Problem of Philippines Annullment; Remarrying in US

[kawaiichristi 0]

Hi everyone! I'm hoping we can get some insight here into my uncle's situation!

My uncle is a Filipino citizen. He has been trying to file for an annullment in the Philippines from his "wife" for almost 10 years now because of infidelity. The Philippines doesn't allow divorce, but only annulment.

Now he has a fiancé, a dual Philippine/American citizen, who lives in the USA and they've been waiting for the annulment to go through so that they can get married. She is NOT married, only my uncle who was married in the Philippines is still tied up with the government rules.

But he can't marry his fiancé in the Philippines because technically he is still "married," however we are wondering:

1) If he can get a fiancé visa and get married to her in the USA?

1a) IF he can get married to her in the USA, will his technical "marriage" in the Philippines prevent him from applying for US Citizenship?

2) Can he get a divorce in the USA for a marriage in the Philippines?

His fiancé lives in San Diego, California in the USA.

Any other information that relates to this topic would be so helpful! This has been a long and agonizing past few years.

THANKS SO MUCH!

Edited July 30, 2016 by kawaiichristi

[EM_Vandaveer 2,438]

He needs a CENOMAR before he can either get married or can apply for a K-1. He can't get a divorce in the US if he does not live there. He can't marry another person without getting an annulment.

Edited July 30, 2016 by EM_Vandaveer

[aaron2020 11,652]

Hi everyone! I'm hoping we can get some insight here into my uncle's situation!

My uncle is a Filipino citizen. He has been trying to file for an annullment in the Philippines from his "wife" for almost 10 years now because of infidelity. The Philippines doesn't allow divorce, but only annulment.

Now he has a fiancé, a dual Philippine/American citizen, who lives in the USA and they've been waiting for the annulment to go through so that they can get married. She is NOT married, only my uncle who was married in the Philippines is still tied up with the government rules. Not rules. Laws.

But he can't marry his fiancé in the Philippines because technically he is still "married," however we are wondering: There is no technicality, he is married to his PI wife.

1) If he can get a fiancé visa and get married to her in the USA? No, he is married. The US does not allow bigamy, so he can not come on a K1 fiance visa when he is married.

1a) IF he can get married to her in the USA, will his technical "marriage" in the Philippines prevent him from applying for US Citizenship? Yes because the US does not allow bigamy. Bigamy is a bar to getting a green card. Bigamy is a bar for naturalization.

2) Can he get a divorce in the USA for a marriage in the Philippines? No. He can only apply where he has residency. He is not a US resident and his wife is in the PI, so a US court would lack jurisdiction. There is no reason for a US court to hear a divorce proceeding for a couple that lives in the PI and are PI citizens.

His fiancé lives in San Diego, California in the USA. Mira Mesa?

Any other information that relates to this topic would be so helpful! This has been a long and agonizing past few years.

THANKS SO MUCH!

Hi,

Your uncle needs to get his annulment done before he can immigrate through his fiancee.

The US does not allow bigamy. There is no way that the US would allow your uncle to come here to commit bigamy.

Edited July 30, 2016 by aaron2020

[Cheezees 1,514]

He is not "technically" married, he is married. He would need the annulment to get the CENOMAR to register as single as opposed to unmarried. Only then can he remarry.

[Unlockable 7,322]

Your uncle will just have to wait until the annulment is complete.

You say he is trying to have an annulment. Are there any difficulties with it?

[pch1 64]

1) If he can get a fiancé visa and get married to her in the USA?

First of all, how could he get a fiance visa if his paper work would not be complete without the annulment unless you meant

1a) IF he can get married to her in the USA, will his technical "marriage" in the Philippines prevent him from applying for US Citizenship?

He can never enter the United States in the first place unless his final Annulment is done. Fiance visa is first step when all requirements are met (annulment) is one of them.

2) Can he get a divorce in the USA for a marriage in the Philippines?

The answer is NO.

I really don't want to sound blunt, it seems to me that you are suggesting to have your uncle come on tourist visa. If and I say if that is the case, then he would be committing a fraud.

[kawaiichristi 0]

Your uncle will just have to wait until the annulment is complete.

You say he is trying to have an annulment. Are there any difficulties with it?

Thanks everyone for the information! I guess there is no way around it. I suppose my uncle just has to wait for the annullment process to come along in the Philippines. I'm just genuinely wondering how other people in this same situation have dealt with it.

He's been trying to file for annulment for 8 YEARS.. it's really sad. Every time the court date comes around, they postpone the court date to a later date, and they've been doing this for years and years. We're not sure how to get the process going or for the courts to even consider even viewing it in court. He's been trying for such a long time! It would be terrible if my uncle and his fiancé couldn't get married because the government kept putting it off forever. :/

[SennaBrigante 92]

Thanks everyone for the information! I guess there is no way around it. I suppose my uncle just has to wait for the annullment process to come along in the Philippines. I'm just genuinely wondering how other people in this same situation have dealt with it.

He's been trying to file for annulment for 8 YEARS.. it's really sad. Every time the court date comes around, they postpone the court date to a later date, and they've been doing this for years and years. We're not sure how to get the process going or for the courts to even consider even viewing it in court. He's been trying for such a long time! It would be terrible if my uncle and his fiancé couldn't get married because the government kept putting it off forever. :/

The annulment process is a pain in the ###. It took my parents 15 years more or less before their annulment was finalized.

[Pitaya 2,577]

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Edited July 31, 2016 by Pitaya

[denali1022 26]

As you know money talks in the Philippines. He may look into hiring a new lawyer that can get the ball rolling much faster......errrr in this case get the ball rolling at all. I have heard that a good lawyer costs around 300,000 php. My fiance has a friend that was able to get her annulment in about 3 months at that price. I cant verify that this is factual but she swears by it. I dont know if that is an option but an American fiance just might be able to come up with that kind of money.

[marianath 27]

As you know money talks in the Philippines. He may look into hiring a new lawyer that can get the ball rolling much faster......errrr in this case get the ball rolling at all. I have heard that a good lawyer costs around 300,000 php. My fiance has a friend that was able to get her annulment in about 3 months at that price. I cant verify that this is factual but she swears by it. I dont know if that is an option but an American fiance just might be able to come up with that kind of money.

Sad to say...but this is true...