Philippines Annulement Problems

[Matt9457 0]

The problem. My wife thought she had the annulement, we did the paperwork, and got a married by a judge in the philippines. We filed the paper work, and thought we were good. We now started to get the visa ball rolling. She went to the CFO and got a certificate from Cebu, but they questioned her divorce. She went to NSO in Davao to get a new passport and name change on passport, and they said it shows she now has 2 husbands and the annulement never happened, and how did she remarry. She went to city hall and found out they didn't send the paper work before to manila, and are saying there are now new rules.

They are now saying once again she needs to get her exhusband, who is japanese and has no interest in helping us, to sign a paper, and also get the paper work from city hall in japan again. Which according to our informantion requires the exhusband to help her get and he won't.

1. She has a cfo certificate with her married name to me on it, not her married name to her exhusband and her current passport. She can't get the stamp with that from what I understand. (thought about trying the fiance visa)

Does anybody have any solutions. The keep saying the only hope is having her exhusband sign the new paper and get the divorce paper work again in cityhall. I don't know what the new rules are, but can she try to use the family code or whatever it is called. I was reading if she has a child by another man(me) there is grounds for annulement. Is that feasible. Can she just do the visa in another country at an Embassy there. Or is there any way to just sneak her out of the philippines with the fiance visa and just have her fly here from another country(Hong Kong).

[Norwood 6]

You can't get a fiancé visa if you're already married. Beyond that I don't know much about annulment laws in PH. Travelling around over there in PH or HK is not going to happen without having gone through the process legally.

[Cyclone 4]

If you're married you are ineligible for a fiance visa.

[Ivy. 113]

If you're married you are ineligible for a fiance visa.

True. But, according to what I know about law (mind you, European) you can not be legally married if the previous marriage did not end. Croatian Family Law explicitly states that. Such marriage would automatically be considered null and void (meaning as if it had never happened, no legal consequences).

Could it be similar in Phil?

Edited June 2, 2013 by Ivy.

[apple21 953]

The problem. My wife thought she had the annulement, we did the paperwork, and got a married by a judge in the philippines. We filed the paper work, and thought we were good. We now started to get the visa ball rolling. She went to the CFO and got a certificate from Cebu, but they questioned her divorce. She went to NSO in Davao to get a new passport and name change on passport, and they said it shows she now has 2 husbands and the annulement never happened, and how did she remarry. She went to city hall and found out they didn't send the paper work before to manila, and are saying there are now new rules.

They are now saying once again she needs to get her exhusband, who is japanese and has no interest in helping us, to sign a paper, and also get the paper work from city hall in japan again. Which according to our informantion requires the exhusband to help her get and he won't.

1. She has a cfo certificate with her married name to me on it, not her married name to her exhusband and her current passport. She can't get the stamp with that from what I understand. (thought about trying the fiance visa)

Does anybody have any solutions. The keep saying the only hope is having her exhusband sign the new paper and get the divorce paper work again in cityhall. I don't know what the new rules are, but can she try to use the family code or whatever it is called. I was reading if she has a child by another man(me) there is grounds for annulement. Is that feasible. Can she just do the visa in another country at an Embassy there. Or is there any way to just sneak her out of the philippines with the fiance visa and just have her fly here from another country(Hong Kong).

If the annulment "never happened" it means your marriage is invalid. She won't be granted a spouse visa (IR/CR) if she can't present the proper annulment papers to USCIS, NVC and the US Embassy Manila. CFO is not the only bump along your road.

Edited June 2, 2013 by apple21

[I AM NOT THAT GUY 5,715]

Yeah, until she gets a clean certificate of no marriage from the NSO, no Fiancee Visa. Until she gets a clean certificate of marriage from the NSO with you listed as the husband and all previous marriages annulled, you won't get the Spousal Visa either.

Edited June 2, 2013 by The Patriot

[littlej 23]

even if you did the k1 you would still need to show that her first marriage is not valid- divorced or annulled

[Kathryn41 3,205]

Topic has been moved from the CR-1 forum to the Philippines Regional forum as it is country specific, rather than visa specific, and is more appropriate addressed in this forum.

[Bugs 455]

So nobody has any suggestion as to how he can get this annulment done?

[I AM NOT THAT GUY 5,715]

So nobody has any suggestion as to how he can get this annulment done?

Find a trustworthy and competent lawyer in the Philippines, and wait for the process to conclude. It could take a couple months if all that needs to be done is correct the record. If it has to go back before a judge, considerably longer.

[Darnell 8,479]

True. But, according to what I know about law (mind you, European) you can not be legally married if the previous marriage did not end. Croatian Family Law explicitly states that. Such marriage would automatically be considered null and void (meaning as if it had never happened, no legal consequences).

Could it be similar in Phil?

Well, they count things, there.

For example, since she not have 'the new thing' for the annulment on the prior marriage

plus

a new husband with a new marriage certificate

she's now, legally, a bigamist and can be arrested for that in the RoP.

[Hank_ 9,174]

True. But, according to what I know about law (mind you, European) you can not be legally married if the previous marriage did not end. Croatian Family Law explicitly states that. Such marriage would automatically be considered null and void (meaning as if it had never happened, no legal consequences).

Could it be similar in Phil?

Thing about what you just said... "previous marriage did not end." .... thus still married.

[biaobiao 40]

best advise would be to contact a very good lawyer. it seems that the 2nd marriage is invalid and if the japanese husband will sue the wife.. it will be bigamy.

[LSnBigBear 61]

One of my friends had a similar situation where his now wife was married to a Japanese man also. First, I believe the fact as others mentioned is your wife has committed a crime in the Philippines or else your marriage to her is invalid. My friend hired a Philippines Attorney that his wife handled. They were doing the K1 and not K3 Visa. It took an additional 9-12 months to get ti all straightened out. They made it but wow what a process. She then failed her medical due to TB so it took another 6 months. Seek an Attorney,,, you need it as trying to go other routes to get her here is going to be difficult.

[S & H 4]

I recommend you hire a good Filipino attorney to fix the problem. I'm surprised that you both were able to marry. My wife had to submit an NSO CEMAR that showed her previous marriage was annulled when we applied for the marriage license.

My wife and I know an attorney in the Davao area. PM me and I'll send you her contact info.

Edited June 3, 2013 by S & H