Divorce question

[icebryker 21]

Annotation on the effects of divorce declared in a foreign country

A request for copy issuance of COM with annotation on the effects of divorce abroad resulted to a negative result or COM without annotation.

How to correct

• The divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC).
• Once the local court recognized the foreign divorce decree, register it to the LCRO of the place of jurisdiction of the RTC which granted the petition.
• The next step is to provide the copy of the registered court decree and certificate of finality to the LCRO where the marriage was registered for the annotation in the COM.
• Once registered, you may now request for an annotated COM at NSO. The complete set of documents: registered court decree, certificate of finality, certificate of registration and the annotated COM is to be forwarded through courier to NSO for processing. Also hand-carry the set of documents for filing an application at NSO-Central Outlet, East Avenue.

http://www.census.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

[Skeeter 1]

Annotation on the effects of divorce declared in a foreign country

A request for copy issuance of COM with annotation on the effects of divorce abroad resulted to a negative result or COM without annotation.

How to correct

• The divorce decree granted by a foreign country must first be filed for recognition in the Philippine Regional Trial Court (RTC).
• Once the local court recognized the foreign divorce decree, register it to the LCRO of the place of jurisdiction of the RTC which granted the petition.
• The next step is to provide the copy of the registered court decree and certificate of finality to the LCRO where the marriage was registered for the annotation in the COM.
• Once registered, you may now request for an annotated COM at NSO. The complete set of documents: registered court decree, certificate of finality, certificate of registration and the annotated COM is to be forwarded through courier to NSO for processing. Also hand-carry the set of documents for filing an application at NSO-Central Outlet, East Avenue.

http://www.census.gov.ph/civilregistration/problems-and-solutions/annotation-effects-divorce-declared-foreign-country

Wow, you guys here are great. Simply great.

Mike

[Caryh 5,206]

Wow, you guys here are great. Simply great.

Mike

While it would be a good thing to get this completed, it is not required for the K-1. The embassy will want to see the divorce papers, as will the CFO, but it is not required if you're going K-1 and marrying in the USA. So you may be a lot closer to completion than you think.

Advantages of getting this process complete, is she will always have that as her marriage of record in the Philippines. She will never be allowed to take your name on the Philippine passport, or report her marriage in the Philippines. This matters a great deal to some people, and not at all to others, who have no intention of maintaining a Phils passport or really having much to do with Phils after marrying in the USA. There are a few spousal benefits in the Philippines to you also, but then you'd have to be wanting to live there for it to matter.

As to the quick no fault divorce here, both parties need to sign the papers, and notarize them, to get the quick no court date divorce. They have to make sure both parties are in agreement. I'm assuming its the same there is the same, so you're going to have a little mailing time to get it completed. I know some people who have divorced here that way and had their decree in a week. I still had a minor child with my ex, so we had to go to court so the judge could make extra sure we're both in agreement. We had the decree about two weeks after that. I'd be getting your K-1 petition in order, and personally would work on getting the divorce recognised in the Philippines while K-1 is processing. Worse case you get some jerk at the CFO demanding it, and at least it will be shortly forthcoming if not complete.

[Skeeter 1]

While it would be a good thing to get this completed, it is not required for the K-1. The embassy will want to see the divorce papers, as will the CFO, but it is not required if you're going K-1 and marrying in the USA. So you may be a lot closer to completion than you think.

Advantages of getting this process complete, is she will always have that as her marriage of record in the Philippines. She will never be allowed to take your name on the Philippine passport, or report her marriage in the Philippines. This matters a great deal to some people, and not at all to others, who have no intention of maintaining a Phils passport or really having much to do with Phils after marrying in the USA. There are a few spousal benefits in the Philippines to you also, but then you'd have to be wanting to live there for it to matter.

As to the quick no fault divorce here, both parties need to sign the papers, and notarize them, to get the quick no court date divorce. They have to make sure both parties are in agreement. I'm assuming its the same there is the same, so you're going to have a little mailing time to get it completed. I know some people who have divorced here that way and had their decree in a week. I still had a minor child with my ex, so we had to go to court so the judge could make extra sure we're both in agreement. We had the decree about two weeks after that. I'd be getting your K-1 petition in order, and personally would work on getting the divorce recognised in the Philippines while K-1 is processing. Worse case you get some jerk at the CFO demanding it, and at least it will be shortly forthcoming if not complete.

