Is Hong Kong Marriage valid even if marriage in the Philippines is not yet annulled

[MrsOng 0]

American Citizen(dual citizen) and family living overseas out of wedlock due to marriage in the Philippines is not yet annulled. Can we get married in Hong Kong and apply for Spouse Visa or do I need to file divorce in the US for my marriage in the Philippines?

 

If so, do I need to file it in the Philippines Court to recognized my divorce for me to be able to remarry in the Philippines.

 

Thank you.

 

[geowrian 22,335]

You need to be legally free to marry before you can remarry anywhere. It sounds like you are not yet divorced (or marriage annulled) anywhere. If so, you must do that first before you can marry.

You can divorce based on where you currently reside. Once that is final and you are free to marry, then you can marry and petition your new spouse.

The divorce does not need to be recognized by PH at any point, even if one interviews there. The divorce decree will be recognized by the US.

[MrsOng 0]

13 minutes ago, geowrian said:

You need to be legally free to marry before you can remarry anywhere. It sounds like you are not yet divorced (or marriage annulled) anywhere. If so, you must do that first before you can marry.

You can divorce based on where you currently reside. Once that is final and you are free to marry, then you can marry and petition your new spouse.

The divorce does not need to be recognized by PH at any point, even if one interviews there. The divorce decree will be recognized by the US.

“You can divorce based on where you currently reside” - we are living in the PH. Does it mean I can file it from here? no need for me to stay in the US and file divorce for my PH marriage?

[SusieQQQ 11,584]

You will have to show all marriage documentation, both of marriage and termination of marriage. So yes you need to officially terminate your existing marriage, by whatever means is legal, before your next marriage, and have proof of this. Your second marriage will be both bigamous and void if you do not do this. 

[aaron2020 11,651]

53 minutes ago, MrsOng said:

“You can divorce based on where you currently reside” - we are living in the PH. Does it mean I can file it from here? no need for me to stay in the US and file divorce for my PH marriage?

Where does your legal spouse live?

 

 

[MrsOng 0]

21 minutes ago, aaron2020 said:

Where does your legal spouse live?

 

 

PH as well. 

[geowrian 22,335]

1 minute ago, MrsOng said:

PH as well. 

Then you need to dissolve the marriage there (which means not via divorce), unless you are able to obtain a divorce abroad. Normally residency of x months is required to be eligible to file for divorce. One exception is Guam which is a matter of days before you can file.

[MrsOng 0]

11 minutes ago, geowrian said:

Then you need to dissolve the marriage there (which means not via divorce), unless you are able to obtain a divorce abroad. Normally residency of x months is required to be eligible to file for divorce. One exception is Guam which is a matter of days before you can file.

Annullment was not granted so we are looking for options. Seems like we don’t have a choice but to reside in the US for months and file divorce there. Ideally of course, we want to go US as a family which means including our kids under 18. Thanks!

[aaron2020 11,651]

29 minutes ago, MrsOng said:

PH as well. 

Since you and your legal spouse live in the PH, then your only choice is to get an annulment.  You can not go to the US or anywhere else to divorce, etc.

 

You must have an annulment before you can marry another person.

 

If you marry another person without getting the annulment, then you will be committing bigamy which is illegal in the PH and the US.  You would be asking for a lot of trouble.  

[MrsOng 0]

50 minutes ago, aaron2020 said:

Since you and your legal spouse live in the PH, then your only choice is to get an annulment.  You can not go to the US or anywhere else to divorce, etc.

 

You must have an annulment before you can marry another person.

 

If you marry another person without getting the annulment, then you will be committing bigamy which is illegal in the PH and the US.  You would be asking for a lot of trouble.  

Thanks! Found this.

