filipinalover

They asked for my divorce decree.i had it photocopied, but they also took the authenticated one, with the seal from the state. and oddly, parent's advice eventhough I am already 25 years old. there were other ladies who had the same situation as well and never actually filed a court case.

this is the answer im waiting hehe

so even i dont file for petition the CFO will still let me have the sticker for clearance?

but since i am on my way of processing my petition i guess i will still do it in case the embassy will look for finality of the court

thank you so much for your reply

so now i have idea your a heaven sent LOL

oh my bad.

lets try this one http://www.familylaw.org/familylawcode.htm and then just select florida.

i want to thank you for sending me the first link

thats where i found my answers hehe

they respond to the email i sent and i can get a copy from administrativecode as the state of library florida told me

thank you so much

hi! is this what you need? http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0061/SEC052.HTM&Title=-%3E2000-%3ECh0061-%3ESection%20052#0061.052

im not sure if its the one as it says link is not found

my appointment for my daughters passport is on may 17 same with my sis and yes DFA manila doesnt take postal ID as valid id but supporting doc my friend danica has same sentiments like yours she was denied to have passport she have postal ID NBI clearance birth cert baptismal marriage cert and school id but they asked for her transcript record :)and it took 1 month for her to have it.. as what dfa told me if you have at least one valid id from what stated in their site and nbi clearance then your good to go she can go to COMELEC manila and ask for record that she is registered or get a driver license from LTO student permit is valid id and its easy to get one

good afternoon

as i seek advice here before that its better to file a petition for foreign judgement for my divorce

now the atty will file it as soon as i get this doc that i needed to provide

which i will need your advice or if someone knows or information on how to make this done or get a copy of this

here is what atty told me copy of a document/record or part thereof of civil code of US law saying that

divorce is allowed there certified by sec of the embassy or legation,consul,vice consul,or consular agent or by any officer in the foreign service of the Philippines stationed in the foreign country in which the record is kept and authenticated by the seal of his/her office. Attestation must state that the copy is correct copy of original or specific part thereof.

so where can i get this copy of family civil code?

my divorce came from Florida

this was the topic i posted before if you want to know more about it

http://www.visajourney.com/forums/topic/366584-i-need-an-expert-advice/

any info or suggestion will be highly appreciated

thank you so much

Best advice .

Since she wasn't the legal wife in US when the ex-husband passed away the death certificate has nothing to do with the dissolution of marriage in PH.

thanks for all the advice

i already talked to my god mother and she is willing to help me

she will talk to the regional trial court judge here in cavite

regarding my situation

god is good...

It's NOT tough. You're ignoring the advice. FOLLOW the advice to have your divorce recognised, that's as difficult as it gets. Stop trying to work your way around it, stop trying to avoid doing it. You're playing with fire to avoid doing it any way but the PROPER way which is to get your divorce recognised.

according to what ive read in the link you sent i need to recognized in in court not in govt

how many mos u think is the process and how much will it cost?

Yes...

The death certificate is nothing for you.

If you file now claiming to be a widow (which you are not) then at anytime (even after naturalization if you choose to) USCIS could become aware of your divorce and charge you with Material Misrepresentation which would get you deported and banned.

You need the Philippines to acknowledge the divorce so that the CFO will issue you exit clearance otherwise you can't leave the country.

If you claim to be widowed for NSO but tell the US Embassy you were divorced they will see on your NSO CEMAR that you claimed to be widowed and you're committing fraud.

if i claim widowed in NSO do they need death cert of my ex? since if its stated as widowed or they will just rely on NSO? ive heard some filipina granted by k-1 visa using divorce paper but no prob with CFO

this is tough

This is the route to take.

If you claim to be widowed instead of divorced then your are misrepresenting something for the purpose of getting an immigration benefit. To make matters worse, your status as "Free to marry" is a material fact for a K-1 Visa. This means it's conceivable that you could be charged with Material Misrepresentation would would result in a lifetime ban from the US.

DO NOT play fast and loose with the truth when it comes to immigrating to the US, if everything isn't right you can find yourself in a lot of trouble.

some people says keep the death cert and use the divorce decree instead

but do i need to have it recognized in the philippines if the plan is to marry in US?

I understand that you want to marry in USA, but you must prove phil government and US government that you are free to marry. You will not be granted a K-1 visa even if the US government agrees that you are free to marry. Your government also must agree that you are free to marry. Check with your barangay and ask what you need to do to make you eligible for marriage again.

ill do your advice will ask my neighbor since she works in municipal and will see what we need to do...

You know what I would do if I were you.....bring your marriage certificate, death certificate and divorce decree to your local barangay or city hall and ask them if you qualify to apply for marriage license.

but getting married here in philippines is not the plan my bf wants to get married in USA

do u think its best to get married here?

i have a back up in municipality here since my mayors secretary is my god mother so she can help me

if i want to get married here but my bf wants to marry me in US thats why we are seeking advice

if what to do he wants everything settled before he visit me

Your ex filed for divorce, this means that YOU need to organise for the divorce to be recognised in the Philippines, which it should be, because he filed for divorce.

