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Bdh408

Filipina wife, now USC; HKG divorce; risk in traveling to Phils?

By Bdh408 in Philippines

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Bdh408 Newbie

Bdh408   0

Posted
Filed: Citizen (apr) Country: Philippines
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Hi, my wife is now a naturalized U.S. citizen (thanks in part to this helpful site!)

She was previously a Philippines citizen and had been married to another Filipino citizen. She procured a divorce in Hong Kong before we started the K1 process.

I assume that as far as the Philippines government is concerned, she is still married to her first husband (and is a bigamist).

Is there any risk of her traveling to the Philippines to visit family? Is there any history of people in this situation being detained at Philippines immigration? She has a U.S. passport but hasn't changed her name.

It seems that she could be arrested for breaking Philippines law but it also seems unlikely they'd want to go to the trouble.

Thanks.

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Sirliner Enthusiast

Sirliner   26

Posted
Filed: K-1 Visa Country: Philippines
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Posted

No risk. Assuming she's traveling on her U.S. passport, Phils immigration would have no knowledge of her martial status. Just another American arriving for a visit.

FYI, there is a way for her to do another divorce here in the U.S. and then have it recognized by the Phils legal system. Google is your friend.

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manilaraf Collaborator

manilaraf   28

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Philippines
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Posted

Bdh408,

I'm sorry I can't shed any light into your situation, but did you guys have any trouble getting a CENOMAR during the K-1 process or did the HK Divorce documentation satisfy the USEM?

"Ad Astra Per Aspera"

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Dec 11, 2014 - NOA1: Not sure what to put here, Dec 11, 2014, Dec 24, 2014 or something in between.

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Maria4Garrett Enthusiast

Maria4Garrett   5

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Filed: K-1 Visa Country: Japan
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Posted

There is no divorce in Philippines. An annulment of marriage is recognize to get clear of CENOMAR ( not a certificate of no marriage but report of marriage which has nulled and void) as one of the requirements for K1 visa. I guess she's already cleared from her Philippine marriage because she was allowed to be married with you.

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Greenbaum Grand Master

Greenbaum   12,258

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Filed: Citizen (apr) Country: Philippines
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Posted

There is no divorce in Philippines. An annulment of marriage is recognize to get clear of CENOMAR ( not a certificate of no marriage but report of marriage which has nulled and void) as one of the requirements for K1 visa. I guess she's already cleared from her Philippine marriage because she was allowed to be married with you.

Sorry wrong. :no: There is divorce in the Philippines.

If you are a Muslim, you can take your case to a Sharia Court and have your divorce processed. See Presidential Decree No. 1083 "Code of Muslim Personal Laws of the Philippines"

A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.

Especially Chapter III, Sec. 1, Art 45 through 51.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Maria4Garrett Enthusiast

Maria4Garrett   5

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Filed: K-1 Visa Country: Japan
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Posted

Sorry wrong. :no: There is divorce in the Philippines.

If you are a Muslim, you can take your case to a Sharia Court and have your divorce processed. See Presidential Decree No. 1083 "Code of Muslim Personal Laws of the Philippines"

A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.

Especially Chapter III, Sec. 1, Art 45 through 51.

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Maria4Garrett Enthusiast

Maria4Garrett   5

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Filed: K-1 Visa Country: Japan
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Posted

Oh ok! I didn't have knowledge about MUSLIM LAWS for I am a catholic and sorrounded by common laws in Philippines! I jumped into conclusion that OP's wife isn't a Muslim as he's worried if his wife has broken any marriage laws in the Philippines

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VOL Experienced

VOL   425

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Filed: AOS (pnd) Country: Philippines
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Sorry wrong. :no: There is divorce in the Philippines.

If you are a Muslim, you can take your case to a Sharia Court and have your divorce processed. See Presidential Decree No. 1083 "Code of Muslim Personal Laws of the Philippines"

A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES.

Especially Chapter III, Sec. 1, Art 45 through 51.

I have always considered moving to Philippines and becoming Muslims and taking about 5 wives

Bucket List........

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VOL Experienced

VOL   425

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Filed: AOS (pnd) Country: Philippines
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Posted

Bdh408,

I'm sorry I can't shed any light into your situation, but did you guys have any trouble getting a CENOMAR during the K-1 process or did the HK Divorce documentation satisfy the USEM?

I would like to know also.........

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Greenbaum Grand Master

Greenbaum   12,258

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Filed: Citizen (apr) Country: Philippines
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Posted

Oh ok! I didn't have knowledge about MUSLIM LAWS for I am a catholic and sorrounded by common laws in Philippines! I jumped into conclusion that OP's wife isn't a Muslim as he's worried if his wife has broken any marriage laws in the Philippines

No problem. I just wanted to set the record straight about the common mistake of making a claim that the Philippines does not have a divorce. You are correct in stating divorce is not available to the 95% who are Christian.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Maria4Garrett Enthusiast

Maria4Garrett   5

Posted
Filed: K-1 Visa Country: Japan
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Posted

No problem. I just wanted to set the record straight about the common mistake of making a claim that the Philippines does not have a divorce. You are correct in stating divorce is not available to the 95% who are Christian.

Barely would know...

I have always considered moving to Philippines and becoming Muslims and taking about 5 wives

Bucket List........

There were few famous personalities who did...

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Bdh408 Newbie

Bdh408   0

Posted
Filed: Citizen (apr) Country: Philippines
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Posted

We had no issues getting the K1 or any other stage of the process. The Hong Kong divorce is recognized by the U.S. government. (And as far as I know, by every government except Philippines and Vatican city.)

If the marriage has been separated for a while (I don't remember the duration) getting a no contest divorce in HKG is cheap and efficient. No need for an attorney.

You'll need original copies of the Hong Kong divorce for the visa process, adjustment of status and naturalization. Best to request a few extra originals.

Bdh408,

I'm sorry I can't shed any light into your situation, but did you guys have any trouble getting a CENOMAR during the K-1 process or did the HK Divorce documentation satisfy the USEM?

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LykaMarc Explorer

LykaMarc   19

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Filed: K-1 Visa Country: Philippines
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Posted

If the marriage has been separated for a while (I don't remember the duration) getting a no contest divorce in HKG is cheap and efficient. No need for an attorney.

Hey, don't say that! We attorneys need to eat too. :protest: hahahaha

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Greenbaum Grand Master

Greenbaum   12,258

Posted
Filed: Citizen (apr) Country: Philippines
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Posted (edited)

If the marriage occurred in the Philippines, and the Filipino wants to marry again in the Philippines or any where else and she will have it registered, she will have to get the HK based divorce authenticated by the Phil Consulate serving the HK area where the divorce occurred, then have the divorce go through a court review process in the Philippines.

You may want look into the process further to make your marriage legal.

NOTE: I am not an attorney, nor do I practice as one on TV or any other medium. Your mileage may vary.

Edited by Greenbaum
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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