Filipina Divorced And Now Re Married To American Husband

[geowrian 22,335]

2 minutes ago, David & Zoila said:

I am so confused.  It sure looks like she was and is married still.   Am I getting that old?

She legally divorced outside PH. That's fine for the US.

It sounds like she has filed to have that foreign-obtained divorce recognized by PH . This is a process that goes through the court system. As far as PH is concerned, she is still married to the first spouse...but that's only the case within PH.

[hellspawner 5]

this story is full of issues but everyone has overlooked 2 valuable points. she is a Philippine national. she will interview at the us embassy in manila. cenomar is required as the divorce will need to be valid by Philippine law. second, plan and simple the marriage must be legal where they intend to reside. uscis is not your problem. they'll approve the i130 without hesitation. us dept of state however does not recognize a marriage by proxy as a valid marriage, consummated or not in any state in the us. 

 

sorry, you are getting way ahead of yourself and that will cause you a lot of grief down the line. slow down and do things right. these sorts of issues could leave you with relationship problems. risking that is not worth it.

[LilyJ 1,258]

1 minute ago, David & Zoila said:

 

I am so confused.  It sure looks like she was and is married still.   Am I getting that old?

She had dissolved her marriage already in South Korea if I read her posts correctly. She's just simply waiting on the Philippines to recognize it:

 

4 minutes ago, David & Zoila said:

I'm a Filipina divorced from my Korean ex-husband in South Korea

 

[David & Diana R 1,005]

1 minute ago, pushbrk said:

I don't think it has anything to do with age.  Immigration to the US does not require her to get her divorce recognized by the Philippine Government.  She's immigrating to the US, not the PI.  You are unnecessarily connecting the two. Probably she is too.

 

She says she is currently processing the Korean divorce in the Philippine court system?

[pushbrk 12,105]

1 minute ago, USS_Voyager said:

I got that part,  but sounds like she has the proof of that in her passport with entry and exit stamps but he doesn’t because he used military ID (?). Have no idea how that works. So that’s one issue is the proof of that.

 

Second issue is the financial part, doesn’t sound like he makes enough. Might need a cosponsor.

So he shows a copy of his orders instead of a passport.  We have no actual indication of his earnings or household size.  All we know about that is that he's behind on his child support.

[David & Diana R 1,005]

2 minutes ago, geowrian said:

She legally divorced outside PH. That's fine for the US.

It sounds like she has filed to have that foreign-obtained divorce recognized by PH . This is a process that goes through the court system. As far as PH is concerned, she is still married to the first spouse...but that's only the case within PH.

She say's her divorce was not final when she married husband #2.

[LilyJ 1,258]

Just now, David & Zoila said:

She say's her divorce was not final when she married husband #2.

It was finalized in South Korea

[geowrian 22,335]

13 minutes ago, hellspawner said:

this story is full of issues but everyone has overlooked 2 valuable points. she is a Philippine national. she will interview at the us embassy in manila. cenomar is required as the divorce will need to be valid by Philippine law.

1) She's not interviewing in Manila. My bad - she moved already

2) It's still incorrect. All the US cares about is the divorce decree.

 

Quote

second, plan and simple the marriage must be legal where they intend to reside. uscis is not your problem. they'll approve the i130 without hesitation. us dept of state however does not recognize a marriage by proxy as a valid marriage, consummated or not in any state in the us.

Also incorrect. The relevant section of the INA was posted previously in the thread. Proxy marriages are permitted so long as it is consummated. Many others have done this path...it's not something unheard of.

Edited March 15, 2019 by geowrian

[pushbrk 12,105]

1 minute ago, David & Zoila said:

She says she is currently processing the Korean divorce in the Philippine court system?

Read again.  She's in the UNNECESSARY process of getting the Philippine government to recognize the divorce.  THAT is not needed for the US immigration process.

1 minute ago, David & Zoila said:

She say's her divorce was not final when she married husband #2.

Show us where she says that.

[USS_Voyager 1,971]

1 minute ago, David & Zoila said:

She says she is currently processing the Korean divorce in the Philippine court system?

No. Her ex-husband is Korean. They got divorced in Korea. She met her new husband in Korea, did proxy marriage in Montana. She’s trying to get the divorce recognized by PH

[David & Diana R 1,005]

4 minutes ago, geowrian said:

She legally divorced outside PH. That's fine for the US.

It sounds like she has filed to have that foreign-obtained divorce recognized by PH . This is a process that goes through the court system. As far as PH is concerned, she is still married to the first spouse...but that's only the case within PH.

Okay, I surrender but sounds like bigamy somewhere. One has to admit this is one of the most convoluted  posts in a long time.

[geowrian 22,335]

1 minute ago, David & Zoila said:

She say's her divorce was not final when she married husband #2.

She said it was not done processing the divorce recognition in PH. The actual divorce would already need to be finalized in SK before she could even start that in PH.

[David & Diana R 1,005]

1 minute ago, USS_Voyager said:

No. Her ex-husband is Korean. They got divorced in Korea. She met her new husband in Korea, did proxy marriage in Montana. She’s trying to get the divorce recognized by PH

If she got married in Korea and divorced in Korea why does she have to have the divorce recognized in PI?........  I surrender.  Aloha and Mahalo  I'm out.

[David & Diana R 1,005]

4 minutes ago, geowrian said:

1) She's not interviewing in Manila.

2) It's still incorrect. All the US cares about is the divorce decree.

 

Also incorrect. The relevant section of the INA was posted previously in the thread. Proxy marriages are permitted so long as it is consummated. Many others have done this path...it's not something unheard of.

She's in Manila now.  Where is she going to interview then, Tim Buck Too

[LilyJ 1,258]

1 minute ago, David & Zoila said:

If she got married in Korea and divorced in Korea why does she have to have the divorce recognized in PI?........  I surrender.  Aloha and Mahalo  I'm out.

Because she said she has moved back to the Philippines