Marriage Contract Problem

[Butchmoore16 2]

Hi. I am a Filipina married to a US citizen for 12 years now. we got married here in the Philippines. We have a son and we have filed for immigration visa, anyway, we were Denied bec. the Embassy here in the Philippines does not recognized our marriage due to his divorce papers date of acknowledgement. My question is what options do we go or do? should we just renew our vows and use the date of when we renew our vows? or get annuled and re marry? I am very confused and I have been talking to 3 lawyers here and they all suggesting different things.. Please Help..

Thanks!!!

[E K 4]

What do you mean by... due to his divorce papers date of acknowledgment...

do you mean that: you were married to the US Citizen before his divorce became final?

[Butchmoore16 2]

Yes.His Lawyer called and said the divorce paper was signed may 2005.. but the paper was dated sept. 2005.. we got married july 2005...

[Darnell 8,478]

in a divorce, there is a petition filing date and a divorce decree date.

rarely are the 2 the same, is no 'same day divorce' in usa.

technically, currently, your uscitizen husband is a bigamist. and that's illegal..

but hey- maybe we're all wrong about it ?

ask for and get a certified copy of the divorce decree - look for the date the judge signed the divorce decree - that's the date to go by.

in some states, this stuff can be viewed online at a county records website.

[Butchmoore16 2]

I have his Divorce papers here. In Texas they have a "Retro active Divorce" means that if both parties has signed and agreed infront of the judge.. they are legally divorce.. which means he cud marry But Philippnes US embassy here says that rules of US state cannot be and never will be applied here bec. we dont have divorce here.. and dont call a person bigamist unless u know them personally!

[E K 4]

You might have legal problems both in the US and in the Philippines.

As far as Philippine law is concern, you marriage to your husband is void because there was a valid and subsisting marriage when you married him.

Since there is no divorce in the philippines, your options

1. file for nullity of marriage (court proceedings) on the grounds that it was a void marriage., then you can re marry him/visa

You can not just have a renewal of vows, because what will govern is date of marriage in your marriage contract and not your date of renewal of vows. you can not change the date of marriage in your marriage contract because there was no error in there in the first place. plus correcting the date of marriage will still be judicial in nature meaning you will have to file a case for correction of entries which I doubt will be granted by the court.

2. Ask your us citizen husband to divorce you then have your divorce decree recognized in the philippine courts ( again this is judicial in nature). then re marry or apply of fiance visae

Both will entail long wait. Sorry

You might have legal problems both in the US and in the Philippines.

As far as Philippine law is concern, you marriage to your husband is void because there was a valid and subsisting marriage when you married him.

Since there is no divorce in the philippines, your options

1. file for nullity of marriage (court proceedings) on the grounds that it was a void marriage., then you can re marry him/visa

You can not just have a renewal of vows, because what will govern is date of marriage in your marriage contract and not your date of renewal of vows. you can not change the date of marriage in your marriage contract because there was no error in there in the first place. plus correcting the date of marriage will still be judicial in nature meaning you will have to file a case for correction of entries which I doubt will be granted by the court.

2. Ask your us citizen husband to divorce you then have your divorce decree recognized in the philippine courts ( again this is judicial in nature). then re marry or apply of fiance visae

Both will entail long wait. Sorry

[Butchmoore16 2]

Thank you for the infos.. ?

can he file a divorce in the US even if we got married here in the Phils?

[E K 4]

Sorry po.. to be the bearer of bad news.

[aaron2020 11,651]

I have his Divorce papers here. In Texas they have a "Retro active Divorce" means that if both parties has signed and agreed infront of the judge.. they are legally divorce.. which means he cud marry But Philippnes US embassy here says that rules of US state cannot be and never will be applied here bec. we dont have divorce here.. and dont call a person bigamist unless u know them personally!

Even if the date on the divorce agreement is September instead of May, they would still had to file it with the court. The agreement is not finalized until the court said it is. It doesn't matter when he signed it. Can your spouse prove that the divorce agreement was signed and filed before your wedding?

While Texas may allow for a "retro active divorce," it doesn't mean the Philippines has to accept it. Under PI laws with the Sept. dated divorce, your husband was not free to marry you.

You were given advice. Under PI laws, your husband is a bigamist and that is why you can't get a visa. It wasn't a personal attack. It was a statement of the law and your situation. You owe Darnell an apology.

Edited January 22, 2016 by aaron2020

[Butchmoore16 2]

I apologize.. I am sorry.. I was being too Sensitive..

[aaron2020 11,651]

Thank you for the infos.. ?

can he file a divorce in the US even if we got married here in the Phils?

You will have to satisfy the laws of both countries.

If there was a date mistake, then go back to the court to get it corrected. Refile with the corrected divorce decree.

If your husband's divorce was not properly finalized before your wedding, then your husband is an accidental bigamist under the law.

If he can not get the divorce decree corrected or he is an accidental bigamist, then you need a way to dissolve your marriage that would allow you to both be free to marry. You will need an annulment in the PI to remarry. He will need either an annulment or a divorce in the US or both before he can remarry you.

Edited January 22, 2016 by aaron2020

[Butchmoore16 2]

Thank you very much...

[Darnell 8,478]

I apologize.. I am sorry.. I was being too Sensitive..

sorry, I wasn't trying to sling labels, really.

dates matter, on this one, really !!

some legal expert would say that your husband committed bigamy, even if unknowingly. The law is the law.

Perhaps there is something to be done back at a courthouse in Texas ?

Lemme say this (I know a bit) - if it was uncontested and there was a 'waiver to appear' filed by the respondent, then Texas law states one must wait 90 days from the filing date before the petitioner can go in and do the prove-up with the judge. Once prove-up is done in the courtroom, the judge grants the divorce, with a decree date of the prove-up date.

[Ryan H 3,796]

Moved from What Visa Do I Need - Family Based Immigration forum to IR-1/CR-1 Process & Procedures.

[Darnell 8,478]

can review the divorce petition, also the divorce decree, study the wording and the dates?

if there was a 'retro-active-divorce' granted, there will be some language in either (or both) documents about it.