Frauder married twice in Philippines, once in US. Who is she married to? Can she get jailed for Bigamy?

[ECS 3]

Hi Folks,

Very long story. If you would like a background, go here: http://www.visajourney.com/forums/topic/348536-fraud-wife-being-removed-from-us/

1. Filipina marries Filipino in Philippines.

2. Filipina hides that marriage and marries US Citizen in the Philippines

3. Filipina and US Citizen go to the US.

4. Filipina obtains divorce from US Citizen in US (Philippine Citizen is petioner)

5. Filipina obtains divorce from Philippine Citizen in US (Philippine Citizen is petioner)

6. Filipina marries another US Citizen

7. US Citizen obtains divorce from Filipina Citizen (US Citizen is Petitioner)

8. Filipina gets deported back to the Philippines

Big question: Who is Philippine Citizen married to, according to Philippine Law?

Even though the U.S recognizes divorce, what happens when she returns to the Philippines and she is presumably married to the first Philippine Citizen? Does the U.S still recognize the divorce even though she is now in the Philippines? How can they recognize Philippine Law that doesnt allow divorce and enforce a US law that does allow divorce at the same time? US Citizen was not able to get marriage annulled why Philippine Citizen remained in the US, but since she is no longer allowed in the US, does the U.S HAVE to annul the marriage now?

Thanks!

Ed

[apple21 953]

The first husband (the guy pertained in #1.) She was married to him all along. The only way to dissolve that marriage is for her or him to file an annulment in the Philippines.

[Hank_ 9,174]

You win a cookie!!

[DavenRoxy 1,073]

Hi Folks,

Very long story. If you would like a background, go here: http://www.visajourney.com/forums/topic/348536-fraud-wife-being-removed-from-us/

1. Filipina marries Filipino in Philippines. Married to Filipino

2. Filipina hides that marriage and marries US Citizen in the Philippines Can't. Still married to guy in #1 above

3. Filipina and US Citizen go to the US. Nice vacation

4. Filipina obtains divorce from US Citizen in US (Philippine Citizen is petitioner) Can't divorce someone you are not married to. See #2 above

5. Filipina obtains divorce from Philippine Citizen in US (Philippine Citizen is petitioner) Can't. Must annul marriage made in PI in the PI still married to #1

6. Filipina marries another US Citizen Nope. See all the above. Still married to guy in #1

7. US Citizen obtains divorce from Filipina Citizen (US Citizen is Petitioner) Waste of time, but probably made him feel better

8. Filipina gets deported back to the Philippines About damn time. Hope she got a 10-year ban, too.

Big question: Who is Philippine Citizen married to, according to Philippine Law?

Even though the U.S recognizes divorce, what happens when she returns to the Philippines and she is presumably married to the first Philippine Citizen? Does the U.S still recognize the divorce even though she is now in the Philippines? How can they recognize Philippine Law that doesnt allow divorce and enforce a US law that does allow divorce at the same time? US Citizen was not able to get marriage annulled why Philippine Citizen remained in the US, but since she is no longer allowed in the US, does the U.S HAVE to annul the marriage now?

Thanks!

Ed

Exactly what Apple21 said.

[JRF 117]

At the least this will make a great Lifetime movie of the week. For that matter this is good for a miniseries.

[rhead 8]

My big question is how can that filipina married a us citizen in the philippines if she is previously married and was never annuled? Before mariage can take place each of one shows a proof that they are eligible to marry. Philippines has a good marriage records at national statistics office.before someone get married both of them are asked for a cenomar. Whether how many times that woman is married but her first marriage wasnt terminated legally the succeeding marriages are considered invalid.. Yes.. She can be jailed for bigamy if her husband would file a complaint.

Edited November 6, 2013 by rhead

[ECS 3]

The first husband (the guy pertained in #1.) She was married to him all along. The only way to dissolve that marriage is for her or him to file an annulment in the Philippines.

