Will a Hong Kong Divorce be accepted in Manila USE?

[Chantel 0]

She will be interviewed in HK if she puts in the 129F addy is HK, it doesn't mean that if you're a Filipino you need to go home in your country and have your interview there....the divorce is recognize by US since you're in HK territory, on the other hand on Philippine Law you're still married with your ex when you go back to PI........

actually this is what's happening when someone can't get an annulment in PI for some reason, but this idea is happening because in PI even if your annulled people still get married and have second and third wife without getting annulled... not everyone can afford to get an annulment

Edited March 24, 2008 by skyblue06

[jom 4]

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

The US Embassy was aware about the Philippine family law...it would be fraud if my foreign husband and I got married in the Philippines knowing my divorce decree is not applicable there....that's why I came here as a K1 visa. The US Embassy recognized my divorce decree because it was issued by the HK court (gov't) where they recognize divorce, too.

I believe they are not aware of this law:

Under Book 1 of the Civil Code of the Philippines :

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

It is very clear that for a Filipino Citizen, no matter where we are in the world, we are bound by our laws relating to family matters which include marriage among others. Therefore , one can only conclude based on the law above that if one obtains a divorce decree from any country, the same is not valid in the Philippines because our government doesnt recognize divorce so the divorce decree you obtained is not applicable there.

Under our Philippine laws, you are still legally married to your Filipino husband and your marriage still exist in the records of the National Statistics Office.

The only instance that a divorce decree obtained abroad is valid in the Philippines is if either one of the couple is a non-filipino citizen and he/she obtains divorce against the filipino spouse abroad (Family CodeArt. 26. xxxxx Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Im just curious also if you ever had your divorce decree registered in the Local Civil Registrar of the place where you married your Filipino husband?

And your Filipino husband cant marry again , even with the divorce decree obtained in Hongkong, that if he wants to marry in the Philippines, or he still can, by not divulging his marriage to you.

Anyhow, the bottomline is, you are here now and filing the K1 in Hongkong worked for you BUT, in my opinion, being in the legal field, you are still legally married to your Filipino husband in the Philippines as what the others here have correctly replied.

Godbless.

Edited March 24, 2008 by jom

[Steven Shirley 0]

I wish to thank all of you for your efforts and replies to my original topic / question. Just so all of you are aware, I was eventually able to make contact with the USE in Manila regarding my Phil fiancée’s divorce in Hong Kong. After looking through her regulations, she reported "I have good news for you." then she stated something like...since the marriage would take place in the US (which recognizes HK divorces) she would be considered free to marry and so she could obtain the K1 Visa. She further noted, however, that I could not marry her in Phil and then use a K3 since my fiancée is not free to marry there due to lack of annulment.

It is clear from what I have been able to see, Phil recognizes only annulment between Phil nationals, however, the visa is being offered through the US government at the request of a US citizen and the marriage is to take place under US jurisdiction. It is only for that reason that the USE is able to approve the K1 visa despite her still being legally married in Phil (but I might add, not in most other countries which recognize divorce - for instance she could marry in HK to an HK Citizen).

Also, FYI, the attorney she used in HK reported that she has had other clients who were divorced in HK and then married in the US and were living there legally. I do not know if they filed for K1 in HK or Phil. We are only filing through Phil (Manila) because in addition to the other errors in her documents, her Phil passport is inaccurate. She will need to correct that before going for interview but once she does, she is in danger of being accused of fraud by HK immigration if she returns to HK....she has heard of other domestic helpers who have been jailed for correcting errors years later and then returning to HK on corrected documents only to accused and arrested by HK officials suspecting them of trying to mislead HK about their identity.

Additionally, an attorney I spoke with was able to identify records of proceedings in which the Phil fiancée / spouse was acknowledged to have a divorce but not annulment and it was not looked at as a problem. However, he was so far unable to locate any regulations that directly state the acceptance / rejection of a foreign divorce for Phil citizen.

