on b2 visa remarried here in the US (with divorce decree) but not annuled in the phils

[seven_zai 0]

Hi everyone,

I have a very complicated problem. and i am very anxious about this. I want to know if will it be an issue if you came here on a tourist visa remarried a USC after 2 years of being divorced. A divorce decree was granted yet NO final annulmet yet in the philippines.

My ex husband and i got married in the phillippines. We were both filipino citizen at that time. Yet when he filed the DIVORCE DECREE he was already an american citizen , I remain filipino citizen up to date. DIVORCE was GRANTED here in the USA. My ex-husband shortly after 3 months DIVORCE was granted, petitioned another filipina girl through fiance visa. And they are currently together and married here in the US now with kids.

I filed my annulment case in the Philippines and still in progress. I came here on a tourist visa and got married last june 7, 2009 and now living with my USC husband as we are waiting for the AOS approval. As we file for the AOS,we put the evidence----- AUTHENTICATED DIVORCE DECREE by the consulate General of the Philippines in Hawaii .

My question is:

Since the annulment case is still in progress in the philippines BUT the divorce decree proves the legality of marriage, WILL IT AFFECT OUR AOS PETITION?

please help me..please please please

[Rocky_nBullwinkle 6]

Hi everyone,

I have a very complicated problem. and i am very anxious about this. I want to know if will it be an issue if you came here on a tourist visa remarried a USC after 2 years of being divorced. A divorce decree was granted yet NO final annulmet yet in the philippines.

My ex husband and i got married in the phillippines. We were both filipino citizen at that time. Yet when he filed the DIVORCE DECREE he was already an american citizen , I remain filipino citizen up to date. DIVORCE was GRANTED here in the USA. My ex-husband shortly after 3 months DIVORCE was granted, petitioned another filipina girl through fiance visa. And they are currently together and married here in the US now with kids.

I filed my annulment case in the Philippines and still in progress. I came here on a tourist visa and got married last june 7, 2009 and now living with my USC husband as we are waiting for the AOS approval. As we file for the AOS,we put the evidence----- AUTHENTICATED DIVORCE DECREE by the consulate General of the Philippines in Hawaii .

My question is:

Since the annulment case is still in progress in the philippines BUT the divorce decree proves the legality of marriage, WILL IT AFFECT OUR AOS PETITION?

please help me..please please please

Since your ex-husband was the one who filed for divorce, the divorce decree obtained by him legally allows you to remarry without having to file for an annulment in the Philippines on your part. As long as you have the divorce decree, it won't be a problem with the AOS.

[RDDIXON 0]

You didn't have to file for divorce/annulment in the RP, the minute your ex-husband's divorce from you was final, you were also divorced and single. All you need to do is file the divorce decree in a RP court. Once a judge signs your filing, it is then a matter of record in the RP. Careful here, "it is a matter of record" meaning you were already divorced and you were already single before you filed in a RP court. Filing in the RP court is just to put your divorce on record in the RP, not to grant you a divorce.

The tricky part is that with the decree, you are free to marry again pretty much anywhere in the world, but not in the RP. In order to marry again in the RP, you have to first file the decree with the court so it is a matter of record (to wipe out your marriage in the RP).

The RP recognizes US divorces basically because the RP has no other choice. What I mean is, if your husband divorces you and the divorce is granted with a decree, the RP can't say "you are still married." If your ex-husband is single due to divorcing you, you are also single.

You can cancel the annulment that you have going in the RP, because it is useless, you are already legally single. Annulment is divorce and you don't need two divorces (one is enough!).

If I were your fiancee, I'd go ahead with the K-1 because both of you are single and so free to marry (this is the absolute basic requirement to file the K-1). I'd ask you to file the decree in the RP court as soon as you can. If the RP court hasn't acted before you get interviewed at the USEM, you should document all things related to marriage to the Nth degree then cross your fingers and go to the interview. The worst that can happen is that they'll ask for more documentation. If they don't ask for more documentation, with your divorce decree, you are free to marry in the US even if the RP court hasn't acted.

If your ex-husband won't give you a copy of the decree, divorce is a matter of public record and so you can get your own copy. I think, even a stranger can get a copy of your divorce decree.

(ooops, there I go ahead using my wife's account)

Edited August 17, 2009 by RDDIXON

[seven_zai 0]

You didn't have to file for divorce/annulment in the RP, the minute your ex-husband's divorce from you was final, you were also divorced and single. All you need to do is file the divorce decree in a RP court. Once a judge signs your filing, it is then a matter of record in the RP. Careful here, "it is a matter of record" meaning you were already divorced and you were already single before you filed in a RP court. Filing in the RP court is just to put your divorce on record in the RP, not to grant you a divorce.

The tricky part is that with the decree, you are free to marry again pretty much anywhere in the world, but not in the RP. In order to marry again in the RP, you have to first file the decree with the court so it is a matter of record (to wipe out your marriage in the RP).

The RP recognizes US divorces basically because the RP has no other choice. What I mean is, if your husband divorces you and the divorce is granted with a decree, the RP can't say "you are still married." If your ex-husband is single due to divorcing you, you are also single.

