How to Marry...

[johnandcheryl 0]

Assuming her tourist visa is extended, is that enough time for a divorce to be finalized in the state of Virginia?

If this all works out for you, I would recommend that she not travel to the Philippines until she can do so on a U.S. passport. If she went to the Philippines on a Filipino passport, she might not be allowed to leave the Philippines without a CFO sticker in her Filipino passport, and there's virtually no chance that the CFO would give her a CFO sticker.

Good luck!

Thank you -- that is very important!! Although she does, of course, have family in the Philippines, she is otherwise not crazy about going back there. So probably holding out for four years until getting a U.S. Passport is not out of the question.

[Hank_ 9,173]

Very true. This means that assuming all goes well, if she gets a divorce in the US, gets AOS, removal of conditions, and then Citizenship at best she has over 4 years before she can return to Phil. There is no easy way around this.

That about sums it up.

[Deputy Purple 1,294]

FWIW,

Extending her I-94 isn't required... If she overstays it won't be a problem for AOS within country, only if she leaves the US prior to having a Greencard issued.

[eternalcompanion 3]

Once she gets a divorce in the State of Virginia, she can file for judicial recognition of her divorce decree in the Phils. That would make her divorce in the US binding to the Philippine law. Her marriage in the Philippines will be annulled by virtue of the judicial recognition. The process is much faster than the annulment. She can have a written interrogatories done in the Philippine consulate if she cannot come to the Philippines to testify. But she needs a law digest of the State of Virginia allowing divorce for Filipina attached to her petition. That is very important and one of the crucial documents to be submitted together with the petition for judicial recognition.

Edited May 24, 2012 by courtady73

[johnandcheryl 0]

FWIW,

Extending her I-94 isn't required... If she overstays it won't be a problem for AOS within country, only if she leaves the US prior to having a Greencard issued.

Yes, it seems we would need to buy an air ticket to be able to show a valid return trip with her visa extension and I thought, okay, we get a refundable ticket and then cancel and get our money back. Nope! Refundable tickets, according to my travel agent who specializes in Philippine-bound trips, have a penalty of $350 per ticket when cancelled!

Given she has a daughter too, this doubles that, to $700, plus the cost of applying for visa extension is $279 and it comes close to $1,000! So it's tempting NOT to do all that and save a $1,000...

However, if for some reason, we decide not to marry, then if she's still here after six months, she would face a three-year ban on reentry if she left and after one year, it's a ten-year ban.

[johnandcheryl 0]

Once she gets a divorce in the State of Virginia, she can file for judicial recognition of her divorce decree in the Phils. That would make her divorce in the US binding to the Philippine law. Her marriage in the Philippines will be annulled by virtue of the judicial recognition. The process is much faster than the annulment. She can have a written interrogatories done in the Philippine consulate if she cannot come to the Philippines to testify. But she needs a law digest of the State of Virginia allowing divorce for Filipina attached to her petition. That is very important and one of the crucial documents to be submitted together with the petition for judicial recognition.

I'll have to check into that -- if there is a precedent or if law is written to that effect in Virginia. This sounds highly unusual but stranger things have happened. Thanks so much for this insight as I wouldn't have thought this possible.

[Deputy Purple 1,294]

Once she gets a divorce in the State of Virginia, she can file for judicial recognition of her divorce decree in the Phils.

This is 99.999% inaccurate (and 100% in the OP's case)...

For The Philippines to Judicially Recognize a Foreign Divorce it must meet certain conditions:

1. One of the Spouses MUST be a citizen of another country,

2. The Philippine Citizen must be the respondent (meaning their Non-Filipino spouse is the Petitioner or person who filed for divorce).

Without this the Philippine Government won't recognize the divorce.

[Caryh 5,206]

This is 99.999% inaccurate (and 100% in the OP's case)...

For The Philippines to Judicially Recognize a Foreign Divorce it must meet certain conditions:

1. One of the Spouses MUST be a citizen of another country,

2. The Philippine Citizen must be the respondent (meaning their Non-Filipino spouse is the Petitioner or person who filed for divorce).

Without this the Philippine Government won't recognize the divorce.

:thumbs: :thumbs:

Yep Article 26 of the Family Code

Art. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38. (71a)

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall likewise have capacity to remarry under Philippine law. (n) (as amended by E.O. No. 227, dated July 77, 1987)

[elygrace 2]

If I were in your situation, i'd get me an immigration lawyer,

in Los Angeles, Gurfinkel. It would be money well spent.

Just my .02 cents pls.

[cerebus407 16]

If you choose to go the divorce in the US route, you'll be committed to the AOS within the US totally because if your fiancee returns to the PHL then she will need an annulment. As noted before, a foreign divorce between two Filipino citizens will not be recognized by the Philippines and the Dept of State is bound by regulation to recognize the law of the place where the marriage occurred. So if she married in the Philippines, then no visa will be issuable until it is annulled. There is nothing wrong with the divorce in US and AOS in the US approach, just know that is she is not allowed to AOS then you'll likely need to shell out for an annulment in the Philippines as well.

[Tahoma 2,291]

If you choose to go the divorce in the US route, you'll be committed to the AOS within the US totally because if your fiancee returns to the PHL then she will need an annulment. As noted before, a foreign divorce between two Filipino citizens will not be recognized by the Philippines and the Dept of State is bound by regulation to recognize the law of the place where the marriage occurred. So if she married in the Philippines, then no visa will be issuable until it is annulled. There is nothing wrong with the divorce in US and AOS in the US approach, just know that is she is not allowed to AOS then you'll likely need to shell out for an annulment in the Philippines as well.

^^^ I don't agree with the bolded statement.

She will have been legally divorced in the U.S., and the Embassy will issue a visa because it follows U.S. laws.

The issue will be the CFO, which is a Filipino government thing.

[Caryh 5,206]

If you choose to go the divorce in the US route, you'll be committed to the AOS within the US totally because if your fiancee returns to the PHL then she will need an annulment. As noted before, a foreign divorce between two Filipino citizens will not be recognized by the Philippines and the Dept of State is bound by regulation to recognize the law of the place where the marriage occurred. So if she married in the Philippines, then no visa will be issuable until it is annulled. There is nothing wrong with the divorce in US and AOS in the US approach, just know that is she is not allowed to AOS then you'll likely need to shell out for an annulment in the Philippines as well.

The Philippines is the only place in the world she will be considered married if she divorces in the USA. It only becomes an issue for them if she attempts to return the Philippines. Filipinos regularly divorce and remarry outside the Philippines, even to each other. That marriage is just not officially recognized by the Philippine government, while the rest of the world recognizes it.

[Hank_ 9,173]

^^^ I don't agree with the bolded statement.

She will have been legally divorced in the U.S., and the Embassy will issue a visa because it follows U.S. laws.

The issue will be the CFO, which is a Filipino government thing.

I agree with the complete statement but bolded some anyway!

[Tahoma 2,291]

I agree with the complete statement but bolded some anyway!

^^^ I agree with your agreement, and I just felt like bolding something for no apparent reason.

[Hank_ 9,173]

Too many agreeable people here.... where's scruffydog!?