Finally, due to the fact that Phil will never recognize the divorce we are most likely going to proceed with getting annulment any way....now that we know of a way it can be obtained in under a year (THANK YOU VJer's You are SOOO helpful!) but we will not use it in the K1 process since we have already filed....but unless we can bring her boys over (might be complicated due to ex husband's attitude - not likely to give permission- though one boy is 18) she will have ongoing reasons to at least visit Phil and we want her to be legally safe there.

THanx again and have a blessed day!

[N360 0]

She will be interviewed in HK if she puts in the 129F addy is HK, it doesn't mean that if you're a Filipino you need to go home in your country and have your interview there....the divorce is recognize by US since you're in HK territory, on the other hand on Philippine Law you're still married with your ex when you go back to PI........

actually this is what's happening when someone can't get an annulment in PI for some reason, but this idea is happening because in PI even if your annulled people still get married and have second and third wife without getting annulled... not everyone can afford to get an annulment

This is a loophole then. But dont get me wrong, I'm happy for the OP but I think it is not right for the US governtment to disregard Philippine law.

I'm not saying I agree or dis-agree with our no divorce law in Philippines. I'm saying.. It is the law. And frankly, technically, the OP's fiance is still married in the Philippines and the US government shouldnt allow other foreign countries law to supercede Philippines.

Just my .02.

[jom 4]

I wish to thank all of you for your efforts and replies to my original topic / question. Just so all of you are aware, I was eventually able to make contact with the USE in Manila regarding my Phil fiancée’s divorce in Hong Kong. After looking through her regulations, she reported "I have good news for you." then she stated something like...since the marriage would take place in the US (which recognizes HK divorces) she would be considered free to marry and so she could obtain the K1 Visa. She further noted, however, that I could not marry her in Phil and then use a K3 since my fiancée is not free to marry there due to lack of annulment.

It is clear from what I have been able to see, Phil recognizes only annulment between Phil nationals, however, the visa is being offered through the US government at the request of a US citizen and the marriage is to take place under US jurisdiction. It is only for that reason that the USE is able to approve the K1 visa despite her still being legally married in Phil (but I might add, not in most other countries which recognize divorce - for instance she could marry in HK to an HK Citizen).

Also, FYI, the attorney she used in HK reported that she has had other clients who were divorced in HK and then married in the US and were living there legally. I do not know if they filed for K1 in HK or Phil. We are only filing through Phil (Manila) because in addition to the other errors in her documents, her Phil passport is inaccurate. She will need to correct that before going for interview but once she does, she is in danger of being accused of fraud by HK immigration if she returns to HK....she has heard of other domestic helpers who have been jailed for correcting errors years later and then returning to HK on corrected documents only to accused and arrested by HK officials suspecting them of trying to mislead HK about their identity.

Additionally, an attorney I spoke with was able to identify records of proceedings in which the Phil fiancée / spouse was acknowledged to have a divorce but not annulment and it was not looked at as a problem. However, he was so far unable to locate any regulations that directly state the acceptance / rejection of a foreign divorce for Phil citizen.

Finally, due to the fact that Phil will never recognize the divorce we are most likely going to proceed with getting annulment any way....now that we know of a way it can be obtained in under a year (THANK YOU VJer's You are SOOO helpful!) but we will not use it in the K1 process since we have already filed....but unless we can bring her boys over (might be complicated due to ex husband's attitude - not likely to give permission- though one boy is 18) she will have ongoing reasons to at least visit Phil and we want her to be legally safe there.

THanx again and have a blessed day!

Congratulations that finally you found an answer to this difficult issu which we , the other members also learned a lot. The USEM is right, just dont marry in the Philippines since legally, the divorce is not recognized there but the good thing is that it is possible for her to be approved with the divorce decree obtained from Hongkong.

The regulation that directly rejects a foreign divorce for a Phil citizen is in the Family Code of the Philippines itself where it states that the only way to declare a marriage null and void is thru annulment . The difference is that in Divorce, the grounds for it can be anything as long as both parties do not contest while in Philippine annulment, the grounds are exclusive.

I wish you all the best and hopefully, we will see a post here very soon that your lady is already here.

Goodluck and keep us posted.

