My wife and her "other" husband

[anthonynortex 0]

Our story is long and convoluted. I met my wife in 2009 in Korea about 5 months after she left her Korea ex-husband. We dated then later moved in together. We discussed getting married but we were at a stale mate with Ex because he wouldn't agree to the divorce and kept threatening to get her deported if he knew where to send immigration. So about 6 months before I finished my service and left Korea we got preggers. We decided from an economical stand point that she should go home and have the baby as I was transitioning from the military and it's not cheap in the US without insurance or a job yet at that time. Right before we left like 4 days before we left she was able to obtain her divorce decree and also find out that Ex had been married as long as we'd been together(spiteful). This was my first relationship with a Filipina, and she somehow had no knowledge that the PI won't recognize her divorce unless we pay them all of our money. so we get a lawyer we giver her a few thousand, then a couple thousand more. In Feb 2012 I went over to marry her. once I arrived the lawyer told us that Ex wouldn't sign some paper that she needed to get my wive's singleness. $1500 later singleness, CENOMAR, boom civic wedding. Visa process started. The lawyer promised me when we got married that the "bribe" to Ex will be the last for this process to fix her marriage. then promptly after we're married told u we need to pay another $3000 to fix her CEMAR. we parted ways. Then after some research I realized how bad she swindled us and she vanished like Batman in front of an open window. Today we are just about done. We are just waiting for NVC to tell us we're complete and interview, but i'm not sure what the lawyer did because we were married in manila, all her ID and Passport have my last name, but her CEMAR has both me and Ex on it. We don't have a judgement annulling, or recognizing the divorce. At this point we cannot afford to pay, and we really don't want to be apart another year maybe more. The NVC told me that we will have no issues because we filed everything they needed ie marriage/divorce documents, but I know better than that. the USEM in manila is the worst, and every experience we have had with them in any capacity has be frustrating and infuriating. They are anti-helpful, it seem like they enjoy keeping families apart. I have heard a lot of horror stories, but I've also seen a few stories similar to ours where the embassy just accepted the divorce papers and the visa was approved.

Any advice, recommendations, or life hacks?

[Hank_ 9,173]

Once you wife had the divorce decree from her Korean husband (he petitioned it) she was good to go, it only need to be "recorded" with NSO. I don't know the exact process for that, but it looks like that lawyer you hired hosed you big time. I believe it is correct for the CEMAR to show the passed husband and you, the current husband.

You could not have gotten married in the Philippines if her divorce had not been recognized.

Unless the lawyer had a "fixor" create the documents you should be fine. Did you wife get the CEMAR directly from NSO?

Just my opinion ...

[anthonynortex 0]

Thanks that's what I wanted to hear. Yes she received her CENOMAR from the NSO. She changed her passport and ID to my last name already. I read that with a fixor you an't do those things.

[anthonynortex 0]

Yes he initiated the Divorce in his country of origin, and I;m not sure exactly what that Lawyer did, but since getting married there has be no question from the Phils side of the legitimacy of our marriage for any of my wife, or my daughter's paper work, including my daughters CNBA, US passport and SSN. I just read about the CEMAR and that the embassy will deny us despite what the NVC told me.

[asianculture 14]

Hello Anthonynortex,

In my own point of view, if your wife ex is Korean Citizen ( Foreign ) and the divorce is granted, you guys just need to present it to NSO and they will accept it.

I read that in a situation that both Filipino Citizen got married in the Philippines or in other country, divorce will not be honor, unless they get annulment in the Philippines because they have to follow the rules of the Philippine constitution as a filipino citizen , so i hope the ex is foreign and a citizen of other country.

Regarding the CEMAR it will always show both you and the ex but with the divorced paper attached to it, it will be alright.

I am not a lawyer but a close friend of mine had a situation like this and they overcome the obstacles.

Do not loose hope and always positive.

[anthonynortex 0]

Thanks, yes he is a Korean National, and he divorced her in Korea.

[malenliam 18]

You need first to annul themarriage in the philippines if the marriage is registered in NSO. Just present the divorce paper to an attorney in the philippines, it will take one month for yhe process. After that they will issue a decision and that paper need to present in NSO. You will wait another weeks, maybe 2-4 weeks before it will be registered. Then thats the time you can get a CEMAR, in which the two marriages iswritten but the marriage with the korean is null and void.

here in the philippines, they didnt recognize the second marriage as legal if the first marriage is still not annuled.

[Hank_ 9,173]

Yes he initiated the Divorce in his country of origin, and I;m not sure exactly what that Lawyer did, but since getting married there has be no question from the Phils side of the legitimacy of our marriage for any of my wife, or my daughter's paper work, including my daughters CNBA, US passport and SSN. I just read about the CEMAR and that the embassy will deny us despite what the NVC told me.

You should be good to go, just bring what is listed in the embassy instructions letter and all will be good, and I would bring a copy of the divorce decree just the same.

http://photos.state.gov/libraries/manila/865058/instructionpackets/IV%20Applicants_%20Interview%20Preparation%20Instructions%20_as%20of%2017%20September%202013_%20without%20footer.pdf

There will be duplicates of what NVC asks for, but the embassy is another event and wants it's own stuff.