You can cancel the annulment that you have going in the RP, because it is useless, you are already legally single. Annulment is divorce and you don't need two divorces (one is enough!).

If I were your fiancee, I'd go ahead with the K-1 because both of you are single and so free to marry (this is the absolute basic requirement to file the K-1). I'd ask you to file the decree in the RP court as soon as you can. If the RP court hasn't acted before you get interviewed at the USEM, you should document all things related to marriage to the Nth degree then cross your fingers and go to the interview. The worst that can happen is that they'll ask for more documentation. If they don't ask for more documentation, with your divorce decree, you are free to marry in the US even if the RP court hasn't acted.

If your ex-husband won't give you a copy of the decree, divorce is a matter of public record and so you can get your own copy. I think, even a stranger can get a copy of your divorce decree.

(ooops, there I go ahead using my wife's account)

Oh my GOD rodixon i am crying while reading your message right now. I feel relieved and mad how the attorney in the philippines has been ripping me off....Oh my God she has been asking me for money to the extent that my mother had to sell most of our little belongings for the annulnment and after using most of my salary too. And she is asking money again because she said the case wont proceed without payment.Oh my God i am speechless.

[seven_zai 0]

You didn't have to file for divorce/annulment in the RP, the minute your ex-husband's divorce from you was final, you were also divorced and single. All you need to do is file the divorce decree in a RP court. Once a judge signs your filing, it is then a matter of record in the RP. Careful here, "it is a matter of record" meaning you were already divorced and you were already single before you filed in a RP court. Filing in the RP court is just to put your divorce on record in the RP, not to grant you a divorce.

The tricky part is that with the decree, you are free to marry again pretty much anywhere in the world, but not in the RP. In order to marry again in the RP, you have to first file the decree with the court so it is a matter of record (to wipe out your marriage in the RP).

The RP recognizes US divorces basically because the RP has no other choice. What I mean is, if your husband divorces you and the divorce is granted with a decree, the RP can't say "you are still married." If your ex-husband is single due to divorcing you, you are also single.

You can cancel the annulment that you have going in the RP, because it is useless, you are already legally single. Annulment is divorce and you don't need two divorces (one is enough!).

If I were your fiancee, I'd go ahead with the K-1 because both of you are single and so free to marry (this is the absolute basic requirement to file the K-1). I'd ask you to file the decree in the RP court as soon as you can. If the RP court hasn't acted before you get interviewed at the USEM, you should document all things related to marriage to the Nth degree then cross your fingers and go to the interview. The worst that can happen is that they'll ask for more documentation. If they don't ask for more documentation, with your divorce decree, you are free to marry in the US even if the RP court hasn't acted.

If your ex-husband won't give you a copy of the decree, divorce is a matter of public record and so you can get your own copy. I think, even a stranger can get a copy of your divorce decree.

(ooops, there I go ahead using my wife's account)

rodixon i am currently here in the US living with my american husband. we got married lst june 2009. i came here on a tourist visa..i am just concern now that the AOS is ongoing, i am very worried "what if the USCIS call NSO and verify the divorce decree in the philippines?" --philippines would say "she is still married"---again because Annulment is still in progress....

[jom 4]

If I understand it correctly, you were both Filipino citizens when you got married in the Philippines and your ex husband was already a US citizen when he filed for divorce here.

We do have Article 26 of the Family Code allowing the Filipino spouse to remarry if it is the alien spouse who filed for divorce, but this doesnt apply to a naturalized foreign citizen because what matters is the citizenship at the time of marriage, not at the time of obtaining the divorce so the only way to dissolve your marriage in the Philippines is through annulment. However since you got married here ( 2nd marriage) , you have your divorce decree before you got married , and divorce is recognized in the US I see no reason why you have to continue your annulment case in the Philippines.

In fairness to the lawyer who is handling your case, as I've said, it is the citizenship at the time of marriage and not at the time of obtaining the divorce decree that matters, the reason why your lawyer had to file an annulment case.

Your ex husband was already a US citizen when he filed the K1 for his present wife, and he had a divorce decree so the US govt approved such petition. I believe your AOS will do fine because according to US laws, you are single by virtue of the divorce decree obtained by your ex husband and your second marriage took place in the US.

Cancel your annulment case in the Philippines....technically you are still married there but you are both here now and are happily married to other people.

[DEDixon 39]

I ignored the part about you being here on a tourist visa. I was so focused on the fact that you don't need a divorce in the RP.

I think your only worry at this point is that US immigration officials are picky about tourists coming here with the intent to marry. I don't know what the rules are with regard to this. You should post another post with this as your question. A lot of people from England and Canada marry USCs and because they are from "first world countries" they can easily get a tourist visa, but they go through the K-1 visas process from the US embassy in their own country. They don't used their tourist visa to sidestep the immigration process.

