petitioner married in the phil, but got divorced in US.

[lawren14 3]

a li'l confused. hope some of u can help enlighten me.

my fiance was born in the Philippines and was once a Filipino citizen.

He got married in the PHILIPPINES.

Went to the US w/ his ex wife and kids. They all became LPR's. The ex wife filed a divorce 2 years later. Both of them were just LPRs at that time.

Divorce was granted 3 years later after filing. and maybe 4 to 5 months later after the divorce was granted, my fiance, (THE PETITIONER) got naturalized, but the ex wife, who filed for the divorce still remains a LPR at present.

Now that my fiance is already a USC, he filed for a k1 petition, got the NOA1 already and currently waiting for the NOA2.

Now, my question is, will his past marriage w/ his ex wife be a problem to us? He's now divorced, but Im worrying that the US embassy in MANILA, Philippines will give us a hard time with this matter. We all know that Philippines do not recognize divorce. Is there anyone here who are in the same shoes? Please tell us your stories and/or opinions. Thanks!

[Hank_ 9,173]

I have read of others with similar situations, being the petitioner is a USC and got a divorce in the US he just needed to provide his divorce decree with the I-129F. Then later at CFO the Beneficary will need a copy of the divorce decree from the Petitioner.

[lawren14 3]

Thanks !

[reginakrys 33]

Let me just clarify.. His ex-wife, who filed for the divorce, was (and is) NOT a US citizen? Their divorce is valid and recognized in the US, but I'm afraid it will not be recognized in the Philippines. Divorce, in to be recognized by the Philippines, must have been filed for by the non-Filipino. In addition to that, the papers must be submitted to Philippine courts in order for the divorcee (is there such a term? lol) to be legally free to marry.

[reginakrys 33]

"Divorce is not recognized under Philippine laws. If you’re a Filipino, it doesn’t matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos – where they may be in the world – are bound by Philippine laws on family rights and duties, status, condition, and legal capacity...

At first glance, Article 26 seems to apply only to a marriage between a Filipino and a foreigner. This was raised by a respected commentator in family law, Justice Sempio-Diy, who noted that Art. 26 does not apply:

…to a divorce obtained by a former Filipino who had been naturalized in another country after his naturalization, as it might open the door to rich Filipinos’ obtaining naturalization abroad for no other reason than to be able to divorce their Filipino spouse (Handbook on the Family Code of the Philippines, 1995 Ed., p. 30).

This provision was later interpreted by the Supreme Court to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry."

http://jlp-law.com/blog/divorce-annulment-philippines/

Edited April 23, 2012 by reginakrys

[Hank_ 9,173]

Let me just clarify.. His ex-wife, who filed for the divorce, was (and is) NOT a US citizen? Their divorce is valid and recognized in the US, but I'm afraid it will not be recognized in the Philippines. Divorce, in to be recognized by the Philippines, must have been filed for by the non-Filipino. In addition to that, the papers must be submitted to Philippine courts in order for the divorcee (is there such a term? lol) to be legally free to marry.

Doesn't matter, his ex wife IS NOT filing a I-129F petition. The USC Petitioner, may have been married in the Philippines but was divorced in USA, his divorce decree is all that is needed for the 129 and the US Embassy in Manila. The USC Petitioner does not file for the K-1 visa so who cares if his divorce is recognized in the Philippines, his divorce IS recognized at the embassy. So there is ZERO need for him to file/record anything in the Philippines. They are not marrying in the Philippines, they are doing a K-1.

[Hank_ 9,173]

"Divorce is not recognized under Philippine laws. If you're a Filipino, it doesn't matter where you get a divorce: such divorce is invalid/void in the Philippines. This is because under the nationality principle (Art. 15, Civil Code), all Filipinos where they may be in the world are bound by Philippine laws on family rights and duties, status, condition, and legal capacity...

At first glance, Article 26 seems to apply only to a marriage between a Filipino and a foreigner. This was raised by a respected commentator in family law, Justice Sempio-Diy, who noted that Art. 26 does not apply:

…to a divorce obtained by a former Filipino who had been naturalized in another country after his naturalization, as it might open the door to rich Filipinos' obtaining naturalization abroad for no other reason than to be able to divorce their Filipino spouse (Handbook on the Family Code of the Philippines, 1995 Ed., p. 30).

This provision was later interpreted by the Supreme Court to include cases involving parties who, at the time of the celebration of the marriage were Filipino citizens, but later on, one of them becomes naturalized as a foreign citizen and obtains a divorce decree. The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry."

http://jlp-law.com/b...nt-philippines/

Both parties of the referenced divorce were in the USA, not just one of them going to another country and filing for a divorce.

Philippine law only applies in the Philippines, the K-1 process is a U.S. visa and the divorce decree of USC is recognized and accepted in the USA and ALL of its embassies for USC. The beneficiary in this process is the only one that needs to deal with Philippine law and be able to acquire a CENOMAR.... etc, etc, etc.

IF this USC was wanting to marry IN the Philippines then what you wrote would apply.