[walls1010 3]

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

The US Embassy was aware about the Philippine family law...it would be fraud if my foreign husband and I got married in the Philippines knowing my divorce decree is not applicable there....that's why I came here as a K1 visa. The US Embassy recognized my divorce decree because it was issued by the HK court (gov't) where they recognize divorce, too.

I believe they are not aware of this law:

Under Book 1 of the Civil Code of the Philippines :

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

It is very clear that for a Filipino Citizen, no matter where we are in the world, we are bound by our laws relating to family matters which include marriage among others. Therefore , one can only conclude based on the law above that if one obtains a divorce decree from any country, the same is not valid in the Philippines because our government doesnt recognize divorce so the divorce decree you obtained is not applicable there.

Under our Philippine laws, you are still legally married to your Filipino husband and your marriage still exist in the records of the National Statistics Office.

The only instance that a divorce decree obtained abroad is valid in the Philippines is if either one of the couple is a non-filipino citizen and he/she obtains divorce against the filipino spouse abroad (Family CodeArt. 26. xxxxx Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Im just curious also if you ever had your divorce decree registered in the Local Civil Registrar of the place where you married your Filipino husband?

And your Filipino husband cant marry again , even with the divorce decree obtained in Hongkong, that if he wants to marry in the Philippines, or he still can, by not divulging his marriage to you.

Anyhow, the bottomline is, you are here now and filing the K1 in Hongkong worked for you BUT, in my opinion, being in the legal field, you are still legally married to your Filipino husband in the Philippines as what the others here have correctly replied.

Godbless.

Some Filipino couples (both married back in the Philippines) came here in the USA and later their marriage was failed, they filed a divorce here and married another filipino (again!). Do you think they register their marriage in the Philippines? I don't think so. Before I file my divorce decree in HK, my ex-husband was married twice to another woman already. Why I did not sue him a begamy? Do I need to waste my time and money to him? His kids to his new family need him...what I want is my freedom but filing an annulment back in the Philippines is very expensive. Hope we can avail a legal aid from the Philippines, in HK I had my divorce processed by the help of the HK legal aid who paid the lawyer. Philippine family law is only for the rich people who can pay those crooked lawyers....you can't pay a lawyer no case! My ex-husband knows better where he stand coz' he's married twice before the divorce.

[jom 4]

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

The US Embassy was aware about the Philippine family law...it would be fraud if my foreign husband and I got married in the Philippines knowing my divorce decree is not applicable there....that's why I came here as a K1 visa. The US Embassy recognized my divorce decree because it was issued by the HK court (gov't) where they recognize divorce, too.

I believe they are not aware of this law:

Under Book 1 of the Civil Code of the Philippines :

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

It is very clear that for a Filipino Citizen, no matter where we are in the world, we are bound by our laws relating to family matters which include marriage among others. Therefore , one can only conclude based on the law above that if one obtains a divorce decree from any country, the same is not valid in the Philippines because our government doesnt recognize divorce so the divorce decree you obtained is not applicable there.

Under our Philippine laws, you are still legally married to your Filipino husband and your marriage still exist in the records of the National Statistics Office.

The only instance that a divorce decree obtained abroad is valid in the Philippines is if either one of the couple is a non-filipino citizen and he/she obtains divorce against the filipino spouse abroad (Family CodeArt. 26. xxxxx Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Im just curious also if you ever had your divorce decree registered in the Local Civil Registrar of the place where you married your Filipino husband?

And your Filipino husband cant marry again , even with the divorce decree obtained in Hongkong, that if he wants to marry in the Philippines, or he still can, by not divulging his marriage to you.

Anyhow, the bottomline is, you are here now and filing the K1 in Hongkong worked for you BUT, in my opinion, being in the legal field, you are still legally married to your Filipino husband in the Philippines as what the others here have correctly replied.

Godbless.