Please read here: http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

The problem arises that you are NOT his wife in the US because of the divorce so while the death decree might free you in the Philippines, the divorce decree freed you in the U.S years before he passed on. It might confuse matters SO personally I would file for judicial recognition of the divorce so that your CENOMAR is clear that way and so you don't need to worry about the death certificate (however I would keep that for your records, doesn't hurt).

i never been in the USA im filipino citizen so yes divorce is not valid here so that means by philippine law regarding married he is legally married to me here but free in USA

so which people think that i can be widowed since im still married to him by philippine law/jurisdiction

why should i need to file foreign judgement if the plan is to get married in USA which divorce is accepted?

if i get cenomar and stated as married i have my divorce and death cert as back up i think?

Yes....that should make you legally able to marry again. If you have your marriage certificate, your husbands divorce decree and your husbands death certificate. That should be proof enough to the filipino government that you are able to marry again. I would check with the NSO to see if there is anything you need to file to bring all documents up to date.

we are not actually planning to get married here in Philippines but in USA but i dont know what or how to do to fix and get my first married void already maybe u got an idea how?

or should i just leave as it is married show divorce paper and death cert as proof..

To be approved for a K-1 visa you NEED your CENOMAR showing that you are free to marry now.

which serves my divorce decree as proof? which is di ko alam

but i have my ex husband death certificate

which claims me as widowed here in Php since im still married to him legally..tho im not the wife in his death cert

but im his legal wife here

Oo, your case is complicated because of filipino law. First of all, have you met in person your boyfriend from Arizona?

I know that divorce is not recognized be filipino government. This is just my personal opinion and might make things less

complicated for immigration purposes. I would first meet your boyfriend in person and discuss the possibility to marry there

in the philippines then you are elligible to apply for the cheaper IR-1/CR-1 IR-2/CR-2 visas.

Thomas & Cleofe

ive read in some forum that she is divorce from her japanese husband and her american bf file for K1 visa to get married in USA and CO accepted her divorce decree as proof that she is eligible to marry that guy but i dont know in some cases im not sure

my bf is planning to visit this yr or early next yr

1. I think you need to use the divorce decree. For U.S. purposes that ended your marriage. You could also include the death certificate, but it's extra.

2. If you never asked the court to change your name back, you don't need to revert. Divorced women often keep the same name.

3. Your daughter's name doesn't matter. You need to document your relationship with her using a birth certificate showing you as the mom.

Surnames are not evidence of family relationships, birth certificates and marriage records are.

will my divorce decree will be enough and no need to file foreign judgement decree from philippine court? since we plan to marry in USA and as far as i know i can marry outside philippines only

Hello VJ members

Im filipina living and residing here in Philippines

who was married before in american guy who cheated on me

and he file divorce in USA and it was granted by the court there and he got married to his new wife

never been there anyway

i got it authenticated from Phil Embassy in USA (his new wife did and helped me)

but since we are married here in philippines its not valid and i am not capable to marry someone else since divorce is not recognized by Philippine law

so i didnt marry but have new bf online again as of this moment

and plan to meet this year or early next year depend on savings and vacation leave which i understand

back to my ex husband he died last yr of Aug 2011 due to lung cancer at the age of 55

which claims me as widowed here in the Philippines (as far as i know and people think)

since i am still his legal wife here in Philippines but according to his death cert his new wife is the wife as it is

stated in death cert as informant but i have cenomar marriage cert that proves that we get married and under our law im his wife here i have a copy of his death cert that sent to me by his new wife but i asked for a certified copy from his niece and she helped me and my bf in arizona is willing to help me to get it authenticated there..

now my question is this

if my bf file for k1 visa does my cenomar marriage cert and death cert is enough as proof of evidence that i am capable to re-marry someone or do i need to include the divorce paper? to prove that he got divorce in me so he marry someone else.

and regarding with my passport im still using his surname do i need to revert back to my single name

or just as is? (was thinking that could be a proof to that ive been married to my ex hubby)

or do i need to change it back to single name?

i have a daughter from another guy (not my ex husband) but another guy after i got divorce from my ex husband and shes using my single name not my married name since thats not his father and also shes using my last name because his father didnt sign the papers for the process of birth certificate would this cause alot of trouble since we want to bring her with me

so heres the current situation

i have passport using my married name to my ex husband which will expire on 2013 of sept

my daughter is using my single name which i want to get her passport soon

i have divorce decree authenticated by Phil embassy in USA

and soon death Cert authenticated by Phil Embassy in USA

i know my current situation is kinda complicated

but i hope you can help me

thanks and god bless us all...