Yes, I realize that. But since the U.S recognizes the divorces, her third marriage (to me) would be valid (to the US, while in the US) That is why I couldnt get an annulment. But since she will be going back to the Philippines, I am hoping that would basically "reinstate" the first marriage to the Philippine Citizen (in the eyes of the US) and I am hoping that now I can get an annulment. Even though the Philippines would have never recognized any marriage after the first one.

You win a cookie!!

Sorry, but I don't get it.

At the least this will make a great Lifetime movie of the week. For that matter this is good for a miniseries.

HA! You wouldnt believe what I have gone through with her over the past 3 years because of what I found out about her! THAT Lifetime Movie would win the "This Cannot be True" award!

My big question is how can that filipina married a us citizen in the philippines if she is previously married and was never annuled? Before mariage can take place each of one shows a proof that they are eligible to marry. Philippines has a good marriage records at national statistics office.before someone get married both of them are asked for a cenomar. Whether how many times that woman is married but her first marriage wasnt terminated legally the succeeding marriages are considered invalid.. Yes.. She can be jailed for bigamy if her husband would file a complaint.

I'm not exactly sure how she did it, but from what I understand, she stole someone else's ID with a different year of birth. The CENOMAR stated that there were no marriages for "Myrna Smith" who was born on February 12, 1970. When in fact, she was really born on February 12, 1964. They were not looking for the right person though no fault of theirs.

[DavenRoxy 1,073]

Yes, I realize that. But since the U.S recognizes the divorces, her third marriage (to me) would be valid (to the US, while in the US) That is why I couldnt get an annulment. But since she will be going back to the Philippines, I am hoping that would basically "reinstate" the first marriage to the Philippine Citizen (in the eyes of the US) and I am hoping that now I can get an annulment. Even though the Philippines would have never recognized any marriage after the first one.

Third marriage was NOT valid, because she was not free to marry. Deceit and fraud do not a valid marriage make...

[ECS 3]

Third marriage was NOT valid, because she was not free to marry. Deceit and fraud do not a valid marriage make...

I agree with you that the third marriage SHOULD NOT be valid, but unfortunately, it is under US Law. Ive talked to at least 10 lawyers and unless that 11th one knew something or was willing to put up a different fight than the first 10, they all said the same thing. She met the residency requirements (albeit illegally) and obtained US divorces prior to the third marriage. But know, since she will be going back to the Philippines, what will the US do about the marriage? She cannot be both married under Philippine Law and divorced under US Law. Or can she? Because that is how it looks.....

[apple21 953]

I agree with you that the third marriage SHOULD NOT be valid, but unfortunately, it is under US Law. Ive talked to at least 10 lawyers and unless that 11th one knew something or was willing to put up a different fight than the first 10, they all said the same thing. She met the residency requirements (albeit illegally) and obtained US divorces prior to the third marriage. But know, since she will be going back to the Philippines, what will the US do about the marriage? She cannot be both married under Philippine Law and divorced under US Law. Or can she? Because that is how it looks.....

Filipina's status in the US is "divorced", but in the Philippines she is still married (to guy #1).

[Caryh 5,206]

Hi Folks,

Very long story. If you would like a background, go here: http://www.visajourney.com/forums/topic/348536-fraud-wife-being-removed-from-us/

1. Filipina marries Filipino in Philippines.

2. Filipina hides that marriage and marries US Citizen in the Philippines Philippine Citizen is now a bigamist by Philippine law.

3. Filipina and US Citizen go to the US.

4. Filipina obtains divorce from US Citizen in US (Philippine Citizen is petioner) Philippine Citizen still is considered married to two people by Philippine law

5. Filipina obtains divorce from Philippine Citizen in US (Philippine Citizen is petioner) Philippine Citizen can only annul any marriage, still married to two people by Philippine law.

6. Filipina marries another US Citizen Philippine Citizen is now married to three men by Philippine law. Still a bigamist

7. US Citizen obtains divorce from Filipina Citizen (US Citizen is Petitioner) Philippine Citizen can get this divorce recognised by the courts, but she's still considered married until she does.

8. Filipina gets deported back to the Philippines Philippine Citizen is a serial bigamist and adulterer. She may be imprisoned is someone brings charges against her.