Edited April 23, 2014 by Hank_

[anthonynortex 0]

Once you wife had the divorce decree from her Korean husband (he petitioned it) she was good to go, it only need to be "recorded" with NSO. I don't know the exact process for that, but it looks like that lawyer you hired hosed you big time. I believe it is correct for the CEMAR to show the passed husband and you, the current husband.

You could not have gotten married in the Philippines if her divorce had not been recognized.

Unless the lawyer had a "fixor" create the documents you should be fine. Did you wife get the CEMAR directly from NSO?

Just my opinion ...

Hello Anthonynortex,

In my own point of view, if your wife ex is Korean Citizen ( Foreign ) and the divorce is granted, you guys just need to present it to NSO and they will accept it.

I read that in a situation that both Filipino Citizen got married in the Philippines or in other country, divorce will not be honor, unless they get annulment in the Philippines because they have to follow the rules of the Philippine constitution as a filipino citizen , so i hope the ex is foreign and a citizen of other country.

Regarding the CEMAR it will always show both you and the ex but with the divorced paper attached to it, it will be alright.

I am not a lawyer but a close friend of mine had a situation like this and they overcome the obstacles.

Do not loose hope and always positive.

You should be good to go, just bring what is listed in the embassy instructions letter and all will be good, and I would bring a copy of the divorce decree just the same.

http://photos.state.gov/libraries/manila/865058/instructionpackets/IV%20Applicants_%20Interview%20Preparation%20Instructions%20_as%20of%2017%20September%202013_%20without%20footer.pdf

There will be duplicates of what NVC asks for, but the embassy is another event and wants it's own stuff.

Hmmmm my wife went to the NSO office and of course they said she can't register her divorce unless it is annulled. Everything about this situation is so aggravating. I read the family law book which basically confirms what you and asianculture said, but the officials in who work for the government seem to have a different family law book... I also read about the change in Phil law that stated divorce will be recognized in certain instances. our situation is word for word whatthat article and the family law book say. So tired of dealing with this madness.

[Hank_ 9,173]

Hire an attorney to get the divorce recognized... the clerks will not argue as much

[Greenbaum 12,258]

Here are the steps to complete all the documentation for a solid annotated annulment/divorce. We just went through this in Oct and we were approved. Remember, you will see the Filipino CO first and if your document for the annotated annulment is not correct you will be refused at that point, never making it to the US CO. When the Filipino CO passes your documents to the US CO he is claiming that all your papers, as presented, clear all Filipino Laws and are legal in the "eyes of the Filipino Government". Then onto the US CO. Once you are with the US CO, after passing muster with the Filipino CO then you stand on the merits of your case as a whole.

Your fiancée will need the decision of the annulment, entry of judgment, then the decree of annulment. Next, she needs to secure a copy of the marriage contract with the annulment annotated on it. A total of four documents. BTW, if there is already a decision, she needs to wait 20 days from receipt of the Solicitor General of copy of her decision before she can secure the Entry of Judgment. After securing the Entry of Judgment, she will have to register the same to the Local Civil Registrar where the marriage took place (if she married overseas then it will be the LCR of her home community). The said office will transmit the same to the NSO. She will show the Court what date the LCR transmitted the documents to the NSO. With the proof of receipt of the NSO, the Court will then issue the Decree of Annulment. After 15 days from receipt of the NSO from her documents, she can now request for copy of the marriage contract with the annotated annulment proceedings. She should request at least 4 copies for future use.

It's a tedious process, but remember DAVID.... only Goliath stands in your way.

Edited April 23, 2014 by Greenbaum

[anthonynortex 0]

How much time and money is that going to cost me? I really don't get how this works legally. her ex husband divorced her and has been married for 6 year, and we have been married 2 years, but this is still an issue. Also I'm not sure if this has any relevance but she already has her CFO certificate.

[Hank_ 9,173]

Do you have a CENOMAR (CEMAR) listing your name as husband?

[Greenbaum 12,258]

How much time and money is that going to cost me? I really don't get how this works legally. her ex husband divorced her and has been married for 6 year, and we have been married 2 years, but this is still an issue. Also I'm not sure if this has any relevance but she already has her CFO certificate.

Is the divorce from the Korean husband final?

Have you filed with Local Register (LR) and NSO?

Do you have similar annotation on the divorce decree/marriage certificate (see below)?

“Pursuant to the decision dated XXXX, rendered by presiding Judge Hon. XXXX the XX Circuit Court, in XXX City, under civil case No. XXXX, Judgment is hereby rendered approving the divorce of herein petitioners thereby severing and terminating their marriage bond. Petitioners are hereby ordered to faithfully comply with the terms of the Divorce Agreement. Let the divorce be registered in the registry book on Divorce. Petitioner-wife is granted the authority to revert back to return to the use of her maiden name XXX XXX XXX in all her papers or documents”.

If you have the annotation you are good to go otherwise it is my opinion your case is still in limbo and may have an effect on your visa interview.

You don’t need a lawyer to send the paperwork through the system to get it annotated. Just follow my steps in my earlier post. Start with your LR in her local community and explain your situation and they will instruct her along to complete this. It will cost you some money but it is not a great deal.

[anthonynortex 0]

Is the divorce from the Korean husband final?[/font9

Yes the divorce has been final for more than 5 years. We have the divorce decree. We didnt go to the LR but she was turned away at the NSO office yesterday. They said she cant have it annotated.