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US citizen in US wants to divorce filipino in Philippines

By assila in Philippines

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assila Explorer

assila   13

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Filed: F-2A Visa Country: Philippines
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Hello,

 

I had a petition filed for my filipino husband, but he decided he didn't want to immigrate to US, so I withdrew it. Also, he has another woman and a new baby. I am a Philippine immigrant, now a US citizen. Can anyone give me a liilte guidance on, if I can divorce him without going back to the Philippines? I was looking at some online divorces, but they seem too good to be true. Thank you, so much!

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TBoneTX Grand Master

TBoneTX   43,247

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Sorry for the news, but everything happens for a reason.

 

Your thread is moved to the Philippines regional forum, where people can comment on all implications.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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RO_AH Proficient

RO_AH   1,615

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Filed: IR-1/CR-1 Visa Country: Philippines
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2 hours ago, assila said:

Hello,

 

I had a petition filed for my filipino husband, but he decided he didn't want to immigrate to US, so I withdrew it. Also, he has another woman and a new baby. I am a Philippine immigrant, now a US citizen. Can anyone give me a liilte guidance on, if I can divorce him without going back to the Philippines? I was looking at some online divorces, but they seem too good to be true. Thank you, so much!

I believe you can get a divorce locally in US. Getting the divorce recognized in PH can be done but not mandatory. You will be seen as divorced by every country in the world but the Philippines. If you have not reclaimed your Filipino citizenship, I advise doing so before you get the divorce done.

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RO_AH Proficient

RO_AH   1,615

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A little more advice. If you are getting a divorce in US you should check Google for someone that does it. Some paralegal's do this. As long as you have no children together and there obviously will not be assets or alimony to worry about you do not really need an attorney. That will save you some money.

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assila Explorer

assila   13

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Posted (edited)
1 hour ago, RO_AH said:

I believe you can get a divorce locally in US. Getting the divorce recognized in PH can be done but not mandatory. You will be seen as divorced by every country in the world but the Philippines. If you have not reclaimed your Filipino citizenship, I advise doing so before you get the divorce done.

Can I ask why it is important to reclaim my citizenship before divorce?

Edited by assila
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W199 Enthusiast

W199   264

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Filed: K-1 Visa Country: Philippines
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3 hours ago, assila said:

Hello,

 

I had a petition filed for my filipino husband, but he decided he didn't want to immigrate to US, so I withdrew it. Also, he has another woman and a new baby. I am a Philippine immigrant, now a US citizen. Can anyone give me a liilte guidance on, if I can divorce him without going back to the Philippines? I was looking at some online divorces, but they seem too good to be true. Thank you, so much!

 You can't do it online, except for online help with the paperwork that you need to file at your local courthouse that has jurisdiction over you. Plus your case is too complex for online paperwork. 

 

The divorce laws varies by State. Your first step to get 2-4 free consultations with good divorce lawyers, then choose one.  This is complex and you will need to be protected. 

 

 

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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3 hours ago, RO_AH said:

If you have not reclaimed your Filipino citizenship, I advise doing so before you get the divorce done.

2 hours ago, assila said:

Can I ask why it is important to reclaim my citizenship before divorce?

 

Depending on your priorities, I recommend the opposite -- divorce in the US first, then reclaim your Philippine citizenship only after you get your final divorce decree.  This is only if it is important for you to be able to get your US divorce recognized in the Philippines someday.  Recognition of Foreign Divorce is only available if at least one of the involved parties is not a Filipino citizen when the divorce was finalized.  If PH recognition of divorce is not important to you, then the timing of your dual citizenship process doesn't matter.

 

From "2018 FAQ Guide on the Recognition of Foreign Divorce" -- https://lawyerphilippines.org/faq-guide-recognition-of-foreign-divorce/

 

If two dual citizens divorce abroad, can they afterwards have their divorce recognized in the Philippines?

Answer: No, they cannot. If a divorce is obtained by two dual citizens — if both of them have Filipino citizenship at the time of the divorce — then that divorce cannot be recognized. Since they both have Filipino citizenship, they remain subject to the prohibition on divorce between two Filipinos.

 

If two Filipinos marry and then one is a foreign citizen at the time of their foreign divorce, can that divorce be recognized in the Philippines?

Answer: Yes, it can. If one of the parties is a foreigner at the time of their divorce, then that foreign divorce can be recognized in the Philippines.

 

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RO_AH Proficient

RO_AH   1,615

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Filed: IR-1/CR-1 Visa Country: Philippines
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7 hours ago, assila said:

Can I ask why it is important to reclaim my citizenship before divorce?

If you are wanting to get a recognition of divorce wait. But that can be a long and expensive wait. Now that you have US citizenship I see no reason to get the recognition of divorce. There would only be one reason in my mind, and that would be if you ever want to have another wedding in the Philippines. You can still marry someone from the Philippines without recognition of divorce with a fiance visa or an online Utah wedding.

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Carpe Vinum Proficient

Carpe Vinum   2,310

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

Will he agree to sign the divorce papers? If so it can be inexpensive and done relatively quickly.

 

Unlike some states, Ohio doesn't have a "waiting period" between when you file your divorce and when the court can start processing it. However, there is a 30-day waiting period in a dissolution of marriage—the court can't grant the dissolution until at least 30 days has passed.
 
Edited by Carpe Vinum

Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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Dave Knapp Explorer

Dave Knapp   47

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Filed: IR-1/CR-1 Visa Country: Philippines
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The laws and dance steps are going to vary from state to state.  The state you live in when you file the divorce will automatically have jurisdiction, but you can shop around in other states.  I divorced my Filipina spouse in Florida while both of us were in the Philippine, using my Florida driver's License as proof of residence/jurisdiction there.  It was only about $1,200 but it was uncontested and both of us needed to get docs notarized at the US consulate in Cebu. if your hubby is willing to cooperate it will be relatively easy.  If not, it may be not possible. Good luck and happy trails. 

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