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

[Caryh 5,206]

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..

It doesn't matter what the husband was, it matters what the husband is, and that is a USC at the time of filing the K-1. The embassy is not establishing if the petitioner has a valid petition, its already been approved, they are only establishing if the petitioner can support the beneficiary, the relationship is valid and if the beneficiary meets the health requirements.