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annamia316

Married in the Philippines, divorced in the USA. Bigamy question

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annamia316 Rookie

annamia316   5

Posted
Filed: IR-2 Country: Philippines
 Timeline
Posted

Hi!

My boyfriend (USC) got married to a Filipino girl in the Philippines years ago, and is now divorced in the USA.

He's technically still legally married in the Philippines (no divorce law in the PH. Only annulment which is a pain in the ###).. I understand he is free to marry in the US since he's divorced here and if we get married ,it would still be a legal marriage..

therefore that would mean he's legally married in 2 countries to 2 different girls. Is this bigamy or what?

I am an LPR and planning to apply citizenship one day and I have read in several articles that being involved in any polygamous marriage even if it's your husband who did it would be grounds for denial.

In this situation, do you think this would be an issue and my research is right? Or am I over thinking?

Thank you guys!

millefleur Veteran

millefleur   5,047

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted

If he divorced in the US, wouldn't the divorce be immediately recognized abroad?

Here's a similar thread which might help you: http://www.visajourney.com/forums/topic/373441-divorced-in-us-but-marriage-not-annuled-in-philippines/

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Sagot Proficient

Sagot   1,548

Posted
Filed: Other Country: Philippines
 Timeline
Posted

Hi!

My boyfriend (USC) got married to a Filipino girl in the Philippines years ago, and is now divorced in the USA.

He's technically still legally married in the Philippines (no divorce law in the PH. Only annulment which is a pain in the ###).. I understand he is free to marry in the US since he's divorced here and if we get married ,it would still be a legal marriage..

therefore that would mean he's legally married in 2 countries to 2 different girls. Is this bigamy or what?

I am an LPR and planning to apply citizenship one day and I have read in several articles that being involved in any polygamous marriage even if it's your husband who did it would be grounds for denial.

In this situation, do you think this would be an issue and my research is right? Or am I over thinking?

Thank you guys!

If the USC initiated the divorce in the USA, that divorce can be recognized in the Philippines.

Did he marry marry the earlier Filipina in the Philippines or USA? If they were married in the USA did they complete Report of Marriage?

Visa chase and citizenship.. DONE!

 

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Greenbaum Grand Master

Greenbaum   12,259

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

Sorry that is wrong information that "there is no divorce in the Philippines". 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, Article 45 through 51.

http://www.lawphil.net/statutes/presdecs/pd1977/pd_1083_1977.html

I just want to clear up any misconception about what is and isn't legal.

Edited by Greenbaum
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annamia316 Rookie

annamia316   5

Posted
Filed: IR-2 Country: Philippines
 Timeline
  • Author
Posted (edited)

My boyfriend's wife (Filipino citizen) initiated the divorce in the UK, since she married a UK national.

They got married in the Philippines and I assume they completed the report of marriage here in the US coz my boyfriend actually petitioned her and was close to being approved but he cancelled it after she got caught cheating.

If the USC initiated the divorce in the USA, that divorce can be recognized in the Philippines.

Did he marry marry the earlier Filipina in the Philippines or USA? If they were married in the USA did they complete Report of Marriage?

Edited by annamia316
annamia316 Rookie

annamia316   5

Posted
Filed: IR-2 Country: Philippines
 Timeline
  • Author
Posted

Sorry that is wrong information that "there is no divorce in the Philippines". 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, Article 45 through 51.

http://www.lawphil.net/statutes/presdecs/pd1977/pd_1083_1977.html

I just want to clear up any misconception about what is and isn't legal.

Okay, thanks!

Sagot Proficient

Sagot   1,548

Posted
Filed: Other Country: Philippines
 Timeline
Posted

My boyfriend's wife (Filipino citizen) initiated the divorce in the UK, since she married a UK national.

They got married in the Philippines and I assume they completed the report of marriage here in the US coz my boyfriend actually petitioned her and was close to being approved but he cancelled it after she got caught cheating.

Married in the Philippines removes the need for ROM in the USA as the marriage is recorded with PSA already.

Not sure how this divorce issue works in regards to a USC, the divorce restriction is aimed at Philippine citizens. Don't have an answer on that.

Visa chase and citizenship.. DONE!

 

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N-o-l-a Grand Master

N-o-l-a   7,168

Posted
Filed: Citizen (apr) Country: Denmark
 Timeline
Posted (edited)

I would assume that because the divorce was done in the UK (country not really relevant in this case), that the USC is free to remarry. The US recognizes valid divorces from other countries. The Filipina ex-wife on the other hand might have some issues, but that is no concern of yours.

Edited by N-o-l-a

3/2/18  E-filed N-400 under 5 year rule

3/26/18 Biometrics

7/2019-12/2019 (Yes, 16- 21 months) Estimated time to interview MSP office.

 

Tahoma Veteran

Tahoma   2,292

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

If you marry your boyfriend, your future U.S. citizenship won't be affected by your boyfriend's divorce. The U.S. operates under U.S. laws, not Filipino laws. Your boyfriend would not be a bigamist in the U.S.

 
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