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No marriage license philippines...no marriage?

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Well my fiancée has been looking to get an annulment and she went to get a copy of her marriage license but she found out that there never was one. They got a court house wedding and she lived with him for 13 years and had three children with him. I’m wondering what Philippine law says about this scenario...is she legaly married or not.....does she still need an annulment because of the length of time together and the kids even though the marriage does not seem to be legal? The lawyer she hired at first said if there was no marriage license then there was no marriage but now that she has proof he is changing his story and saying she should just continue the annulment process. He has already screwed things up once and im also afraid maybe he is trying to take us down the road that gets him a bigger pay check. We are looking for a second opinion but i thought i would see what info i get here too.

Thanks

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Filed: K-1 Visa Country: Philippines
Timeline
Well my fiancée has been looking to get an annulment and she went to get a copy of her marriage license but she found out that there never was one. They got a court house wedding and she lived with him for 13 years and had three children with him. I’m wondering what Philippine law says about this scenario...is she legaly married or not.....does she still need an annulment because of the length of time together and the kids even though the marriage does not seem to be legal? The lawyer she hired at first said if there was no marriage license then there was no marriage but now that she has proof he is changing his story and saying she should just continue the annulment process. He has already screwed things up once and im also afraid maybe he is trying to take us down the road that gets him a bigger pay check. We are looking for a second opinion but i thought i would see what info i get here too.

Thanks

She can go to the NSO and request a CENOMAR. If they give her one then she's single. Now here's the catch. Her kids birth certificates may have their date of marriage on the document. That might be a problem, and you might need to get the BCs "corrected".

Then there is also the question of needing the father's permission to take the kids out of the country, if that's her plan.

An annulment can take up to 2 years to get.

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Well my fiancée has been looking to get an annulment and she went to get a copy of her marriage license but she found out that there never was one. They got a court house wedding and she lived with him for 13 years and had three children with him. I’m wondering what Philippine law says about this scenario...is she legaly married or not.....does she still need an annulment because of the length of time together and the kids even though the marriage does not seem to be legal? The lawyer she hired at first said if there was no marriage license then there was no marriage but now that she has proof he is changing his story and saying she should just continue the annulment process. He has already screwed things up once and im also afraid maybe he is trying to take us down the road that gets him a bigger pay check. We are looking for a second opinion but i thought i would see what info i get here too.

Thanks

your fiance must get a copy of CENOMAR in NSO and she will be given 15 days to check on their datebased if the marriage was entered into their systerm(nso or a.ka. registry number) and after finding that she is still legally married to her ex then she should get an annulment ... oh boy im telling you it will take a long time to have it but it pays in the end... Good luck!!!!

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Shortly after my spouse and I were married in Philippines in April, she requested a CENOMAR. She received two different NSO documents. The first she received in June was a real CENOMAR, stating that no record or marriage existed from the database back several years (the marriage certificate had not been regsitered with NSO yet), and in July she received a second NSO document that was not a CENOMAR, but it stated that a record of marriage had been found, listing the details - place, date, names, etc.

If you receive a CENOMAR confirming no record of marriage, be very sure that somewhere hidden away there isn't another record somewhere that may surface. Be sure to also check the Local Civil Registrar's Office for the original marriage certificate. It should be there if it exists. NSO may never validated it. Having children will have complicated this. If you check the Philippine Marriage and Family Code, you'll find information regarding such situations. The "marriage" might be genuine, but not recorded.

Also be very sure of the exact spelling of the names of the spouses. Through this process I've learned why many Filipinos are given very unusual (and very creative) names since there is no US-style Social Security individual identification system there. If one has problems with "hits" during an NBI Clearance check, it's likely due to a name match to someone with an unsavory reputation, which will take some time to sort out.

Check this link: http://www.gov.ph/faqs/familycode.asp

Michael and Milah Jean

04/24/2006 | Married in Leyte
06/16/2006 | Mail I-130 petition to NSC
03/15/2007 | INTERVIEW - 6:30 am - APPROVED!!!!
04/05/2007 | ARRIVED IN AMERICA!!! (Detroit)
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11/16/2007 | We're pregnant!!!
07/01/2008 | Ester Faith born at 11:49 pm
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Well, about us I got my CENOMAR from NSO stating that I'm still single though I was married. When we filed our k-1 petition we thought that the marriage was not on record, we forgot to check the civil registrar office. That's the reason we we're denied on our k-1 journey. We filed annullment right away and we got the high paid attorney to made it fast. NSO sometimes are not realiabe specially if they do the manual processing.

jasmin

4-26-06 Married Cebu, Philippines

I-130 (wife & step daughter)

5-05-06 sent

5-08-06 received

5-20-06 Noa#1 (notice date)

5-25-06 Noa#1 (mail recieved)

5-31-06 (touched)

7-12-06 (touched) received email....cases transfered to CSC

7-13-06 (touched)

7-17-06 received NOA in mail (transfer notice)

7-19-06 CSC received petitions

7-20-06 (touched)

7-21-06 (touched)

7-22-06 (touched)

8-03-06 APPROVED (via email)

8-04-06 (touched)

8-06-06 (touched)

8-08-06 received NOA#2 in mail(sent to NVC)

NVC

8-17-06 NVC received and assigned case #s

8-28-06 ds-3032 and aos bill generated (sent out same day)

9-06-06 ds-3032 accepted (email) - resent for cr-2

9-18-06 IV bills received and express mailed

9-20-06 received AOS in mail

9-21-06 AOS sent

9-23-06 (touched)...weird

9-25-06 ds-230 generated

9-30-06 ds-230 received in mail

10-3-06 ds-230 mailed to nvc

10-17-06 CASE COMPLETE!!!

12-26-06 Case sent to manila

12-30-06 Rececieved Packet 4

2-01-07 St. Lukes complete

2-8-07 INTERVIEW!!!!!! AR-need to submit photos of step daughter

2-10-07 Mailed photos to embassy

2-13-07 Photos arrive at embassy

2-21-07 Photos made it out of mail room to case worker!!

3-07-07 Delbros text...VISAS released from embassy

3-09-07 VISAS IN HAND!!!!!!!!

3-29-07 Arrived in Newark (POE)

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Filed: AOS (apr) Country: Philippines
Timeline

You can check the NSO office, also her local registry office. Check also her municipal office and if there is no really marriage license then there is nothing to file for annulment. But be sure to check first rather than sorry if you are on your wedding day already and if someone objects.

I have a friend who got married, but this married was not private, this is called barangay mass wedding. My parent was a Godparents. But when they checked in our local municipal office, they cant get one because their name are not registered. I dont know in NSO if she checked it there already.

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