Divorced in USA wanted to Remarry

[Kevzil 2]

Hello everyone. I haven't been here for a while. For a summary I entered in K1 got married and got divorced.. I am now a ten year gc holder. My question is, iI am happily engaged and I want to work on what I needed to do before we set a date. We are planning to go to Philippines next year and while am there I wanna do some paperwoork. I really do not wanna miss my second chance of happiness . I have read too that if I have the divorce decree already I can just file a " recognition of Annulment" . Fyi I filed for the divorce. Thank you for the help everyone.

[Caryh 5,206]

As the Philippine citizen who filed for divorce, your divorce will never be recognized in the Philippines. For a divorce to be recognized for a Philippine citizen, they needed to be the respondent and not the filer of the divorce. To get your marriage terminated in the Philippines, you need to go through the annulment process there.

Even if you you were not the filer of the divorce, getting the divorce recognized isn't a simple step of just showing the papers. A case must be filed with the courts to review your divorce to insure it was properly given by the courts. Once judgement has been completed in your favor, that judgement then needs to be submitted to the NSO by your lawyer so your CEMAR is eventually annotated to show your single status again.

[tuckin14 58]

I'm a tad puzzled by exactly what you're asking, but I can tell you this. Your marriage must be legal in the jurisdiction where it took place. However, a divorce granted in the USA will be recognized in the USA. So you and your fiance could probably get married in the USA. Legally in the Philippines you might be a bigamist, but the USA won't care. If for some reason you have to get married in the Philippines, then you have to tackle the paperwork there.

Check with a lawyer - it's worth a couple hundred bucks to be sure.

[Kevzil 2]

My first marriage was never reported in the Philippines so my status there is still single. Which one should I do? Marry before or after being an American citizen? Thank you all for your help!

[Kevzil 2]

Hi all!

To make the story short I am divorce and I filed for it. My marriage was never reported to Philippines and now am engaged. What is the right thing to do? I researched that I have to file for annulment in the Philippines but record must show am single since I didn't report our marriage. I am planning to apply for citizenship, if I would become one and get married here do I have to file for annulment in Philippines? I am really confuse. I really do not want to missy second chance of happiness . Thank you very much!!!

[GaryKO 49]

If you never reported your marriage in the PH, then there is nothing to annul. This would only apply anyway if you wanted to get married in the PH, and do it legal. You cannot apply for US citizenship until 5 years after your greencard date, so you want to wait that long? It may be good for you to have a long engagement.

[NigeriaorBust 4,087]

Are you planning to marry someone from the Philippines ?

[Ryan H 3,812]

Similar topics merged.

[Kevzil 2]

I am supposed to apply for citizenship 2017, got my conditional gc last 2012. I thought if I had to do the annulment might as well take care of it now. We don't have a date set up yet . No, my fiancee is a US citizen, planning on a trip next year for him to meet my folks from Philippines. Thank you,

[Kevzil 2]

If you never reported your marriage in the PH, then there is nothing to annul. This would only apply anyway if you wanted to get married in the PH, and do it legal. You cannot apply for US citizenship until 5 years after your greencard date, so you want to wait that long? It may be good for you to have a long engagement.

I am aware about the 7year waiting period for divorced Filipinos. How about when I renew my passport? My greencard and passport last name don't match, are they going to force me to report my previous marriage? Thanks

[GaryKO 49]

I am aware about the 7year waiting period for divorced Filipinos. How about when I renew my passport? My greencard and passport last name don't match, are they going to force me to report my previous marriage? Thanks

Maybe your putting the cart before the horse. Have you removed the conditions of your 2 year green card yet? When you have your 10 year card you can start thinking about US citizenship....It does not matter that your green card and passport last name do not match....I assume your passport is in your unmarried name, and your green card is in your married name. If you file for ROC, and you should of done that when your divorce was final, did you file in your Maiden name? Also did you file for the divorce, or were you the defendant?

Need a little more information. Are you planning to go back to the PH anytime soon, are you planning to get married again in the PH. Do you have your 10 year card now? When does you PH passport expire? As for as passports go when you renew your passport, use your maiden name if unmarried. If you marry again use your new married name. I do not think I would get married again until you have your 10 year card in hand. When you divorced then you are out of status, until you remove the conditions of your 2 year card. Instead of being eligible to apply for US citizenship in 3 years if you stayed married, you must wait 5 years now if you get your 10 year card.

[Caryh 5,206]

I am aware about the 7year waiting period for divorced Filipinos. How about when I renew my passport? My greencard and passport last name don't match, are they going to force me to report my previous marriage? Thanks

There is no 7 year waiting period for divorced Filipinos, waiting period for what? If you never reported your marriage abroad, then you have no issues in the Philippines, your status there is still single. You have violated the law that requires reporting your marriage, but who's going to complain? I've never heard of anyone ever being forced to report their marriage abroad, you just don't get a few rights without doing so. Those rights are not that big, like not being able to get a passport in your married name, and your husband not being able to claim any rights as the spouse of a Philippine citizen, such as getting a 13A visa from your country. But if you're not planning to live in the Philippines, That is not an issue. The biggest issue with not reporting your marriage is the confusion it causes in your marital status, between the rest of the world and the Philippines. If you want to get married again, then get married. You live in the USA, under USA laws. You could in theory even report this marriage aboard to the embassy. If you take your new husbands name, you'll need to pay to get the name changed on your green card, or to get it changed back to your married name. You could have also done that when your applied to remove conditions, if you were already divorced.