Some Filipino couples (both married back in the Philippines) came here in the USA and later their marriage was failed, they filed a divorce here and married another filipino (again!). Do you think they register their marriage in the Philippines? I don't think so. Before I file my divorce decree in HK, my ex-husband was married twice to another woman already. Why I did not sue him a begamy? Do I need to waste my time and money to him? His kids to his new family need him...what I want is my freedom but filing an annulment back in the Philippines is very expensive. Hope we can avail a legal aid from the Philippines, in HK I had my divorce processed by the help of the HK legal aid who paid the lawyer. Philippine family law is only for the rich people who can pay those crooked lawyers....you can't pay a lawyer no case! My ex-husband knows better where he stand coz' he's married twice before the divorce.

You didnt mention in your original post that your filipino husband was married twice before the divorce. . now this makes all the difference. If your filipino husband was married twice before he married you, then there was really no marriage between you and him in the first place. Ergo, no need for the divorce or an annulment.

What I am trying to explain is that, Filipino citizens, if they are legally married in the Philippines, even if they obtained a divorce decree abroad, such is not valid in the Philippines because it doesnt recognize divorce.

Yes, I know of Filipino couples who came here and got married to another even if their marriage in the Philippines is not anulled yet, the divorce might be valid here, but not in the Philippines. My point is simple, a divorce obtained by a Filipino citizen abroad, against a filipino spouse, is not binding in the Philippines, this is the law. I think my point is clear.

As I have mentioned earlier, the process you took worked for you , so thats all that matters , really. I am just pointing out the legality of the issue at hand because the OP's beneficiary is in the Philippines, unlike your situation where you were interviewed in the US Embassy in Hongkong. This is all about the OP's situation.

Im sorry to hear that you have encountered crooked lawyers, but we are not all the same. My mother is a great lawyer and judge, and I know I am a respectable lawyer when I was still in the Philippines and I am proud to be one.

Anyhow, as I've mentioned earlier, you are here now, thats all that matter. Im sure you read the other posts here and we all agree about the legality of a divorce obtained abroad, not just me.

Godbless.

Myla

[walls1010 3]

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

The US Embassy was aware about the Philippine family law...it would be fraud if my foreign husband and I got married in the Philippines knowing my divorce decree is not applicable there....that's why I came here as a K1 visa. The US Embassy recognized my divorce decree because it was issued by the HK court (gov't) where they recognize divorce, too.

I believe they are not aware of this law:

Under Book 1 of the Civil Code of the Philippines :

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

It is very clear that for a Filipino Citizen, no matter where we are in the world, we are bound by our laws relating to family matters which include marriage among others. Therefore , one can only conclude based on the law above that if one obtains a divorce decree from any country, the same is not valid in the Philippines because our government doesnt recognize divorce so the divorce decree you obtained is not applicable there.

Under our Philippine laws, you are still legally married to your Filipino husband and your marriage still exist in the records of the National Statistics Office.

The only instance that a divorce decree obtained abroad is valid in the Philippines is if either one of the couple is a non-filipino citizen and he/she obtains divorce against the filipino spouse abroad (Family CodeArt. 26. xxxxx Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Im just curious also if you ever had your divorce decree registered in the Local Civil Registrar of the place where you married your Filipino husband?

And your Filipino husband cant marry again , even with the divorce decree obtained in Hongkong, that if he wants to marry in the Philippines, or he still can, by not divulging his marriage to you.

Anyhow, the bottomline is, you are here now and filing the K1 in Hongkong worked for you BUT, in my opinion, being in the legal field, you are still legally married to your Filipino husband in the Philippines as what the others here have correctly replied.

Godbless.

Some Filipino couples (both married back in the Philippines) came here in the USA and later their marriage was failed, they filed a divorce here and married another filipino (again!). Do you think they register their marriage in the Philippines? I don't think so. Before I file my divorce decree in HK, my ex-husband was married twice to another woman already. Why I did not sue him a begamy? Do I need to waste my time and money to him? His kids to his new family need him...what I want is my freedom but filing an annulment back in the Philippines is very expensive. Hope we can avail a legal aid from the Philippines, in HK I had my divorce processed by the help of the HK legal aid who paid the lawyer. Philippine family law is only for the rich people who can pay those crooked lawyers....you can't pay a lawyer no case! My ex-husband knows better where he stand coz' he's married twice before the divorce.

