You Don't Know Me

Offer the mother money to complete the CRBA process. Don't pay her until after the embassy visit obviously.

Wow, are dried pinto beans so expensive there that it's worth to cost to ship a BB Box full?

I can't imagine it being confiscated as I've sent food stuffs several times without incident unless such a quantity might get them suspecting you're importing them for sale.

Just now, GreenGem said:

Divorce is not legal in the Philippines. Did she check with NSO if the marriage was registered? If yes, then annulment would cost her and better start doing it now. 

Muslim divorce is legal under the right circumstances such as she was Muslim an married according to Muslim laws and traditions.

1 hour ago, ekim said:

This reminds me of lance corporal Daniel Smith although different case and different situation. They were able to transfer him to the US Embassy and when the victim recanted the testimony he was able to leave the country as if nothing happened. No one know what took place but the victim left for the US within the same month and I believe is now living here. Go figure out.

"During the course of trial, in accordance with the terms of the VFA, the accused were in the custody of the U.S. Embassy."

Unless the Hubby in this case is active duty military stationed in PH its apples to oranges.

For a US Citizen to divorce a PH Spouse he doesn't need her cooperation. He can pay a lawyer or other agency in PH to have her served notice. Where it gets tricky is that some will insist that said notice is notarized by the US Embassy or some other "expensive" requirement. When I was looking quotes ran from $500 for a Private Investigator to almost $2,000 for a Legal Firm with a presence in the US and PH. If her location is "Parts Unknown" then notice by publication in the town of her last known residence will suffice btu you have to make sure you get proof that meets your local standards.

In the end, I offered my ex $500 ($150 up front and balance upon delivery) for the document I needed her to sign and have notarized (Waiver of Notice and Entry of Appearance), the document varies from state to state. Most US courts will accept PH notary.

Is the discussion where I found the above referenced link again...

Actually, they even ordered a Psych Eval for a child under 2 years old because he wasn't talking yet. Of course they were told that he's deaf and provided hearing exam results to show that he can't hear sounds softer than a large truck crashing into a building.

I would say per this article and PH SC Ruling you are free to marry in the Philippines.

https://carpiodelacruzlawoffice.wordpress.com/2015/03/05/local-adoption-requirements/

"The Court, thus, recognized that the foreign divorce had already severed the marital bond between the spouses. "

If anything you might want to see if the PSA will allow your CEMAR to be annoted that the first marriage is null and void using your US Divorce..

7 minutes ago, Hank_ said:

 

To me that reads .. You are not a bigamist as you have your foreign divorce decree.   TaaDaa!    

I guess I'll just have to carry my divorce decree with me when I'm there (just to be safe)!

2 minutes ago, Hank_ said:

 

The court seemed to assert that for the foreigner the divorce decree is already recognized.

 

 

"The Court, thus, recognized that the foreign divorce had already severed the marital bond between the spouses. "

Yeah, I have contacted that lawyer and he basically said the same thing.

Found the link:

https://carpiodelacruzlawoffice.wordpress.com/2015/03/05/local-adoption-requirements/

36 minutes ago, Hank_ said:

* I have to believe there is a way for a foreigner who divorced his Filipino spouse to get the divorce recognized in the Philippines.   Have you tried to contact a good attorney in the Philippines on this?  Does the law strictly forbid a foreigner from pursuing the Recognition of Divorce through the RTC?   Logically this would make since.

 

Ya I know .. this is the Philippines .. logic does not apply.

 

Your EX does not have interest in her Philippine passport being in her new name and not her old married name from your marriage?   Even completing dual citizenship to acquire a Philippine passport could get interesting.

 

Have you tried to approach her offering to pay the expense and she just sign the necessary documents to complete the Recognition of Divorce?

The only case I've seen where a foreign citizen tried to file for ROD was rejected by the court for 2 reasons:

1. He didn't live in the Philippines so they don't have jurisdiction.

2. Since the purpose of the ROD is to allow a PH Citizen to be free to marry after a foreign divorce (equatable standing to foreign spouse) and the foreigner is free to marry there in no perceived benefit for them to avail. I can't find that link any more.

Pretty much means I'm boned if I ever want to spend time there!

BTW, if the ex gets wind of this being something I want or need then she'll never cooperate even if it means she will have the aforementioned issues.

24 minutes ago, Hank_ said:

And that is why some municipalities will not accept the Affidavit from the embassy and require a CENOMAR.

 

Now here is a twist to ponder.   You got married again in the Philippines, being your first marriage is still valid according to the document you posted, is your 2nd marriage valid?    You are divorced in all the world but the Philippines, yet you married a 2nd time in the Philippines ... the one country where you shouldn't be able to marry.  How will the embassy react to this?

 

 

Another question:

If I ever return to the Philippines and the ex is angry with me can she get me arrested for Bigamy?

Even better how can I get the first marriage voided knowing the the ex will never cooperate?

Well, here it is! ALl personal information redacted but sure enough I'm a bigamist in PH!

Now the real problem is that I have no way to void the first marriage, she is a USC now and is married to another man. We don't have any contact and the last contact was hostile.

I can't file for recognition of the divorce because I don't live there and have no standing

8 hours ago, missileman said:

The strongest evidence you can provide is that of time actually spent together as spouses.  

