reporting marriage to phil embassy... spouse previously married in PH but was divorced.

[Scarlet_ 0]

hi, Ive been petitioned by my husband through a k1 visa and we are now more than a year married. I havent reported our marriage to Phil embassy yet, not bec we dont want to, but bec we just had no time to do that since were busy working... But now, i think I need to do that since my passport is going to expire soon and I might as well renew my passport under my married name... However there's a problem we might have...

My husband was previously married in the Philippines.. Both of them were Filipino citizens when they came here... ex wife filed the divorce. Divorce granted in a couple of years when they still both were filipino citizens.. after a year, my hubby got naturalized and became USC. he met me and he filed petition for k1 visa... ex wife got naturalized as well.. Both of them never filed for annulment of marriage in the Phil. Ex wife remarried again here in US.. US. Hubby and I got married here in US as well when I came here.. questions is, since my hubby is now a USC, same as his ex wife, will their divorce also be valid in the Phil? Can i report our marriage in Phil embassy and remarry in the pHil? hope anyone who experienced this can help me.. Thanks!

[uscparent 4]

Im not sure if this is correct but your husband had to have been a US Citizen at the time the divorce was filed for the Philippine Gov't to accept it sincd they were both Filipino Citizen. Had the person who filed for the divorce is a foreigner then Philippines will accept that.

[TBoneTX 43,546]

*** Country-specific thread moved from General Immigration Discussion to the Philippines regional subforum. ***

[Hank_ 9,173]

I concur; had to be a USC at the time of the divorce... so it won't be honored in the Philippines.

In the Philippines your husband and his EX are still married. You may have issues doing the Report of Marriage.

If you do the Report of Marriage your husband very likely would show up being married twice. (could be a potential "can of worms" doing the Report of Marriage)

BTW you could simple renew your passport in your maiden name. Then when you become a USC get your U.S. passport in your married name... just a thought.

[Tahoma 2,291]

I concur; had to be a USC at the time of the divorce... so it won't be honored in the Philippines.In the Philippines your husband and his EX are still married. You may have issues doing the Report of Marriage.If you do the Report of Marriage your husband very likely would show up being married twice. (could be a potential "can of worms" doing the Report of Marriage)BTW you could simple renew your passport in your maiden name. Then when you become a USC get your U.S. passport in your married name... just a thought.

^^^. Wrong!

She would have to report her marriage in order to renew her passport.

[Hank_ 9,173]

^^^. Wrong!

She would have to report her marriage in order to renew her passport.

Read section II of what the consulate states is required to renew a passport. ROM is not listed for a simple renewal. If renewing the passport WITHOUT a name change only what is listed in the (first) link below is required.

http://www.philippineconsulatela.org/consular%20services/CONSERV-ePassport.pdf

Section 3 of the below link shows what is required for renewing passport in married name.

http://www.philippineconsulatela.org/consular%20services/conserv-ppt.htm#1

Tell you want... show me a link to the consulate website to support your opinion... No link? No value to your opinion.

[belinda63 2,990]

What a mess. You are married in the US but not married in the Philippines. You have filed for a fiancé visa even though you are married. Are you currently in the US or the Philippines?

[Hank_ 9,173]

What a mess. You are married in the US but not married in the Philippines. You have filed for a fiancé visa even though you are married. Are you currently in the US or the Philippines?

Actually, HE is married in the U.S. to his new wife, and in the Philippines... to his EX wife. OP was single in the Philippines when petitioned, and currently is "married" in the U.S. but not the Philippines as ROM has not been completed.

Everything is legal and on the up and up... except for the Philippines NOT acknowledging the husbands previous divorce., for the rest of the planet he was divorced when he petitioned his new wife and was free to marry.

The Philippines can be too much fun sometimes...

[belinda63 2,990]

K, I was confused. So she already came on the K-1 and married here in the US. But he is still married to woman #1 in the Philippines. And she is still single in the Philippines. Wow what confusion it is.

[Hank_ 9,173]

K, I was confused. So she already came on the K-1 and married here in the US. But he is still married to woman #1 in the Philippines. And she is still single in the Philippines. Wow what confusion it is.

.... more or less ... you got it.

[Leatherneck 693]

K, I was confused. So she already came on the K-1 and married here in the US. But he is still married to woman #1 in the Philippines. And she is still single in the Philippines. Wow what confusion it is.

Yes it is confusing, and designed to be perpetually punitive.

The Philippines government has legislatively thrown road blocks in the way of Filipinos living outside of the country, who've decided they no longer wish to remain married to each other.

[Tahoma 2,291]

Tell you want... show me a link to the consulate website to support your opinion... No link? No value to your opinion.

Tell you what, I don't need to post a link because you already posted it. From your link:

"OTHER REQUIREMENTS

The Consular Officer reserves the right to require additional proof or documents, pursuant to the Philippine Passport Law (R.A. 8239) and the Foreign Service Act (R.A. 7157)"

That's exactly what happened to Chinook's friend.

[Hank_ 9,173]

... Let's post the complete section... this way YOU see "1" and "2" .. not just the excerpt you pulled to try and look like you got it right.

Renewing a passport without changing the name is not a special circumstance. Odds are very strong you are leaving out HUGE details regarding the "friend"

IV. ADDITIONAL REQUIREMENTS FOR SPECIAL CIRCUMSTANCES

1. FOR MARRIED WOMAN WHO IS USING HUSBAND’S FAMILY NAME FOR THE FIRST TIME:

In case of woman married in the U.S.: one (1) original and one (1) photocopy of the Report of Marriage

(ROM) issued by the Philippine Consulate where the marriage took place.

In case of woman married in the Philippines: one (1) original or certified true copy and one (1)

photocopy of Marriage Contract duly authenticated by the Philippine National Statistics Office (NSO).

2. FOR WOMAN DIVORCED BY NON-FILIPINO HUSBAND WHO IS REVERTING TO HER MAIDEN NAME:

One (1) original or certified true copies and one (1) photocopy of Judicial Decree of Divorce

3. OTHER REQUIREMENTS

The Consular Officer reserves the right to require additional proof or documents, pursuant to the Philippine

Passport Law (R.A. 8239) and the Foreign Service Act (R.A. 7157)

N.B. Original supporting documents are to be returned.

[Greenbaum 12,259]

Unless asked or the OP voluntary tells her story, I bet she can continue to change her passport while keeping her maiden name. Like Hank said when she becomes a NAT CIT she changes it then.

[n and m 10]

Hank is right, OP can opt to renew her passport in her maiden name but not with her married name..

Article 15 of the Civil Code of the Philippines provides that " Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad."...that's why any Filipino citizens even though living abroad cannot institute any action that are not recognize in PI. and unless they are naturalized, they are still Filipino citizens and they carried with them these obligations.......OP's husband knows that they cannot validly get divorce in the very first place that's why they didn't report their divorce decree in the Philippine embassy to have in annotated in their MC in PI and now their facing the consequences of their acts...we are all bounded by laws and we cannot just do what we want.

Since they didn't report/register the dissolution of the first in the Philippine embassy, in PI and under PI laws the first marriage was existing and binding...I just wonder why this issue was not taken during the interview..The Filipino Officer in USEM could have required the OP to show CENOMAR for her husband since he was once a Filipino citizen.. Anyhow, IMHO, OP's husband should fix this problem before the Phil embassy..