Caryh, don't forget, it was at the k-1 interview where they told my fiance that they wanted a death certificate for the "presumptive death". But now that we've found him and he's agreed to file for the divorce here in the states, I thought that would be the magic that would now satisfy the consulate in Manila. And yes, I do know that when she gets her decree that she needs to run that through the courts there so that the government will officially recognize this disolusion of marriage between them. So, we have no problem getting it through the route of the Philippine courts and the NSO, it is the embassy that is the thorn in our sides. They are the ones who didn't want to recognize presumptive death and put the k-1 in a pending status while we supposedly tried to come up with a death certificate. But instead of that, we came up with him. So, isn't this processed divorce decree and newly annotated COM going to be the key to getting the k-1?

At the CFO my fiance gets VIP treatment there because it is her aunt who is the head of the entire department. Although she can't magically make things happen, she does go to the head of the line.

So, Caryh, your opening to this particular response has me puzzled. I feel like I missed something somewhere or maybe you forgot about the presumptive death and the pending status of k-1. Let me know what you think.

Mike

[Hank_ 9,174]

Ya... there is "that" shoe to be addressed, but it is entirely possible that producing the divorce decree may make them happy as well.

[Caryh 5,206]

Caryh, don't forget, it was at the k-1 interview where they told my fiance that they wanted a death certificate for the "presumptive death". But now that we've found him and he's agreed to file for the divorce here in the states, I thought that would be the magic that would now satisfy the consulate in Manila. And yes, I do know that when she gets her decree that she needs to run that through the courts there so that the government will officially recognize this disolusion of marriage between them. So, we have no problem getting it through the route of the Philippine courts and the NSO, it is the embassy that is the thorn in our sides. They are the ones who didn't want to recognize presumptive death and put the k-1 in a pending status while we supposedly tried to come up with a death certificate. But instead of that, we came up with him. So, isn't this processed divorce decree and newly annotated COM going to be the key to getting the k-1?

At the CFO my fiance gets VIP treatment there because it is her aunt who is the head of the entire department. Although she can't magically make things happen, she does go to the head of the line.

So, Caryh, your opening to this particular response has me puzzled. I feel like I missed something somewhere or maybe you forgot about the presumptive death and the pending status of k-1. Let me know what you think.

Mike

If the embassy is not accepting the presumptive death decree you have an issue with the currently approved petition. You have to be free to marry when filing the petition. If they are not accepting the presumptive death, then she wasn't free to marry when the petition was filed. With the divorce decree, you'll be required to file a new K-1 petition because the divorce decree will be dated after the day the petition was filed. Now maybe someone will have a heart and say well by her country she was free then, and now she is in the USA to, but I rather doubt it.

I forgot about the presumptive death decree there. She actually has no need to run the divorce decree through the Philippine system, she already terminated her marriage per their laws.

[Hank_ 9,174]

If the embassy is not accepting the presumptive death decree you have an issue with the currently approved petition. You have to be free to marry when filing the petition. If they are not accepting the presumptive death, then she wasn't free to marry when the petition was filed. With the divorce decree, you'll be required to file a new K-1 petition because the divorce decree will be dated after the day the petition was filed. Now maybe someone will have a heart and say well by her country she was free then, and now she is in the USA to, but I rather doubt it.

I forgot about the presumptive death decree there. She actually has no need to run the divorce decree through the Philippine system, she already terminated her marriage per their laws.

Ya she is free to marry in the Philippines.. no issue. But I wonder what the appearance of a divorce decree dated very recently will do to the whole petition/visa process... send it back to GO... do not stop at FREE PARKING ?

[Skeeter 1]

If the embassy is not accepting the presumptive death decree you have an issue with the currently approved petition. You have to be free to marry when filing the petition. If they are not accepting the presumptive death, then she wasn't free to marry when the petition was filed. With the divorce decree, you'll be required to file a new K-1 petition because the divorce decree will be dated after the day the petition was filed. Now maybe someone will have a heart and say well by her country she was free then, and now she is in the USA to, but I rather doubt it.

I forgot about the presumptive death decree there. She actually has no need to run the divorce decree through the Philippine system, she already terminated her marriage per their laws.

Ya, I hear you. But in her mind and in my mind and the PI's mind, she WAS free to marry. Said so on the COM. So even when she signed her afadavit that she is able to marry, she said so based on the decision of the courts. It's the consulate who says no good because it's become too easy to get the presumptive death. So, we figured that if we find him and make a proper and legitimate divorce it would satisfy. The worst part of any of this is that there's no way to call and talk to someone about this there. Or is there? I'd hate to think we're spinning our tires again only to get nowhere. Any idea on how or who to contact to speak about this?

