that would be such a blessing.. I would love to know what happen to them.

pretty please..!!

[NutMagnet 2]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

The answer to your question is yes. You can remarry in the United States after your divorce was granted by the court because divorce is legal in the United States. Yes, your marriage is valid in the Philippines according to Article 26 of the Family Code of the Philippines.

Not true, the OP's is a Filipino citizen. Because she was the one who filed for divorce, it will NEVER be recognized in the Philippines unless annulled. All embassies world wide will respect the laws of the applicants nationality.

http://www.philippineconsulatela.org/FAQS-MAIN.htm#a3

What is the effect of a divorce obtained abroad to the marital status of a Filipino citizen?

The following illustrative cases are helpful in determining the effect of a foreign divorce on the marriage or legal status of a Filipino citizen:

Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

What if Maria initiates the court proceedings to obtain a divorce?

Answer: The Family Code provides that the foreigner spouse should be the one who will initiate the divorce proceedings. If Maria herself initiated the action to dissolve the marriage, a divorce obtained thereafter will not have any legal effect on her marriage with Pedro. Any subsequent marriage contracted by Maria will be considered null and void under Philippine law.

Edited August 17, 2009 by NutMagnet

[jom 4]

If you are here on a K1 visa and then married in the US and you are now filing divorce once it is final you can remarry. The issue is can you stay in the country? Most likely not. There is a two year conditional status on your visa and that has to be removed by your husband who you are now divorcing. If that status is removed you can stay in the country. If it has not been removed then your ex may notify the gov. It all depends if you have had that status removed or not. Even though you have divorced you can casue problems for your ex if you remain in the country as he agreed to take care of you for a length of time so you do not become a charge of the state.

there wasnt any AOS approved coz 2 months after the marriage i chose to leave the US.. Yes, we submitted an AOS application but if there was any update from the USCIS , by then i was already in the philippines..

In your first few posts you mentioned NO AOS filed, but an AOS application has in fact been submitted. You might want to check on this too because the AOS application is already in the USCIS record. Probably best to let your fiance check on this to make sure in case a cancellation is needed

Goodluck on the process and I hope the US Embassy in Manila will recognize the divorce decree you obtained from here. Dont worry about your marital status under our laws, what is important is that the US Embassy in Manila will honor your divorce decree and approve your second K1 visa. Be prepared for a tougher interview. Once the US Embassy will approve your second application, you are good to go. I hope it will work this time...I believe in second , third, fourth chances