Petitioning wife whose annulment may not be finalized

[Hopefully 4ever 0]

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.

Thanks for all the information, and forgive me but I'm a bit confused still.

Why would the annulment not be an issue for immigration reasons?

Do you mean her husband (US citizen) could still petition for her when her 2 year sentence is over even if she's still legally married in Philippines?

[ca_babe 129]

Thanks for all the information, and forgive me but I'm a bit confused still.

Why would the annulment not be an issue for immigration reasons?

Do you mean her husband (US citizen) could still petition for her when her 2 year sentence is over even if she's still legally married in Philippines?

As what several people over here have said, the divorce in US is not valid in Philippines because they're both Filipino citizens. Her annulment in Philippines needs to be finalized first and recorded in the NSO before she can be petitioned for a K-1 or you could get married again in Philippines so you can file for a CR-1. Right now, your marriage is not valid.

[pushbrk 14,250]

Thanks for all the information, and forgive me but I'm a bit confused still.

Why would the annulment not be an issue for immigration reasons?

Do you mean her husband (US citizen) could still petition for her when her 2 year sentence is over even if she's still legally married in Philippines?

Yes, because she is immigrating TO the USA. The USA will consider her divorce valid for any immigration purpose. She could not remarry in the PI though. That's not an issue in this case.

As what several people over here have said, the divorce in US is not valid in Philippines because they're both Filipino citizens. Her annulment in Philippines needs to be finalized first and recorded in the NSO before she can be petitioned for a K-1 or you could get married again in Philippines so you can file for a CR-1. Right now, your marriage is not valid.

As long as the USA considers her divorce valid, it doesn't matter for any US immigration purpose whether the PI considers it valid or not. She only needs an annulment to remarry in the PI.

[Artisan 138]

Yes, because she is immigrating TO the USA. The USA will consider her divorce valid for any immigration purpose. She could not remarry in the PI though. That's not an issue in this case.

As long as the USA considers her divorce valid, it doesn't matter for any US immigration purpose whether the PI considers it valid or not. She only needs an annulment to remarry in the PI.

She will not be allowed to immigrate on a spousal or fiance visa. She was never free to marry. If this paperwork ever hits the desk of a CO there will be huge repercussions. Once her annulment is finalized she will be allowed to remarry. If, however, her annulment is denied she will NEVER be free to marry (until such time the law is changed to make divorce legal in the Philippines). As it stands she can suffer significant legal trouble cohabitating with a man that is not her husband. While the laws are not enforceable here, she runs the risk of jail (up to around 6 years) and/or other problems if this comes up during her annulment hearing in the Philippines.

The courts there have no problem charging a woman with immorality and adultery under Section 333 of the Revised Penal Code. Even if she manages to avoid jail time on her return to the Philippines she could be hit with destierro (in effect a form of banishment where she could not be allowed within up to 250km of her family home back in the Philippines). Filipino law is exceptionally harsh when it comes to punishing women and their partners. There was a rather public case a number of years ago where a woman and her British boyfriend were jailed and had to acquire false passports to escape the country after the husband she had been long separated from found out the woman was pregnant with this foreign man's child. The woman and her partner now are forever prevented from ever going back to the Philippines. For many Filipinos that are extremely close to their families that is almost a death sentence.

I would also like to point out that generally the most common route of annulment in the Philippines is due to psychological incapacity levied against the woman. (Sexual infidelity is never grounds for annulment.) This will automatically red flag your medical for review. While the doctors at St. Luke's in Manila are often sympathetic to this situation and typically write it off it still is embarrassing to the woman to answer quite a few personal questions about their previous marriage.

Edited December 1, 2012 by Artisan

[VanessaTony 3,567]

As long as the USA considers her divorce valid, it doesn't matter for any US immigration purpose whether the PI considers it valid or not. She only needs an annulment to remarry in the PI.

Her CEMAR will list her as married to another person. The divorce is NOT recognised in PI until the annulment. They OP cannot petition her (if she returns to PI) until her divorce is final and they marry, this time legally.

The US divorce decree isn't relevant because by PI law she is NOT free to marry, and by PI law she is a bigamist. This is why they ask for the CEMAR or CENOMAR. They won't let it slide with a CEMAR stating married, and a US divorce decree. They go by the countries laws. At the very least she won't be permitted to leave on a SPOUSAL visa to another man when her CEMAR states married to someone else. PI makes K1's do a CFO seminar or they can't leave...

I suggest the OP speak to someone who is up on PI law about this.

[Artisan 138]

PI makes K1's do a CFO seminar or they can't leave...

Everyone has to attend the CFO seminar, not just fiances.

[VanessaTony 3,567]

Everyone has to attend the CFO seminar, not just fiances.

I wasn't 100% sure. Thanks for the confirmation Just goes to show that country requirements DO matter.

[Hopefully 4ever 0]

Her CEMAR will list her as married to another person. The divorce is NOT recognised in PI until the annulment. They OP cannot petition her (if she returns to PI) until her divorce is final and they marry, this time legally.

The US divorce decree isn't relevant because by PI law she is NOT free to marry, and by PI law she is a bigamist. This is why they ask for the CEMAR or CENOMAR. They won't let it slide with a CEMAR stating married, and a US divorce decree. They go by the countries laws. At the very least she won't be permitted to leave on a SPOUSAL visa to another man when her CEMAR states married to someone else. PI makes K1's do a CFO seminar or they can't leave...

I suggest the OP speak to someone who is up on PI law about this.

I want to thank everyone for their thoughts, and it looks hopeful that in the end everything will work out. I will contact an attorney who has worked with the Philippine Embassy locally and will post what he tells me. The appointment is after Christmas, but I look forward to sharing what information is found. That way future couples will have knowledge in this area as well.

Take care everyone,you'll hear from me soon

[Artisan 138]

I want to thank everyone for their thoughts, and it looks hopeful that in the end everything will work out. I will contact an attorney who has worked with the Philippine Embassy locally and will post what he tells me. The appointment is after Christmas, but I look forward to sharing what information is found. That way future couples will have knowledge in this area as well.

Take care everyone,you'll hear from me soon

Good luck. I hope it works out well for you.