Can she stay in US even if her husband wants her to go home

[LKMK 85]

5 minutes ago, Ontarkie said:

If he files it is not hard to have the divorce recognized. She can get a copy of the decree anytime after it is final through the courts it's not a big deal. Will just take longer to get in the mail. 

 

Divorce in the US is easy and it will be easy for her to obtain a certified copy of the divorce decree. 

 

What I meant is that Recognition of Foreign Divorce in the Philippines is extremely difficult and must go through the Philippine Court System for them to legally remove it from her CEMAR once the marriage is annotated.  I hope for her sake the marriage was never sent to the Philippine Embassy for registration.  I know this from personal experience because my wife was previously married in the Philippines and her ex-husband abandoned her and moved to the US 4 months after they were married.  This was 13 years ago.  We found out her marriage was annotated on her CEMAR as we were preparing for her K1.  I then had to assist her ex-husband with obtaining a divorce in the US.  Philippine law does not allow for divorce.  However, because he was a US citizen through naturalization, he then could divorce the Filipina and she could then file for Recognition of Foreign Divorce.  With the US divorce decree we were able to get a K1 and marry in the US.

 

We have been working on my wife's Recognition of Foreign Divorce since August 2016, gone through 2 Regional Trial Courts (the case was denied by one and accepted by the other).  To date we have 3 trials hearings and will probably cost upwards of $2000 before it over, just for them to recognize a piece of paper.  I feel fortunate to be born and live in the US, but having to deal with all the red tape in the Philippine Court system is ridiculous.  As I said before, divorce is not recognized in the Philippines.  The Trial Court made me provide them with the actual Law of Divorce of New York certified by the New York House and Senate and send it to them.  Good luck for most people trying to obtain that one.  Not an easy task.  So if anyone says its easy process...they are not doing it correctly and according to Philippine law.  In the Philippines they have what is called a CENOMAR (Certificate of NO Marriage) and CEMAR (Certificate of Marriage) in which marriages are recognized and annotated.  If nothing has been annotated you are good to go, but if a marriage is annotated, then going through the court system to get it removed.  I've heard people going directly to the PSA and get this done, but it is against the law.  The official way is lengthy and costly.  Its too expensive for most Filipinos to do it as its about 2 years annual salary.  I'm also sure I'm being taken advantage of because they know my wife is already in the US.  But I am thankful I have the means to get it fixed.