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rogerkukas8

Getting Divorce - Need Advice

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I married my wife in the philippines about 6 years ago.

She came here on the spouse visa. She has a permanent resident card. We have split up for a few months and now I want a divorce.

After we get divorced here, how do we get divorced in the Philippines? I have already found somebody else I want to marry but she lives in the Philippines too.

What process do I take so I can legally get married to another Philippines citizen?

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I married my wife in the philippines about 6 years ago.

She came here on the spouse visa. She has a permanent resident card. We have split up for a few months and now I want a divorce.

After we get divorced here, how do we get divorced in the Philippines? I have already found somebody else I want to marry but she lives in the Philippines too.

What process do I take so I can legally get married to another Philippines citizen?

You have to get an annulment in Philippines. Divorce is not recognized. I will ask to move your question to the Philippines portal.

Also edit your profile and out up your Philippines flag so it will land n the correct country portal.

Edited by dwheels76

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You're free to marry another Filipina as long as you are Divorce here in the US and you'll be needing "Legal Capacity to Marry" from US Embassy before you get married again.

My brother married twice in the Philippines and no problem at all. Goodluck

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I married my wife in the philippines about 6 years ago.

She came here on the spouse visa. She has a permanent resident card. We have split up for a few months and now I want a divorce.

After we get divorced here, how do we get divorced in the Philippines? I have already found somebody else I want to marry but she lives in the Philippines too.

What process do I take so I can legally get married to another Philippines citizen?

Once the divorce is finalized you are good to go. You, the USC, must petition for the divorce for it to be recognized in the Philippines.

You as a USC do not need to do anything to marry again once the divorce is finalized, you could do the K-1 visa and marry without issue.

You are not a Philippine citizen so not sure you would be listed in the NSO database, but it is something to check if you plan to marry in the Philippines again.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

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I married my wife in the philippines about 6 years ago.

She came here on the spouse visa. She has a permanent resident card. We have split up for a few months and now I want a divorce.

After we get divorced here, how do we get divorced in the Philippines? I have already found somebody else I want to marry but she lives in the Philippines too.

What process do I take so I can legally get married to another Philippines citizen?

As you are the USC and if you get a divorce here in the US, you are legally free to marry and can get married to another Filipino citizen once your divorce is final. Make sure you have a few certified copies of the divorce filing as you will need to demonstrate to USCIS and USEM that you are legally free to marry.

You don't need to register your divorce in the Philippines. Your ex-wife, however, will have to register the divorce in the Philippines if she wishes to to remarry someone herself.


K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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You have to get an annulment in Philippines. Divorce is not recognized. I will ask to move your question to the Philippines portal.

Also edit your profile and out up your Philippines flag so it will land n the correct country portal.

This actually isn't correct. As a USC his divorce is automatically valid.

The Philippines does also recognize divorce in the situation where a Philippine citizen marries a foreigner and then legally divorces under the laws of the foreign country (either party can initiate the divorce).

Annulment is required as divorce is not recognized between two Philippine citizens.


K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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This actually isn't correct. As a USC his divorce is automatically valid.

The Philippines does also recognize divorce in the situation where a Philippine citizen marries a foreigner and then legally divorces under the laws of the foreign country (either party can initiate the divorce). :no:

Annulment is required as divorce is not recognized between two Philippine citizens.

The divorce is only recognized in the Philippines if the foreigner petitioned for the divorce, if the Philippine citizen petitioned the divorce it will not be accepted in the Phils.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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The divorce is only recognized in the Philippines if the foreigner petitioned for the divorce, if the Philippine citizen petitioned the divorce it will not be accepted in the Phils.

Ah, yes you are correct.Thanks for pointing that out! I always get confused about that:) I verified here:

http://www.hg.org/article.asp?id=20090

The above rule, however, admits of exceptions. One exception when divorce can be recognized in the Philippines is in cases of mixed marriages or marriages between a Filipino and a foreigner. In such cases, the foreign spouse may avail of divorce from his own country or from any other country which his own State will recognize. This is anchored on the 2nd paragraph of Article 26 of the Family Code of the Philippines which provides that “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”

The two elements for the application of the above provision are: (1) there is a valid marriage that has been celebrated between a Filipino and a foreigner; and (2) a valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.


K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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Ah, yes you are correct.Thanks for pointing that out! I always get confused about that:) I verified here:

http://www.hg.org/article.asp?id=20090

The above rule, however, admits of exceptions. One exception when divorce can be recognized in the Philippines is in cases of mixed marriages or marriages between a Filipino and a foreigner. In such cases, the foreign spouse may avail of divorce from his own country or from any other country which his own State will recognize. This is anchored on the 2nd paragraph of Article 26 of the Family Code of the Philippines which provides that “Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”

The two elements for the application of the above provision are: (1) there is a valid marriage that has been celebrated between a Filipino and a foreigner; and (2) a valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

This is actually saying the divorce must be filed by the non Philippine Citizen. That is not an exception to the rule. If the Filipino files for it, they need to annul in the Philippines. If a foreigner files for it, the Philippine citizen can go through the process of getting that divorce recognized in the Philippines and having their CEMAR annotated back to being single. Although it will show the previous marriage.


K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
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This is actually saying the divorce must be filed by the non Philippine Citizen. That is not an exception to the rule. If the Filipino files for it, they need to annul in the Philippines. If a foreigner files for it, the Philippine citizen can go through the process of getting that divorce recognized in the Philippines and having their CEMAR annotated back to being single. Although it will show the previous marriage.

That is how I am reading it now too. It is a bit confusing how it is written. As long as the USC files, then the divorce is recognized...


K-1 Visa

**AOS**

09/03/2014 AOS packet (I-485, I-765, I-131) delivered to Chicago lockbox

09/08/2014 NOA1 received for AOS, EAD, AP

10/01/2014 Biometrics

11/04/2014 I-485: Status changed to Testing and Interview

11/12/2014 EAD & AP Approved, combo card in production

11/22/2014 EAD/AP Combo card received

02/04/2015 AOS Interview - approved! Card in production

02/12/2015 Card received!

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That is how I am reading it now too. It is a bit confusing how it is written. As long as the USC files, then the divorce is recognized...

Written by lawyers in Bisaya, converted to Tagalog, then to Taglish, and finally to English by an Ilongo speaker. That is my interpretation to how laws are written in the Philippines. :lol:

Actually then the divorce can be recognized. This is no automatic process. The divorced Filipino must petition the court to review the divorce. Which will look at the divorce paperwork and the laws of the location it was given to determine if the divorce was properly given. If the court decrees it was properly given, then that court ruling can be forwarded to the NSO, to finally get the CEMAR annotated. I've heard its up to a 6 month to a year long process. But much cheaper and faster than an annulment.

Edited by Caryh

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

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