About USCIS calling NSO about your marriage in the RP. No worries there, you have your divorce decree and so when you married a second time, you were single and free to marry. I don't think they would inquire in anyway, but if they did, the record would show that you were married to blah blah and your divorce decree shows you were divorced from blah blah so no problem. Again, it doesn't matter if you've not filed the decree divorce in the RP. As long as you'll never marry again in the RP, it doesn't matter what the record states in the RP.

Also it doesn't matter about citizenship, LTRs can get divorced in US courts. LTRs have all the rights USC's have except LTRs can't vote, can't run for political office and can't apply for certain jobs. They can divorce, however. A lot of States have "State residency requirements" to file for divorce in the State and prerequisite for State residency is US residency (usually have to be a residence of the State for 6 months to a year). Nevada is the most liberal state when it comes to marriage and divorce.

Good luck.

[paris2011 0]

Wow!! I learned so much from here =)

[Pinay Wife 47]

In fairness to the lawyer who is handling your case, as I've said, it is the citizenship at the time of marriage and not at the time of obtaining the divorce decree that matters, the reason why your lawyer had to file an annulment case.

Jom, a Supreme Court ruling seems to support "citizenship at time of divorce". I'm not sure if the law has changed?

ANNULMENT 101: Philippine Annulment Law Made Easy

LESSON VIII: DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

Q. I am a former Filipino citizen married to a Filipino citizen. I have recently obtained a Decree of Absolute Divorce of my marriage in the Philippines from the Circuit Court of Cook County, Chicago Illinois. Do I still need to file an Annulment Petition in the Philippines?

GTALAW: No. There is no need for you to file another Petition for Annulment in the Philippines. The Decree of Absolute Divorce can be recognized in the Philippines because you are no longer a Filipino citizen when you obtained the Decree from the Circuit Court in Cook County in Chicago, Illinois. Please see case of LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000.

Edited August 18, 2009 by Pinay Wife

[DEDixon 39]

In fairness to the lawyer who is handling your case, as I've said, it is the citizenship at the time of marriage and not at the time of obtaining the divorce decree that matters, the reason why your lawyer had to file an annulment case.

Jom, a Supreme Court ruling seems to support "citizenship at time of divorce". I'm not sure if the law has changed?

ANNULMENT 101: Philippine Annulment Law Made Easy

LESSON VIII: DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

Q. I am a former Filipino citizen married to a Filipino citizen. I have recently obtained a Decree of Absolute Divorce of my marriage in the Philippines from the Circuit Court of Cook County, Chicago Illinois. Do I still need to file an Annulment Petition in the Philippines?

GTALAW: No. There is no need for you to file another Petition for Annulment in the Philippines. The Decree of Absolute Divorce can be recognized in the Philippines because you are no longer a Filipino citizen when you obtained the Decree from the Circuit Court in Cook County in Chicago, Illinois. Please see case of LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000.

What about dual citizens? What about LTRs? Some LTRs have been in the US for 20 years and still are not US citizens and still are RP citizens. No matter really, as long as one has a divorce decree from a **respectable court and doesn't want to marry in the RP, it doesn't matter what is on record in the RP. The annulment system in the RP and other places is all about saving face for the Catholic Church - it is so people can marry again in the Church. **A court in North Korean, Cuba, and other like places would not be considered respectable world wide.

Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed.

The "never to have existed" before part is what saves the Church face and keeps the Church's members happy and coming back. I'm not sure how strict Catholic Churches are in America, but I know some people who were divorced in court and wanted to remarry in the Catholic Church so they had to get an Annulment from the Church too.

The Church likes the term annulment because it means God does not see the previous marriage any longer regardless of what humans remember. The Church also likes this "never to have existed" definition rather than on-record gov't term: divorce (yuck!).

[jom 4]

In fairness to the lawyer who is handling your case, as I've said, it is the citizenship at the time of marriage and not at the time of obtaining the divorce decree that matters, the reason why your lawyer had to file an annulment case.

Jom, a Supreme Court ruling seems to support "citizenship at time of divorce". I'm not sure if the law has changed?

ANNULMENT 101: Philippine Annulment Law Made Easy

LESSON VIII: DIVORCE OBTAINED BY FORMER FILIPINO CITIZENS ABROAD

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

Q. I am a former Filipino citizen married to a Filipino citizen. I have recently obtained a Decree of Absolute Divorce of my marriage in the Philippines from the Circuit Court of Cook County, Chicago Illinois. Do I still need to file an Annulment Petition in the Philippines?

GTALAW: No. There is no need for you to file another Petition for Annulment in the Philippines. The Decree of Absolute Divorce can be recognized in the Philippines because you are no longer a Filipino citizen when you obtained the Decree from the Circuit Court in Cook County in Chicago, Illinois. Please see case of LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000.

This case was decided in 2000 but one of the BAR questions in 2003 is exactly this scenario and the suggested answer was YES because its the citizenship that matters. I was able to get my notebooks from the SC after passing and I answered correctly. I will read more on this also. Being here in the US and out of practice I just have to rely on retained knowledge and some research Thanks for this info

[seven_zai 0]

Thank you so much for everything. This really helpful....