Fraud wife being removed from US

[ECS 3]

Some of you might remember my topic from a couple months ago but here it is: http://www.visajourney.com/forums/topic/337896-is-this-a-bigamous-marriage/

Basically, she was married in the Philippines in 1982, hid that marriage, married US Citizen#1 in 1991, came to the US. Divorced both Philippine Citizen and US Citizen #1 and married me, US Citizen #2. I never knew the facts until 2010.

Well, on January 13, the immigration judge ordered her removal. We are still in divorce proceedings and I am now wondering if once she goes back to the philippines, and since the Philippines does not recognize divrce, does her original marriage to the Filipino supercede our US marriage? How can she be both married to the Filipino in the Philippines and to a US Citizen in the US? Do I even need to obtain a divorce? Yes, I have a lawyer.

[sam357 4]

Some of you might remember my topic from a couple months ago but here it is: http://www.visajourney.com/forums/topic/337896-is-this-a-bigamous-marriage/

Basically, she was married in the Philippines in 1982, hid that marriage, married US Citizen#1 in 1991, came to the US. Divorced both Philippine Citizen and US Citizen #1 and married me, US Citizen #2. I never knew the facts until 2010.

Well, on January 13, the immigration judge ordered her removal. We are still in divorce proceedings and I am now wondering if once she goes back to the philippines, and since the Philippines does not recognize divrce, does her original marriage to the Filipino supercede our US marriage? How can she be both married to the Filipino in the Philippines and to a US Citizen in the US? Do I even need to obtain a divorce? Yes, I have a lawyer.

What about an annulment since she wasn't legally able to get married?

[ECS 3]

What about an annulment since she wasn't legally able to get married?

I tried that, but since she obtained a divorce in the US from both men before her and I got married, then we were legally married, per se.

[Philwithlove 17]

i dont know about legal stuff but in my opinion since we do not have a divorce here in the philippines, the first marriage is still valid which makes the second and third marriage null and void. but still needs to prove it. in the NSO file i believe she is married she is still married in the philippines. correct me if im wrong.

[ECS 3]

i dont know about legal stuff but in my opinion since we do not have a divorce here in the philippines, the first marriage is still valid which makes the second and third marriage null and void. but still needs to prove it. in the NSO file i believe she is married she is still married in the philippines. correct me if im wrong.

Yes. In the Philippines, the first marriage would still be valid. However, in the US, that marrriage was terminated through divorce. And if she was remaining in the US, then the Philippine marriage would also have ended in divorce, even though the Philippines does not recognize it. Now, if she is going back to the Philippines, then the first marriage would be still valid. But her US marriage is also valid. Confusing, I know....

[sunandmoon 450]

is she a US Citizen?

[Tahoma 2,291]

...does her original marriage to the Filipino supercede our US marriage?

^^^ Are you using "supercede" in a legal sense?

How can she be both married to the Filipino in the Philippines and to a US Citizen in the US?

^^^ She had to have been single in order to marry. If she wasn't single, then she broke state law.

Do I even need to obtain a divorce?

^^^ Yup...I'll go with your lawyer on this one

[aaron2020 11,651]

Some of you might remember my topic from a couple months ago but here it is: http://www.visajourney.com/forums/topic/337896-is-this-a-bigamous-marriage/

Basically, she was married in the Philippines in 1982, hid that marriage, married US Citizen#1 in 1991, came to the US. Divorced both Philippine Citizen and US Citizen #1 and married me, US Citizen #2. I never knew the facts until 2010.

Well, on January 13, the immigration judge ordered her removal. We are still in divorce proceedings and I am now wondering if once she goes back to the philippines, and since the Philippines does not recognize divrce, does her original marriage to the Filipino supercede our US marriage? How can she be both married to the Filipino in the Philippines and to a US Citizen in the US? Do I even need to obtain a divorce? Yes, I have a lawyer.

Forget about what happens to her. Focus on what you need to do to move on. You have a marriage certificate. No one is going to look to see if your wife was not able to marry to see that you have a marriage certificate. People will presume that you are married based on the marriage certificate - this can complicate your life. Complete the divorce. With the final decree, you can prove that you divorced her - you can prove a definite end to whatever legal relationship you may have had. If you don't finish the divorce, there will always be the ambiguity of whether you are married or not.

[sunandmoon 450]

is she a US Citizen?

sorry, never mind. just saw the other thread.