Actually, What USCIS likes to see isn't just time spent together as spouses, they like to have evidence of co-mingling your lives.

What is the difference? Co-mingling you lives means shared financial assets & responsibilities as well.

When I brought my ex-wife here we had only been physically together for 3 weeks including our wedding and honeymoon. I immediately got her added to a couple of my bank accounts and had debit cards issued which I sent to her and she used regularly. I also added her to my health insurance (no extra cost as I was already covering my 2 teenage children) .When she arrived we had 2 leases that listed us both and several Credit Cards as well as a third joint bank account.

During the CR-1 & ROC process there was never a question of our bonifides. Just share you lives like a real couple would and you shouldn't have an issue. Do note that once you are married if ever questioned at an Entry point don't deny it and be prepared to demonstrate your plans to exit without him trying to AOS in country.

Has anyone here ever seen a CEMAR for a US Citizen that shows they are married in the Philippines?

Today I just found out that it's possible I may be a bigamist In the Philippines since neither party of my first marriage (to a Pinay married in PH) file for Recognition of our divorce in the US (she was already a US Citizen by the time we divorced).

I find it curious that the PSA wouldn't have said anything when my second marriage in PH was registered (also officiated in PH). I do have an official PSA Marriage Contract issued by PSA.

20 minutes ago, Hermie&Tommy said:

When did u re marry again in the Philippines?  I don't think so Civil registrar has uniform rules unless the Civil Registrar u applied for ur marriage license for the 2nd marriage is not aware of the Law on Recognition of Foreign Decree. I fact I finished Bachelor of Laws in the Philippines that's why I am pretty sure of these Rules.

 

Second marriage was in 2016, Iloilo province.

Just now, Tattoo4u said:

I had the Affidavit of Legal Capacity to Marry from the USEM as well as certified copy of my divorce decree. 

The civil registry should not be asking a foreigner for a CENOMAR. I was married twice in the Philippines and both time they just wanted the Affidavit, not even divorce papers.

I have heard Manila CR sometimes plays by their own rules.

There was a case that a foreigner was denied his petition for recognition on the grounds that the Filipino citizen should have filed the petition as he didn't have standing. If I can find the link I'll post it.

Also, the Civil Registrar should only be asking for your Affidavit of Legal Capacity to Marry from the USEM.

7 hours ago, Hank_ said:

1)   Being your divorce took place after you were a USC you can get it recognized in the Philippines  ... UNTIL you get the divorce recognized in the Philippines (RTC court process) you can marry any place in the world EXCEPT the Philippines.        

Asking for a little clarification on this one.

I was married in PH in 2009 and divorced in US in 2013, great woman just didn't work out.

I recently married another woman in PH without issue, no ROD was ever filed on the first marriage.

From what I understand as a USC even if I lived in PH I couldn't file for the ROD.

The Philippines recognizes that you as a US Citizen are divorced and free to marry since you were a US Citizen when you filed for the divorce.

Your ex-wife cannot marry someone in the Philippines until she get the Foreign Divorce recognized which is a process that can take months despite only needing 3 court dates.

If you are a dual citizen then you can inquire with a lawyer in PH to see if you can file for the recognition but generally the foreign citizen spouse can't be the petitioner.

As for getting married again in PH, as a US Citizen you will need to get the Affidavit from USEM instead of a CENOMAR. I don't know if this is complicated if you are a dual citizen.

That line is moving in the right direction. It just takes someone who has the resources and will to get it moved a little further.

A good litigator could probably successfully argue that either party of the divorce being a US LPR with intentions to to live in the US for an extended period (or permanently) would have the same effect as being a foreign citizen therefore the other spouse should be able to get the US Divorce recognized in PH for the same reasons.

4 hours ago, Hank_ said:

Acknowledgement and Recognition are sort of the same.     In your case your fiance can not complete this because neither party to the divorce was a foreigner .. your lawyer friend seems to be glassing over that vital part.   (as you noted the EX was not a USC at the time of the divorce)

That is no longer the case!

https://www.philstar.com/headlines/2018/04/24/1809011/sc-philippine-courts-now-recognize-divorce-obtained-filipino-foreign-spouse

Now a filipino can initiate the divorce and still have it recognized in PH!

You would only "suffer" in the afterlife if you subscribe to the ridiculous notion that

"God is a jealous God" who will "punish" you for not believing in him/her/it. Seems a bit

petty for someone of God's stature, don't you think?

This has always been one of my greatest problems with organized religion.

God is so powerful that he created everything in existence.

God is so petty and insecure that he will punish you for all eternity if you don't worship him in a manner that he approves of.

Then look at how religion has impacted the "human condition" through out recorded history.

Religion has been used to control people.

Religion has been used to de-motivate people.

Religion has been used as a battle cry to kill people.

Honestly I prefer baked beans!

Nobody has been encouraged to accept their current misfortune because baked beans will make it alright after they die.

Nobody has been forced (at the end of a weapon) to accept baked beans into their life.

Yep, I prefer baked beans...

Someone will have to prove they have the right to have physical custody of the child. If the step-parent does not have the right, then I do not see how this visa will be granted.

That would come at the NVC Stage. But the OP hasn't indicated what the custody arrangements are for the child. I agree that this will probably be a sticking point as Step Parents have no legal rights to the step child in the US and since the father is on a non-immigrant Visa it would look strange.