You didnt mention in your original post that your filipino husband was married twice before the divorce. . now this makes all the difference. If your filipino husband was married twice before he married you, then there was really no marriage between you and him in the first place. Ergo, no need for the divorce or an annulment.

What I am trying to explain is that, Filipino citizens, if they are legally married in the Philippines, even if they obtained a divorce decree abroad, such is not valid in the Philippines because it doesnt recognize divorce.

Yes, I know of Filipino couples who came here and got married to another even if their marriage in the Philippines is not anulled yet, the divorce might be valid here, but not in the Philippines. My point is simple, a divorce obtained by a Filipino citizen abroad, against a filipino spouse, is not binding in the Philippines, this is the law. I think my point is clear.

As I have mentioned earlier, the process you took worked for you , so thats all that matters , really. I am just pointing out the legality of the issue at hand because the OP's beneficiary is in the Philippines, unlike your situation where you were interviewed in the US Embassy in Hongkong. This is all about the OP's situation.

Im sorry to hear that you have encountered crooked lawyers, but we are not all the same. My mother is a great lawyer and judge, and I know I am a respectable lawyer when I was still in the Philippines and I am proud to be one.

Anyhow, as I've mentioned earlier, you are here now, thats all that matter. Im sure you read the other posts here and we all agree about the legality of a divorce obtained abroad, not just me.

Godbless.

Myla

I'm sorry mentioning crooked lawyers...it so happened I encountered one back 1997. Actually, I was the first wife, the 2nd wife filed null and void to the court already but the 3rd wife stick to him coz' they had 2 kids now...

What matters now is we both respect our decision and happy with each own family.

[ez2007 1]

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

The US Embassy was aware about the Philippine family law...it would be fraud if my foreign husband and I got married in the Philippines knowing my divorce decree is not applicable there....that's why I came here as a K1 visa. The US Embassy recognized my divorce decree because it was issued by the HK court (gov't) where they recognize divorce, too.

I believe they are not aware of this law:

Under Book 1 of the Civil Code of the Philippines :

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

It is very clear that for a Filipino Citizen, no matter where we are in the world, we are bound by our laws relating to family matters which include marriage among others. Therefore , one can only conclude based on the law above that if one obtains a divorce decree from any country, the same is not valid in the Philippines because our government doesnt recognize divorce so the divorce decree you obtained is not applicable there.

Under our Philippine laws, you are still legally married to your Filipino husband and your marriage still exist in the records of the National Statistics Office.

The only instance that a divorce decree obtained abroad is valid in the Philippines is if either one of the couple is a non-filipino citizen and he/she obtains divorce against the filipino spouse abroad (Family CodeArt. 26. xxxxx Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Im just curious also if you ever had your divorce decree registered in the Local Civil Registrar of the place where you married your Filipino husband?

And your Filipino husband cant marry again , even with the divorce decree obtained in Hongkong, that if he wants to marry in the Philippines, or he still can, by not divulging his marriage to you.

Anyhow, the bottomline is, you are here now and filing the K1 in Hongkong worked for you BUT, in my opinion, being in the legal field, you are still legally married to your Filipino husband in the Philippines as what the others here have correctly replied.

Godbless.

Some Filipino couples (both married back in the Philippines) came here in the USA and later their marriage was failed, they filed a divorce here and married another filipino (again!). Do you think they register their marriage in the Philippines? I don't think so. Before I file my divorce decree in HK, my ex-husband was married twice to another woman already. Why I did not sue him a begamy? Do I need to waste my time and money to him? His kids to his new family need him...what I want is my freedom but filing an annulment back in the Philippines is very expensive. Hope we can avail a legal aid from the Philippines, in HK I had my divorce processed by the help of the HK legal aid who paid the lawyer. Philippine family law is only for the rich people who can pay those crooked lawyers....you can't pay a lawyer no case! My ex-husband knows better where he stand coz' he's married twice before the divorce.

You didnt mention in your original post that your filipino husband was married twice before the divorce. . now this makes all the difference. If your filipino husband was married twice before he married you, then there was really no marriage between you and him in the first place. Ergo, no need for the divorce or an annulment.