Mike

[Skeeter 1]

Ya, I hear you. But in her mind and in my mind and the PI's mind, she WAS free to marry. Said so on the COM. So even when she signed her afadavit that she is able to marry, she said so based on the decision of the courts. It's the consulate who says no good because it's become too easy to get the presumptive death. So, we figured that if we find him and make a proper and legitimate divorce it would satisfy. The worst part of any of this is that there's no way to call and talk to someone about this there. Or is there? I'd hate to think we're spinning our tires again only to get nowhere. Any idea on how or who to contact to speak about this?

Mike

About your last sentence------I understand about the PI recognizes her ability to get married again but what we most want is for the consulate to recognize that she is able to marry. And if they don't like to see that based on presumptive death then I'd like to see them say, AHA, so you found him and now he divorced her so now we like it.

I don't know. It just seems to get crazier each day.

[Caryh 5,206]

Ya, I hear you. But in her mind and in my mind and the PI's mind, she WAS free to marry. Said so on the COM. So even when she signed her afadavit that she is able to marry, she said so based on the decision of the courts. It's the consulate who says no good because it's become too easy to get the presumptive death. So, we figured that if we find him and make a proper and legitimate divorce it would satisfy. The worst part of any of this is that there's no way to call and talk to someone about this there. Or is there? I'd hate to think we're spinning our tires again only to get nowhere. Any idea on how or who to contact to speak about this?

Mike

If there's a way to talk with the CO, Hank is the one who'll know the way to get to him/her. I totally get your point of view, in my mind the presumptive death is just a form of divorce they use there because they don't have a legal divorce. Heck the presumptive death is harder to get than a divorce in the USA! But when they've got orders from above, its what they need to follow. Currently you're attempting to meet the requirement of proving her single when the petition was filed. Proving single now doesn't meet the requirement, and the divorce decree dated after the petition was filed just proves she was married when it was filed.

[Caryh 5,206]

I don't know. It just seems to get crazier each day.

Yes your case is really interesting from an immigration point of view. I'd love to see them say, "well ok, that makes it all good now and we'll accept the assumption of death since he's divorced her now". You best case would have been he divorced her without her knowledge before you filed the petition. Then I'd lay odds that she'd be getting the visa. I truly want to see how they decide this one. I'll be praying its positive.

[Hank_ 9,174]

I tend to agree... I see the embassy dropping another shoe when the divorce decree appears

[icebryker 21]

I tend to agree... I see the embassy dropping another shoe when the divorce decree appears

@hank: Yeah, they might say "Aha! So he is not dead, you had him presumed dead but we asked for a death certificate (we knew he wasn't dead). Since you couldn't produce a death certificate, you rose him from his presumptive grave, and had him divorce you."

@Skeeter: But it is really good news Skeet, that he is going to divorce her.

@Caryh: Are you suggesting that they file a new petition? (I'm confused coz Skeet's case is so complicated) So the consulate doesn't really care about the divorce decree being annotated in her Certificate of Marriage? So this means she only has to show them the divoce decree?

I am very interested on what's gonna happen next.

[Hank_ 9,174]

At the moment I would keep moving forward, the divorce decree is critical... then see how the embassy reacts, after all even a broke d_ _ k dog gets lucky sometimes.

Edited February 7, 2014 by Hank_

[Caryh 5,206]

@Caryh: Are you suggesting that they file a new petition? (I'm confused coz Skeet's case is so complicated) So the consulate doesn't really care about the divorce decree being annotated in her Certificate of Marriage? So this means she only has to show them the divoce decree?

I am very interested on what's gonna happen next.

I'm just going by what needs to be proved to get a K-1 visa. They are at the stage of proving she was available to marry. Neither party can be married at the time the visa is applied for. If the embassy refuses to acknowledge the presumption of death, but will accept the divorce decree, then they cannot issue a visa, as she was married when the application was sent.

If the embassy does view it that way, then their only choice is going to be to file a new petition, now that her marriage is dissolved in a manner the embassy will accept.

As it is though, I'm all for Hank's view. They should see how the embassy reacts to a divorce decree issued after the petition is made in conjunction with the presumption of death before the application date. They may get lucky and get through with it.

No the embassy doesn't care if the divorce is annotated at the NSO. She has that already with the presumption of death and they're rejecting it. The biggest issue on that end is the CFO. And they appear to be accepting divorces issued abroad without annotation as long as they have the divorce decree. But maybe thats on a case by case basis, just as asking for parental advice appears to be.