Big question: Who is Philippine Citizen married to, according to Philippine Law?

Even though the U.S recognizes divorce, what happens when she returns to the Philippines and she is presumably married to the first Philippine Citizen? Does the U.S still recognize the divorce even though she is now in the Philippines? How can they recognize Philippine Law that doesnt allow divorce and enforce a US law that does allow divorce at the same time? US Citizen was not able to get marriage annulled why Philippine Citizen remained in the US, but since she is no longer allowed in the US, does the U.S HAVE to annul the marriage now?

Thanks!

Ed

Philippines law is rather strange, in that in order to charge and convict someone of these type of crimes, the aggrieved party must make the charges and the case. This party will pay the expenses of proving the case and getting them convicted. The accused party can sit and rot in jail during this time unless they are given the opportunity to bail themselves out. The Philippines does recognize marriages in other countries, they will not recognize the divorces if brought by a Philippine Citizen. More than likely none of these USA marriages have been reported to the embassy, so proving them in the Philippines would get more difficult. This is a touch of a grey area in proving a bigamy case. In order for the marriages to be recognized, they must be reported to the consulate with jurisdiction over the territory. What is completely clear cut though, is the first marriage to the Philippine Citizen is fully valid until such time as an annulment is obtained in the Philippines.

No USC is required to get their divorce recognized by the Philippine courts. It does not matter if the Philippine citizen filed for divorce or the USC did. As long as they have the divorce papers, they are considered divorced in the Philippines. This is one of those strange but true situations of Philippine law where the Fil citizen is married, but their USC spouse is divorced from them.

[Caryh 5,206]

Filipina's status in the US is "divorced", but in the Philippines she is still married (to guy #1).

She's married to all of them in the Philippines. The second two could annul the marriage with her because she was not single in order to get married, if they were Philippine citizens and needed to. Failure to follow the law and report the marriage abroad to the Philippine consulate, does not mean the government considers them not real. They're just not recorded. So she could just get away with getting an annulment for the first marriage.

If her first spouse was pissed, held a grudge, and had the money, he could seriously put some hurt on this woman.

But how all this affects the USC OP in the USA, her divorces were completely legal in the USA and she was free to marry him. It doesn't matter where she is in terms of her still being married to the first husband by Philippine law. They've considered that the case the entire time she was in the USA.

[Hank_ 9,174]

Apple21 won the cookie... Filipina is still married to the 1st husband.

Last USC in the chain got a divorce in the U.S. so he is free to move on in life... marry another Filipina if he chooses.

After that not sure why anyone should care what happens to her.... party hardy... she is gone!! (and yes she could be in trouble if her 1st husband want to pursue it)

[LoveLife2 5]

Apple21 won the cookie... Filipina is still married to the 1st husband.

Last USC in the chain got a divorce in the U.S. so he is free to move on in life... marry another Filipina if he chooses.

After that not sure why anyone should care what happens to her.... party hardy... she is gone!! (and yes she could be in trouble if her 1st husband want to pursue it)

I like Hank's response. Move on with life and enjoy. But if you need something to make you feel better without you pursuing or paying the cost, simply notify the First Phil Husband of what she has done and let it be up to him whether to report and what to do if anything. That way you don't know what happens but you did your due diligence in notifying Husband #1 who was the first to be caught by her web of lies.

just my opinion.

[ECS 3]

Thanks for all of the responses. I have, for the most part, moved on. I am happily remarried (not to a Filipina).

The reason why I am bringing this up is that, according to US Law, since she "legally" obtained the two divorces before marrying me, then our marriage was valid (in the US) and I am obligated to follow U.S family court rules and have to abide by the rules of the US. For purposes of this discussion, it doesnt matter how or why she was able to obtain these divorces. I am retiring from the military and US Law states that she is entitled to a percentage of my military retirement. Now if she goes back to the Philippines, it would be as if her FIRST marriage never ended, right? (even though that is already true in the eyes of Philippine Law) Which would then mean our "marriage" was never legal (in the eyes of US Law) Which means I should not be obligated to share my retirement pay with her.