Edited April 23, 2012 by Hank_Amy

[CristiFur 15]

Doesn't matter, his ex wife IS NOT filing a I-129F petition. The USC Petitioner, may have been married in the Philippines but was divorced in USA, his divorce decree is all that is needed for the 129 and the US Embassy in Manila. The USC Petitioner does not file for the K-1 visa so who cares if his divorce is recognized in the Philippines, his divorce IS recognized at the embassy. So there is ZERO need for him to file/record anything in the Philippines. They are not marrying in the Philippines, they are doing a K-1.

Agree, USEM recognizes the divorce so he is legally able to remarry as long as it's here in the US.

[sonicgihad 4]

Their divorce is valid in the states but NOT in the Philippines. Criterias for determining a court's jurisdiction over the moving party or parties in a dissolution case for the most part is a 90-day residence in the state or county where the case was filed. Based on that, the county found that their jurisdiction is proper and therefore granted the dissolution. However, being that both parties were Filipino citizen's at the time of the divorce, as far as Philippine Law and Philippine marriage is concerned, they are the only ones to have jurisdiction over their citizens therefore, this divorce is not valid in the Philippines. This divorce will not be allowed if your fiance attempts to get his NSO status updated. Therefore, you can not marry in the Philippines. To put it simply, they are divorved in the states and are still married in the Philippines.

Here is where it gets tricky though and may be your loophole... K1 requires that your fiance is free to marry in the states within 90 days of your arrival and as far as US laws are concerned, he is divorced and is free to marry. This may become an issue if you bring it up to their attention but I think, since the CO will go by applicable US Laws, you may just be fine.

I too was born and reaised in the Philippines, annulled a voided marriage in the Philippines in the states but I was already naturalized when everything happened.

[Hank_ 9,173]

Their divorce is valid in the states but NOT in the Philippines. Criterias for determining a court's jurisdiction over the moving party or parties in a dissolution case for the most part is a 90-day residence in the state or county where the case was filed. Based on that, the county found that their jurisdiction is proper and therefore granted the dissolution. However, being that both parties were Filipino citizen's at the time of the divorce, as far as Philippine Law and Philippine marriage is concerned, they are the only ones to have jurisdiction over their citizens therefore, this divorce is not valid in the Philippines. This divorce will not be allowed if your fiance attempts to get his NSO status updated. Therefore, you can not marry in the Philippines. To put it simply, they are divorved in the states and are still married in the Philippines.

Here is where it gets tricky though and may be your loophole... K1 requires that your fiance is free to marry in the states within 90 days of your arrival and as far as US laws are concerned, he is divorced and is free to marry. This may become an issue if you bring it up to their attention but I think, since the CO will go by applicable US Laws, you may just be fine.

I too was born and reaised in the Philippines, annulled a voided marriage in the Philippines in the states but I was already naturalized when everything happened.

He is a USC.... he does not need anything from NSO. They are applying for a K-1 visa so the marriage will happen in the USA. Its not a "loophole" and there is nothing tricky about it, he IS free and able to marry by the same rules for ALL USC who have been divorced, he has his divorce decree. There is NO way it will be an issue at the US Embassy.

Why do some try to drag unnecessary "non-facts" regarding the USC Petitioner. All you need to keep in mind is that the Petitioner is a USC, the requirements that applied to me are the same for him. NO exception.

[sonicgihad 4]

He is a USC.... he does not need anything from NSO. They are applying for a K-1 visa so the marriage will happen in the USA. Its not a "loophole" and there is nothing tricky about it, he IS free and able to marry by the same rules for ALL USC who have been divorced, he has his divorce decree. There is NO way it will be an issue at the US Embassy.

Why do some try to drag unnecessary "non-facts" regarding the USC Petitioner. All you need to keep in mind is that the Petitioner is a USC, the requirements that applied to me are the same for him. NO exception.

The OP asked for enlightenment... hence my post. I called it a loophole because technically, his fiancee is STILL MARRIED but it may still work. Though her fiancee was able to obtain a divorce decree that may be acceptable in the US. It wasn't done properly. They were foreign nationals and the US technically had no jurisdiction over their marriage. US Laws states that it will recognize legal and valid marriages from foreign countries. His marriage is still legal and valid in the Philippines so he is still married. Keep in mind, in the I-129F app, they ask when he became naturalized and when he terminated his marriage. Do they take a closer look at these dates? We don't know. If they do and the adjudication officer knows what he/she is doing, the petitioner may be asked to provide documentation that his marriage was terminated properly in the Philippines which he's not going to be able to. To have a foreign divorce acknoledged in the Philippines one must petition the courts to acknowledge the foreign divorce. This divorce will not be accepted. I get it that he doesn't have to do it but these are potential issues brought up to enlighten the OP.

Fact is, he may have a decree but he's not divorced.

At some point, the OP's NSO records will be updated as married, I'm not sure who does it but I have friends that got married in the US and were surprised to find out the NSO showed them to be married lacking details and such. Also, being that the OP is a Filipino national, the Philippines will still have jurisdiction with her persons till she gets naturalized, therefore Philippine laws apply to her and her foreign marriage which as far as the Philippines is concerned will be NULL AND VOID!

