Petitioning wife whose annulment may not be finalized

[Hopefully 4ever 0]

If a Filipina woman is married in the US to a US citizen but still has to return home for the 2-year home residency requirement can she still be petitioned by her U.S. citizen husband to come to the U.S. if she is still legally married in the Phillipines but was divorced in the US to the filipino?

She is here in the US on a J-1 Visa and has filed for an annulment from the man she's still legally married to whom she's been seperated for years in the Philippines prior to coming to US. Her lawyer (here in U.S) says it can up to three years for an annulment to go through and even then it may be denied.

So if she stays in the Philippines to meet her 2 year residency requirement but is stil pending, or worse yet, denied her annulment, can she still be petitioned by her U.S. husband through the USCIS?

Thank you for your time in advance

[brian and aileen 14]

So you mean to say she got married in the US with her US citizen husband while she's legally married in the Philippines? She should file annulment first before entering into another marriage , even if you are separated for a couple of years in the Philippines, that doesn't mean one is free to marry another person. I was separated for 7 years and i waited 2 years before i got my annulment decision.

[Harsh_77 718]

Her marriage to USC in US would be considered illegal if she is still married to someone in Phillip.

Her USC husband cannot petition for her either in US nor from Phillip until the annulment is complete and she is single again.

[Hopefully 4ever 0]

So you mean to say she got married in the US with her US citizen husband while she's legally married in the Philippines? She should file annulment first before entering into another marriage , even if you are separated for a couple of years in the Philippines, that doesn't mean one is free to marry another person. I was separated for 7 years and i waited 2 years before i got my annulment decision.

Correct she already got married in the U.S.

Can her U.S. husband still petition for her once her 2 year requirement has been met if the annulment hasn't gone through and she's still married in the Philippines?

[brian and aileen 14]

NO he can't petition her, and oh btw, in the eyes of USCIS she commit bigamy. The annulment date should come first before the date of her marriage with her USC husband. Someone correct me if I'm wrong .

[Hopefully 4ever 0]

NO he can't petition her, and oh btw, in the eyes of USCIS she commit bigamy. The annulment date should come first before the date of her marriage with her USC husband. Someone correct me if I'm wrong .

How would it be bigamy if she got divorce through the courts here in the U.S.?

[brian and aileen 14]

She got married in the Philippines and even if she was already divorced in the US, she's still legally married in the Philippines. Remember that's 2 different country with 2 different laws. Maybe someone here who have more experienced and knowledgeable on this matter will help you.

God Bless both of you .

[Artisan 138]

How would it be bigamy if she got divorce through the courts here in the U.S.?

Because her divorce is not recognized by the Philippine government. Divorce is illegal in the Philippines. If she was married in the Philippines (to another Filipino) there is no where in the world she can be granted a legal divorce. She must have the marriage annulled. The only time a divorce for a Filipino is recognized is when one of the parties is a foreigner and the divorce was obtained legally in the country of the foreign spouse. Even then, under CURRENT law (which is soon to be changed if President Aquino ever signs the Bill in question) if the Filipino is the one that initiated the divorce they are still unable to remarry.

[Artisan 138]

Just to add, if you are already married to this Filipina you will need to stop all your immigration related paperwork before this case appears in front of a CO. She needs to get her house in order first and foremost. Her annulment must be processed and properly registered with the NSO. Once that has been done you will need to marry legally this time before she can apply for a CR-1 visa.

Edited December 1, 2012 by Artisan

[pushbrk 14,250]

If a Filipina woman is married in the US to a US citizen but still has to return home for the 2-year home residency requirement can she still be petitioned by her U.S. citizen husband to come to the U.S. if she is still legally married in the Phillipines but was divorced in the US to the filipino?

She is here in the US on a J-1 Visa and has filed for an annulment from the man she's still legally married to whom she's been seperated for years in the Philippines prior to coming to US. Her lawyer (here in U.S) says it can up to three years for an annulment to go through and even then it may be denied.

So if she stays in the Philippines to meet her 2 year residency requirement but is stil pending, or worse yet, denied her annulment, can she still be petitioned by her U.S. husband through the USCIS?

Thank you for your time in advance

If the woman of whom you speak is still married to a Filipino, she is not and cannot be your wife. If you married her, that marriage is not legal. I doubt she would be prosecuted but she has committed the crime of bigamy. My advice is to do nothing until her annulment is finalized, then you can "marry her" and petition for your legal spouse.

You might want to speak to an attorney about an annulment of your own. You are NOT legally married.

[Cathi 5,899]

How would it be bigamy if she got divorce through the courts here in the U.S.?

you never stated she was already divorced in the US, we are not mind readers. You merely stated her annulment wasn't final

[Cathi 5,899]

How would it be bigamy if she got divorce through the courts here in the U.S.?

you never stated she was already divorced in the US, we are not mind readers. You merely stated her annulment wasn't final

[VanessaTony 3,567]

you never stated she was already divorced in the US, we are not mind readers. You merely stated her annulment wasn't final

No.. he said she was divorced in the US, in the OP. See here:

If a Filipina woman is married in the US to a US citizen but still has to return home for the 2-year home residency requirement can she still be petitioned by her U.S. citizen husband to come to the U.S. if she is still legally married in the Phillipines but was divorced in the US to the filipino?

She is here in the US on a J-1 Visa and has filed for an annulment from the man she's still legally married to whom she's been seperated for years in the Philippines prior to coming to US. Her lawyer (here in U.S) says it can up to three years for an annulment to go through and even then it may be denied.

So she divorced the legal husband in the US so she could marry the USC in the US. She's filed for an annulment in the Philippines but it isn't final yet.

[VanessaTony 3,567]

Correct she already got married in the U.S.

Can her U.S. husband still petition for her once her 2 year requirement has been met if the annulment hasn't gone through and she's still married in the Philippines?

Here's another qn. Is she eligible to have the 2 year home requirement waived so that you can file in the US without her leaving? She still needs to process the annulment so that she's legal in her home country, but right now she's legal to AOS in the US (IF you can get the 2 year home residency requirement waived... I know some people have had success with that).

If she return to her home country, you need to file for an annulment first so that she's not committing bigamy once she returns to the Philippines. Then after her annulment is processed, you can either file a K1 visa, or go and get married and file a CR-1. It will take some years for all this to happen.

[pushbrk 14,250]

Because her divorce is not recognized by the Philippine government. Divorce is illegal in the Philippines. If she was married in the Philippines (to another Filipino) there is no where in the world she can be granted a legal divorce. She must have the marriage annulled. The only time a divorce for a Filipino is recognized is when one of the parties is a foreigner and the divorce was obtained legally in the country of the foreign spouse. Even then, under CURRENT law (which is soon to be changed if President Aquino ever signs the Bill in question) if the Filipino is the one that initiated the divorce they are still unable to remarry.

OK, sorry. I didn't see that she was divorced in the USA. Certainly, a Filipina can get divorced in the USA and that divorce will be recognized at least everywhere else but perhaps not in the PI. The remaining issue is what kind of NSO certificate she can obtain indicating she has one and only one marriage. It would say she is married to her first husband. The question then, is will the Consular Officer accept that as having legally terminated the marriage, so that she was free to marry her current US Citizen husband. I would think so.

However, IF SO, there is no immigration related reason to pursue the annulment.

Edited December 1, 2012 by pushbrk