What I am trying to explain is that, Filipino citizens, if they are legally married in the Philippines, even if they obtained a divorce decree abroad, such is not valid in the Philippines because it doesnt recognize divorce.

Yes, I know of Filipino couples who came here and got married to another even if their marriage in the Philippines is not anulled yet, the divorce might be valid here, but not in the Philippines. My point is simple, a divorce obtained by a Filipino citizen abroad, against a filipino spouse, is not binding in the Philippines, this is the law. I think my point is clear.

As I have mentioned earlier, the process you took worked for you , so thats all that matters , really. I am just pointing out the legality of the issue at hand because the OP's beneficiary is in the Philippines, unlike your situation where you were interviewed in the US Embassy in Hongkong. This is all about the OP's situation.

Im sorry to hear that you have encountered crooked lawyers, but we are not all the same. My mother is a great lawyer and judge, and I know I am a respectable lawyer when I was still in the Philippines and I am proud to be one.

Anyhow, as I've mentioned earlier, you are here now, thats all that matter. Im sure you read the other posts here and we all agree about the legality of a divorce obtained abroad, not just me.

Godbless.

Myla

I'm sorry mentioning crooked lawyers...it so happened I encountered one back 1997. Actually, I was the first wife, the 2nd wife filed null and void to the court already but the 3rd wife stick to him coz' they had 2 kids now...

What matters now is we both respect our decision and happy with each own family.

Bottom line is. . .. Congress should just push through with that Divorce Bill while election is still far away.

[tomcat 0]

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

The US Embassy was aware about the Philippine family law...it would be fraud if my foreign husband and I got married in the Philippines knowing my divorce decree is not applicable there....that's why I came here as a K1 visa. The US Embassy recognized my divorce decree because it was issued by the HK court (gov't) where they recognize divorce, too.

I believe they are not aware of this law:

Under Book 1 of the Civil Code of the Philippines :

Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. (9a)

It is very clear that for a Filipino Citizen, no matter where we are in the world, we are bound by our laws relating to family matters which include marriage among others. Therefore , one can only conclude based on the law above that if one obtains a divorce decree from any country, the same is not valid in the Philippines because our government doesnt recognize divorce so the divorce decree you obtained is not applicable there.

Under our Philippine laws, you are still legally married to your Filipino husband and your marriage still exist in the records of the National Statistics Office.

The only instance that a divorce decree obtained abroad is valid in the Philippines is if either one of the couple is a non-filipino citizen and he/she obtains divorce against the filipino spouse abroad (Family CodeArt. 26. xxxxx Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Im just curious also if you ever had your divorce decree registered in the Local Civil Registrar of the place where you married your Filipino husband?

And your Filipino husband cant marry again , even with the divorce decree obtained in Hongkong, that if he wants to marry in the Philippines, or he still can, by not divulging his marriage to you.

Anyhow, the bottomline is, you are here now and filing the K1 in Hongkong worked for you BUT, in my opinion, being in the legal field, you are still legally married to your Filipino husband in the Philippines as what the others here have correctly replied.

Godbless.

Some Filipino couples (both married back in the Philippines) came here in the USA and later their marriage was failed, they filed a divorce here and married another filipino (again!). Do you think they register their marriage in the Philippines? I don't think so. Before I file my divorce decree in HK, my ex-husband was married twice to another woman already. Why I did not sue him a begamy? Do I need to waste my time and money to him? His kids to his new family need him...what I want is my freedom but filing an annulment back in the Philippines is very expensive. Hope we can avail a legal aid from the Philippines, in HK I had my divorce processed by the help of the HK legal aid who paid the lawyer. Philippine family law is only for the rich people who can pay those crooked lawyers....you can't pay a lawyer no case! My ex-husband knows better where he stand coz' he's married twice before the divorce.

You didnt mention in your original post that your filipino husband was married twice before the divorce. . now this makes all the difference. If your filipino husband was married twice before he married you, then there was really no marriage between you and him in the first place. Ergo, no need for the divorce or an annulment.