Forget about what happens to her. Focus on what you need to do to move on. You have a marriage certificate. No one is going to look to see if your wife was not able to marry to see that you have a marriage certificate. People will presume that you are married based on the marriage certificate - this can complicate your life. Complete the divorce. With the final decree, you can prove that you divorced her - you can prove a definite end to whatever legal relationship you may have had. If you don't finish the divorce, there will always be the ambiguity of whether you are married or not.

[ECS 3]

Yes. I could get divorced. But in interest of protecting my assets, I would rather see if I can get the marriage voided or annulled.

[Deputy Purple 1,294]

Yes. I could get divorced. But in interest of protecting my assets, I would rather see if I can get the marriage voided or annulled.

Your problem is that her US marriages are legal, just not recognized by the Philippines.

IIRC, she didn't divorce her first husband until after she was already married to her second husband, correct? That means her second husband could have got an annulment or had the marriage voided but since she secured divorces for both of her prior marriages BEFORE marrying you that makes your marriage valid and can't be voided. Annulment has certain requirements that can vary depending on where you live, look into it.

It sounds like you have a lot oa ammo to prove fraud during your divorce so protecting your assets shouldn't be much of a problem.

FWIW, in the Philippines she is still married to her first husband.

[Leatherneck 693]

Some of you might remember my topic from a couple months ago but here it is: http://www.visajourn...amous-marriage/

Basically, she was married in the Philippines in 1982, hid that marriage, married US Citizen#1 in 1991, came to the US. Divorced both Philippine Citizen and US Citizen #1 and married me, US Citizen #2. I never knew the facts until 2010.

Well, on January 13, the immigration judge ordered her removal. We are still in divorce proceedings and I am now wondering if once she goes back to the philippines, and since the Philippines does not recognize divrce, does her original marriage to the Filipino supercede our US marriage? How can she be both married to the Filipino in the Philippines and to a US Citizen in the US? Do I even need to obtain a divorce? Yes, I have a lawyer.

Now that she's been ordered removed from the country, what are your plans to protect your relationship with your son? I know you had concerns about your military retirement and other assets, your son is the most valuable result of your relationship with her. What are the chances of being able to maintain your relationship with your son once she's removed?

[ECS 3]

Your problem is that her US marriages are legal, just not recognized by the Philippines.

IIRC, she didn't divorce her first husband until after she was already married to her second husband, correct? That means her second husband could have got an annulment or had the marriage voided but since she secured divorces for both of her prior marriages BEFORE marrying you that makes your marriage valid and can't be voided. Annulment has certain requirements that can vary depending on where you live, look into it.

It sounds like you have a lot oa ammo to prove fraud during your divorce so protecting your assets shouldn't be much of a problem.

FWIW, in the Philippines she is still married to her first husband.

Yes. According to Philippine law, she is still married in the Pilippines. But right now, she is in the US and she is married to me, under US law. But when she goes back to the Philippines, will she be married in the Philippines to Husband #1 or married in the US to Husband #3? How can she be legally married to two people at one time, no matter where you are? The US is supposed to recognize other countries marriages.

Now that she's been ordered removed from the country, what are your plans to protect your relationship with your son? I know you had concerns about your military retirement and other assets, your son is the most valuable result of your relationship with her. What are the chances of being able to maintain your relationship with your son once she's removed?

We have a hearing on 1 Feb to determine custody. Before we knew of her immigration removal, I was going to be awarded 100% Physical and 50% Legal custody. Now that she is ordered removed, I am sure to recieve 100% physical and 100% legal custody, but I havent been able to contact the court yet. I have already discussed with my son that he is not allowed to go on a plane with either one of us so if she brings him to the airport without getting permission from me, he is to tell someone immediately before getting on the plane.

[sunandmoon 450]

Yes. According to Philippine law, she is still married in the Pilippines. But right now, she is in the US and she is married to me, under US law. But when she goes back to the Philippines, will she be married in the Philippines to Husband #1 or married in the US to Husband #3? How can she be legally married to two people at one time, no matter where you are? The US is supposed to recognize other countries marriages.

who's she legally married to depends on where she is residing. in the Philippines, she is still legally married to husband #1,. the subsequent marriages woud not be recognized. the US does recognize other countries marriages. she obtained a divorce, so in the US, your marriage is the one that would be considered valid.

[GaryKO 49]

who's she legally married to depends on where she is residing. in the Philippines, she is still legally married to husband #1,. the subsequent marriages woud not be recognized. the US does recognize other countries marriages. she obtained a divorce, so in the US, your marriage is the one that would be considered valid.

In general, unless the marriage breaks U.S. state laws, marriages which are legally performed and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be directed to the attorney general of the state in the United States where the parties to the marriage live.