Before you call posts unnecessary non-facts, DO SOME RESEARCH! I understand you know and understand US Laws based on your own personal divorce as a USC but the Philippines have jurisdiction over it's nationals (which at the time of the divorce, the petitioner still was), not the US therefore the divorce could be deemed invalid.

[Philwithlove 17]

Wondering what the outcome for this situation. The beneficiary wont have any problem when it comes to CENOMAR as required by USEM on her interview but petitioner's document says that he is a filipino even though he is a USC now, will the CO on the time of interview will dig the divorce issue as divorce is not recognized in the philippine law. Im thinking the CO will ask the beneficiary about the petitioner's ex and the situation and will end up asking for petitioner's CENOMAR.

[sonicgihad 4]

Also, I just remembered that Philippine Law is very specific that it's nationals can't just go to a foreign country and file for a divorce and have it deemed valid in the Philippines which is what the petitioner did. His marriage should have been annulled in the Philippines. I dunno if it makes it anymore valid after being a USC.

[sonicgihad 4]

Wondering what the outcome for this situation. The beneficiary wont have any problem when it comes to CENOMAR as required by USEM on her interview but petitioner's document says that he is a filipino even though he is a USC now, will the CO on the time of interview will dig the divorce issue as divorce is not recognized in the philippine law. Im thinking the CO will ask the beneficiary about the petitioner's ex and the situation and will end up asking for petitioner's CENOMAR.

I don't think they will ever ask for a CENOMAR for the petitioner as he is/was married in the app. If anything, the CO may ask for an annullment.

OP, there is this site that is very helpful. It is owned by this young but pretty blilliant lawyer in the Philippines. Go to the forums and ask for the validity of your fiancee's Philippine marriage and US divorce. See what he says.

http://www.pinoylawyer.org/

[Hank_ 9,173]

The OP asked for enlightenment... hence my post. I called it a loophole because technically, his fiancee is STILL MARRIED but it may still work. Though her fiancee was able to obtain a divorce decree that may be acceptable in the US. It wasn't done properly. They were foreign nationals and the US technically had no jurisdiction over their marriage. US Laws states that it will recognize legal and valid marriages from foreign countries. His marriage is still legal and valid in the Philippines so he is still married. Keep in mind, in the I-129F app, they ask when he became naturalized and when he terminated his marriage. Do they take a closer look at these dates? We don't know. If they do and the adjudication officer knows what he/she is doing, the petitioner may be asked to provide documentation that his marriage was terminated properly in the Philippines which he's not going to be able to. To have a foreign divorce acknoledged in the Philippines one must petition the courts to acknowledge the foreign divorce. This divorce will not be accepted. I get it that he doesn't have to do it but these are potential issues brought up to enlighten the OP.

Fact is, he may have a decree but he's not divorced. HUH?? The divorce decree for sure is valid proof he IS divorced, maybe the Philippines doesn't recognize the divorce but who cares... he is NOW a USC and he only needs to please USCIS and the US Embassy in Manila.... not the Philippine government.

At some point, the OP's NSO records will be updated as married ONLY if they choose to update their marriage with NSO... totally their choice, I'm not sure who does it but I have friends that got married in the US and were surprised to find out the NSO showed them to be married lacking details and such. Also, being that the OP is a Filipino national, the Philippines will still have jurisdiction with her persons till she gets naturalized, therefore Philippine laws apply to her and her foreign marriage which as far as the Philippines is concerned will be NULL AND VOID! They are getting married in the USA and it WILL be recognized and is a valid marriage in the country where it matters. For some reason you keep thinking the Philippines has some sort of control in the United States and that is not a reality.

Before you call posts unnecessary non-facts, DO SOME RESEARCH! I understand you know and understand US Laws based on your own personal divorce as a USC but the Philippines have jurisdiction over it's nationals (which at the time of the divorce, the petitioner still was), not the US therefore the divorce could be deemed invalid. In this case the jurisdiction is very limited being she is coming to the USA on a K-1 visa and within 3 years could be a USC if that is her choice.

You are really missing it you keep thinking they plan to live in the Philippines it seems. You don't have to be a USC for a divorce to legal in the United States, and being the Petitioner is USC ... the US Embassy is not going give a a rat's butt about what the Philippines thinks about his divorce. The divorce was finalized before the USC petitioner filed the I-129F and that is all that matters. The Philippines does not have jurisdiction over the USC or his divorce, he is not appling for a marriage license in the Philippines, he is petitioning for a K-1 visa to bring his finacee to the UNITED STATES and marry in the UNITED STATES... you tell me where Philippine law has any jurisdiciton over a USC in this matter. The OP is the Beneficiary and she will have to get a CENOMAR from NSO but then.... .she is NOT married and IS subject to Philippines laws on that matter. NSO does not get updated unless they choose to record their marriage in the Philippines, which is totally optional.

Edited April 24, 2012 by Hank_Amy