 

The situation would be different if the divorce abroad was obtained by a dual citizen. A dual citizen is a Filipino. The Supreme Court has ruled that “an absolute divorce secured by a Filipino married to another Filipino is contrary to our concept of public policy and morality and shall not be recognized in this jurisdiction.” Bayot vs. Court of Appeals, G.R. No. 155635, November 7, 2008

[pushbrk 12,106]

50 minutes ago, aaron2020 said:

Since you and your legal spouse live in the PH, then your only choice is to get an annulment.  You can not go to the US or anywhere else to divorce, etc.

 

You must have an annulment before you can marry another person.

 

If you marry another person without getting the annulment, then you will be committing bigamy which is illegal in the PH and the US.  You would be asking for a lot of trouble.  

Not entirely correct.  The US will recognize a divorce even without the annulment.  BUT, the divorce must be granted where one of the people actually lives.  Since they BOTH Live in the Philippines, only an annulment will solve the problem.  If she lived in any other country, a divorce could be granted there, they could marry in that or another country, continue living in that country until the visa was granted.  All MOOT., because the Filipino live in the Philippines and would need a Certificate of No Marriage CENOMAR from the PSA, to successfully interview in Manila.  It's annulment or nothing for this couple.  It is also illegal in the Philippines to cohabitate with a married woman, but it is so common, even among Filipinos that it is rarely enforced unless the other Filipino spouse files a complaint.

 

[MrsOng 0]

15 minutes ago, pushbrk said:

Not entirely correct.  The US will recognize a divorce even without the annulment.  BUT, the divorce must be granted where one of the people actually lives.  Since they BOTH Live in the Philippines, only an annulment will solve the problem.  If she lived in any other country, a divorce could be granted there, they could marry in that or another country, continue living in that country until the visa was granted.  All MOOT., because the Filipino live in the Philippines and would need a Certificate of No Marriage CENOMAR from the PSA, to successfully interview in Manila.  It's annulment or nothing for this couple.  It is also illegal in the Philippines to cohabitate with a married woman, but it is so common, even among Filipinos that it is rarely enforced unless the other Filipino spouse files a complaint.

 

thank you.

 

So let’s say a petitioner (dual citizen partner who is the married one) can file divorce in the US and then get married in Hong Kong. But then, you still need to apply Visa in PH since the other partner is a Filipino which will still need a cenomar.  

 

and that the divorce in the US wouldn’t be acknowledge in the philippines since the petitioner is a dual citizen married to a filipino. so, no chance unless divorce will be legal in the PH.

Edited October 20, 2019 by MrsOng

[pushbrk 12,106]

4 minutes ago, MrsOng said:

thank you.

 

So let’s say a petitioner (dual citizen partner who is the married one) can file divorce in the US and then get married in Hong Kong. But then, you still need to apply Visa in PH since the other partner is a Filipino which will still need a cenomar.  

 

and that the divorce in the US wouldn’t be acknowledge in the philippines since the petitioner is a dual citizen married to a filipino. so, no chance unless divorce will be legal in the PH.

Divorce is not legal in, or recognized by the Philippines, so no Cenomar.  However, it's not clear to me the married one is a dual citizen.  Tenses and pronouns tend to be misused when Filipinos communicate in English.

[HRQX 4,145]

3 hours ago, geowrian said:

The divorce does not need to be recognized by PH at any point, even if one interviews there. The divorce decree will be recognized by the US.

Manila recently issued the following 221g to a VJ user:

"consulate issued the 221g stating she needs recognition of US divorce in the phillipines to have Visa approved"

[MrsOng 0]

1 hour ago, pushbrk said:

Divorce is not legal in, or recognized by the Philippines, so no Cenomar.  However, it's not clear to me the married one is a dual citizen.  Tenses and pronouns tend to be misused when Filipinos communicate in English.

The petitioner has dual citizenship, a filipino and american citizenship. The petitioner is now with a new filipino family but not yet married since the petitioner’s previous marriage with also a filipino is not yet annulled/divorced. Hope this clarifies the confusion.

Edited October 20, 2019 by MrsOng