What I am trying to explain is that, Filipino citizens, if they are legally married in the Philippines, even if they obtained a divorce decree abroad, such is not valid in the Philippines because it doesnt recognize divorce.

Yes, I know of Filipino couples who came here and got married to another even if their marriage in the Philippines is not anulled yet, the divorce might be valid here, but not in the Philippines. My point is simple, a divorce obtained by a Filipino citizen abroad, against a filipino spouse, is not binding in the Philippines, this is the law. I think my point is clear.

As I have mentioned earlier, the process you took worked for you , so thats all that matters , really. I am just pointing out the legality of the issue at hand because the OP's beneficiary is in the Philippines, unlike your situation where you were interviewed in the US Embassy in Hongkong. This is all about the OP's situation.

Im sorry to hear that you have encountered crooked lawyers, but we are not all the same. My mother is a great lawyer and judge, and I know I am a respectable lawyer when I was still in the Philippines and I am proud to be one.

Anyhow, as I've mentioned earlier, you are here now, thats all that matter. Im sure you read the other posts here and we all agree about the legality of a divorce obtained abroad, not just me.

Godbless.

Myla

I'm sorry mentioning crooked lawyers...it so happened I encountered one back 1997. Actually, I was the first wife, the 2nd wife filed null and void to the court already but the 3rd wife stick to him coz' they had 2 kids now...

What matters now is we both respect our decision and happy with each own family.

Bottom line is. . .. Congress should just push through with that Divorce Bill while election is still far away.

Great Post

My Fiancé is also a Filipina living in Hong Kong and also was divorced there

we had these thoughts if she was terminated from contract during the K1 process could she have her interview in Manila

[sj5 4]

whatever work....I love Philippines but not our constitution. Some of laws in Phils doesn't make sense at all.

Edited April 3, 2008 by SJ

[winelight 0]

Rather than reply to several posts individually...I will share several thoughts here in a single reply:

I don't think it matters if the ex-husband signs the HK divorce papers. If both don't agree on the divorce...it simply becomes a contested divorce. If there were valid grounds for the divorce, the divorce should succeed whether the other party signs or not. When both sign, it's cheaper and faster to conclude the divorce...but the signature of both parties should not be required.

The USCIS did not honor Philippine law because the HK court did not honor Philippine law. I can find lots of countries that will not honor the Philippine's no-divorce law. It is commonly accepted in international law that one's domicile (not citizenship) typically determines which court (and associated laws) has jurisdiction over a matter. Laws often only make sense within the countries that make them. If you reside somewhere other than the country in which a law was made, courts look at the problem realistically. Your "home" of an indefinite period of time (or, "domicile") will determine which which court has the authority to decide. Things get very complicated very fast if courts try to look at it any other way. (If you live in Siberia for 40 years with no intention to leave...which countries law should apply if you were born in the Philippines?)

Interestingly enough, even the Philippines is forced to recognize divorce in the case of a foreign spouse of a Filipino that obtains a divorce. So...there divorce IS actually acknowledged and defended in Philippine law. It's just that if you are a Filipino national that initiates the divorce, you are fresh out of luck.

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

Edited April 25, 2008 by winelight

[jom 4]

You are right.It is one's domicile that determines which court has jurisdiction over a case that has a foreign element in it, when it comes to Filipinos living abroad, EXCEPT laws affecting family matters.For us Filipinos, its the citizenship that rules ( Under Book 1 of the Civil Code of the Philippines : Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad ) IF A FILIPINO CITIZEN MARRIES ANOTHER FILIPINO CITIZEN IN THE PHILIPPINES , no matter how many divorces he/she obtains abroad which is not registered in the Philippines, his/her marital status remains married in the records of our NSO until such time that the same is being annuled by a Philippine Court. We are talking here about Filipino citizens who married IN THE PHILIPPINES. This makes all the difference.

In fact it was worst before the Family Code was enacted because a Filipino citizen remained married even if the foreign spouse has obtained a divorce from his country, hence the amendment to give the Filipino citizen automatic status of unmarried once the foreign spouse has been issued the divorce decree abroad.

