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Cactus0430

Anyone got married in HK while your significant other’s CENOMAR says married ?

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Posted

Hello, I was reading one of the posts here about pretty similar issue of mine . I’m a US citizen and a petitioner and single. My significant other is a Filipino who  was married 26 years ago. However, his “wife” left him and been living with her new husband/significant other for the past 24 years . From then on, he has no contact or whatsoever with the ex-wife and unknown whereabouts either. His cenomar says he’s married . The pain of filing an annulment is overwhelming in every way . Someone was saying from another post  about marrying in HK as the petitioner  was once married in the Philippines from the past and Cenomar says he’s still married.  Questions :

 

1. How can HK marry a couple when one was technically married still ?

 

2. If me and my significant other get married in HK, where will I process my petition paper and documentation ? Is it in HK US embassy ? 

 

3.  Don’t they (HK US embassy and immigration ) see that my significant other was technically married still in the Philippines and this may cause a denial of our paperwork? 

 

Thank you to ya’ll . I’m very confused and it’s concerning me . I just want to make sure I understand what we are doing here . 

Posted

He is married. He needs a divorce or annulment (or a death certificate). Since PH lacks divorce (barring a limited circumstance), he either needs the divorce outside the PH (most likely means living there first) or to start the annulment process. A new marriage in HK won’t be legitimate and will only make things much more complicated later.

 

Once he is free to marry (by US laws, not PH laws), he can marry anywhere and go from there. But the existing marriage must be terminated first.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 minute ago, Cactus0430 said:

Hello, he was once married in the Philippines and no annulment has done yet .

 

What do you mean if he get divorce in another country ?

 

Thanks 

Some Filipinos get a divorce in a country other than Philippines, if the are able.   If not  then he is still married, not only in the Philippines but everyplace else and therefore cannot get married again until the original issue is solved 

YMMV

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
3 minutes ago, Cactus0430 said:

What do you mean if he get divorce in another country ?

 

Thanks 

He must be able to submit documentation showing that the marriage was legally terminated.....

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Posted
Just now, payxibka said:

Some Filipinos get a divorce in a country other than Philippines, if the are able.   If not  then he is still married, not only in the Philippines but everyplace else and therefore cannot get married again until the original issue is solved 

Thank you . I didn’t know that obviously that some Filipinos can file a divorce other than in the Philippines although married in the Philippines . Do you have any idea which country acknowledge his intent to file a divorce?

 

thanks again 

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
4 minutes ago, Cactus0430 said:

Thank you . I didn’t know that obviously that some Filipinos can file a divorce other than in the Philippines although married in the Philippines . Do you have any idea which country acknowledge his intent to file a divorce?

 

thanks again 

Most every country in the world that has divorce laws,  however,  most also have minimum requirements on residency before they will accept the filing.   Does he even know where she is?

 

Not going to be simple or quick 

Edited by payxibka

YMMV

Posted (edited)
22 minutes ago, Cactus0430 said:

Do you have any idea which country acknowledge his intent to file a divorce?

Generally one must have residency to file for divorce. There are some exceptions when both parties are there and cooperative, but that doesn’t appear to be a practical option here. Any place that would issue a divorce to a non-resident without the other party involved would very likely not meet the due process requirements to be recognized.

 

if doing a divorce, make sure it is done right or else it is a world of hurt to fix later.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
39 minutes ago, payxibka said:

Most every country in the world that has divorce laws,  however,  most also have minimum requirements on residency before they will accept the filing.   Does he even know where she is?

 

Not going to be simple or quick 

His son who is 26 yo has contact with his mother via FB messenger . According to his son, he rarely talks to her and vice versa. He doesn’t know the exact details of his mother if legally married to her new husband or what , all he knows that his mother had been with the same man when she left his Father 24 years ago and his mother has kids with the current husband. His son believes that his mother is either in Singapore or Brunei. He actually messaged his mom over couple of weeks ago saying hi and hello and asked if she’s married to her current husband . Till now , no answer .

 

This is exactly why I am very confused if she is married and able to get married without Nullity and Finality of marriage done in the Philippines, how was she able to get married in case she really did tho.  My significant other is going to request for certificate of marriage at PSA because I was told by a friend of mine that on the certificate of marriage, it will be noted somewhere on that document “annulled” (if the ex-wife filed an annulment previously tho). 

 

Posted
8 minutes ago, Cactus0430 said:

Kindly explain further .

thanks 

You only need to be there 7 days in order to file for divorce.  Most countries or places require residency like living there at least 6 months.  For a PI citizen since Guam is a US Territory, it requires a tourist visa.   It is where US expats living in PI go to a divorce.

http://guamdivorce.us/

 

ChickBoy

 
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