Foreign Anulment for Philippine K1 app

[tomkean28 1]

I'm an American that was married to a Filipina 12 years ago. The marriage was in the Philippines. My ex-turned out to have been married in the past so the marriage was Null and Void. I filed for a petition for an alien spouse back then but due to this finding, we seperated and never followed up on the petition which was approved at the time by the way. I later on learned it expired in 2003 some time. I filed for an annulment in the US courts and got a decree that the marriage with the ex was invalid retroactive to the date of the void marriage. In other words, as far as the US courts is concerned, there was never a marriage.

I know that this annulment would need to be recognized by the Philippine courts as it applies to her if she ever has a need to do so but as an American, will the reviewing CO look into that as well? I mean the K1 Visa requires that the petitioner and the beneficiary are able to legally marry in the US right... which I am. Do any of you guys foresee any issues with this? Has this been brought up in the forums or has anyone heard of a similar situation and how the K1 app was handled? Oh I forgot to mention, I'm currently engaged to a Filipina and have filed for a K-1 visa.

The main things I'm looking at is that the K1 requires a marriage in the US within 90 days and the ability to legally do so by both parties. There is nothing in US courts that prohibits me from getting married especially since I had the marriage with the ex annulled. Also the fact that the US and most state laws do not recognize prohibited marriages in the US and most especially from foreign countries.

Thanx for any input or opinions.

[TeapotGirl 66]

This is how it works in case of separation...

1. A Filipino citizen married to another Filipino citizen will need an annulment wherever in the world they are.

2. An American who married a Filipino citizen in the Philippines can file a divorce and that divorce will be recognized here in the Philippines. It will also allow the former spouse to remarry again in the Philippines or just anywhere in the world.

2. A Filipino citizen turned USC who married a Filipino citizen in the Philippines can also file a divorce and that divorce will be recognize in the Philippines. It will also allow the filipino spouse to remarry again in the Philippines.

Bottom line, the USC should be the to initiate the divorce for that to be recognized in the Philippine law system. If you changed nationality, the Philippine marriage system no longer applies to you.

SO in your case, No problem. That divorce will recapacitate you to remarry again in the US and even in the Philippines if you want to.

Edited November 13, 2011 by teapotgurl1983

[Leatherneck 693]

Submit proof of the voided/annulled marriage, that proves you are legally able/free to marry.

That is what USCIS and the CO will look for.

[TeapotGirl 66]

you and ECS should talk.

[tomkean28 1]

Submit proof of the voided/annulled marriage, that proves you are legally able/free to marry.

That is what USCIS and the CO will look for.

Yep! That I did. I think the only issue would be if we are to get married in the Philiipines where the annulment has not been filed with the city hall nor the NSO. Is that the correct interpretation?

[TeapotGirl 66]

Yep! That I did. I think the only issue would be if we are to get married in the Philiipines where the annulment has not been filed with the city hall nor the NSO. Is that the correct interpretation?

You are right. You have to inform the city that covers your previous marriage that it was already void and annotate your marriage contract from NSO. Without doing this, no body knows you're already annulled or divorced here in the Philippines.

I dunno if it will affect your marriage in the Philippines if you want to do it here but if you do that, your previous wife's marriage to you will be wiped off as well but technically you are free to marry in the USA though.

Edited November 13, 2011 by teapotgurl1983

[tomkean28 1]

You are right. You have to inform the city that covers your previous marriage that it was already void and annotate your marriage contract from NSO. Without doing this, no body knows you're already annulled or divorced here in the Philippines.

I dunno if it will affect your marriage in the Philippines if you want to do it here but if you do that, your previous wife's marriage to you will be wiped off as well but technically you are free to marry in the USA though.

I think it may affects a Philippine marriage since it hasn't been legally recognized but then again all I need is a Legal capacity from my embassy to get a marriage license so I will not go through NSO. My fiancee would have to but not me. I may still get itrecognized but thats the least of my concern honestly.

[TeapotGirl 66]

I think it may affects a Philippine marriage since it hasn't been legally recognized but then again all I need is a Legal capacity from my embassy to get a marriage license so I will not go through NSO. My fiancee would have to but not me. I may still get itrecognized but thats the least of my concern honestly.

That's right. The city hall of the area that covers your wedding venue in the Philippines will only look for Legal Capacity to marry which you can produce anytime. So no issue.

Your ex-wife is the one who got a huge problem. If she wants to remarry legally, she has to file 2 cases: annulment (for the first husband) and nullity of marriage (for you). But that's her problem.

You are thinking of filing K-1 visa to marry in the US so your annulment paper is enough.

[Leatherneck 693]

I think it may affects a Philippine marriage since it hasn't been legally recognized but then again all I need is a Legal capacity from my embassy to get a marriage license so I will not go through NSO. My fiancee would have to but not me. I may still get itrecognized but thats the least of my concern honestly.

No need or requirement for you to get your previous marriage recognized in by a Philippine court. The process of getting an annulled/voided marriage or divorce recognized by the Philippine court is not simple and does not apply to you.

You are correct, your ex will need to endure the process of the court recognizing the voided marriage should she want to marry in the Philippines again.