The fact remains that , these divorces may be valid outside the Philippines, recognized by other countries BUT, when one returns there he or she is still married to their Filipino spouse and their marriage still exist in our records, BUT as you said if a Filipino citizen lives in Siberia for 40 years and has no intention to leave then it doesn't really matter.

There are numerous cases like this decided by the Supereme Court in the Philippines and they have not been superseded by new decisions stating otherwise.

On a different note, when a Filipino citizen marries OUTSIDE THE PHILIPPINES, in a country where divorce is recognized, now this makes all the difference. She can legally obtain a divorce despite her citizenship.

The law maybe harsh but it is the law.

Rather than reply to several posts individually...I will share several thoughts here in a single reply:

I don't think it matters if the ex-husband signs the HK divorce papers. If both don't agree on the divorce...it simply becomes a contested divorce. If there were valid grounds for the divorce, the divorce should succeed whether the other party signs or not. When both sign, it's cheaper and faster to conclude the divorce...but the signature of both parties should not be required.

The USCIS did not honor Philippine law because the HK court did not honor Philippine law. I can find lots of countries that will not honor the Philippine's no-divorce law. It is commonly accepted in international law that one's domicile (not citizenship) typically determines which court (and associated laws) has jurisdiction over a matter. Laws often only make sense within the countries that make them. If you reside somewhere other than the country in which a law was made, courts look at the problem realistically. Your "home" of an indefinite period of time (or, "domicile") will determine which which court has the authority to decide. Things get very complicated very fast if courts try to look at it any other way. (If you live in Siberia for 40 years with no intention to leave...which countries law should apply if you were born in the Philippines?)

Interestingly enough, even the Philippines is forced to recognize divorce in the case of a foreign spouse of a Filipino that obtains a divorce. So...there divorce IS actually acknowledged and defended in Philippine law. It's just that if you are a Filipino national that initiates the divorce, you are fresh out of luck.

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

[winelight 0]

Understood that the Filipino obtaining a foreign divorce remains married in the Philippines. My guess is that if the divorce enabled the Filipino to remarry and move to the US or Canada or the UK or wherever...then the Philippine law is of no interest or consequence to them anyway...unless they intend to relocate back to the Philippines (are we saying the same thing here?). I'd speculate, however, that most don't ever plan to move back...so the Philippine law is not "law" at all to them. For those few (assuming it is a few) that want to relocate back to the Philippines....they will have some tough decisions to make (get an annulment from the first spouse...and afterward remarry the same person they are already bigamously married to? continue living legally married outside the Philippines...versus... live in a bigamous marriage in the Philippines? wait until the other Filipino spouse dies...and then move back?)

I completely acknowledge that divorce is not allowed and/or accepted in the Philippines in most cases. I also acknowledge that such a restriction of personal freedom is rare in this world. There are only two countries that actually ban divorce -- the Philippines and Malta. So...it should not be a surprise to anyone that most countries will not single out their residents of Philippine origin to enforce the internationally rare and uncommon "no divorce" laws of the Philippines.

Bottom line: As long as you are legal where you reside...who cares? This Philippine law can be turned "on" or "off" based on where you choose to live. Anyone living outside of the Philippines need not even waste time discussing this Philippine law -- as it simply is NOT law outside of the Philippines. So...if one wants to remain legal...don't move back (or be prepared to deal with Philippine law ONLY at such time that one relocates). The Philippine Supreme Court car reaffirm its no divorce law for Philippine nationals as often as it wants. Unenforceable laws simply are not law...and this is the case outside of the Philippines. No Filipino national need fear anything at with a foreign divorce...as they are no longer subject to Philippine law outside of the Philippines.

Apologies for all of the redundancy here. I have attempted to err on the side of being overly clear for those not up-to-speed on this subject. Based on much uninformed talk...many Filipinos fear they will be breaking the law with a foreign divorce. They need to understand that their fear is completely unwarranted...and that they are 100% legal as long as they reside outside the Philippines. The Philippine law simply does not exist in such a case.

You are right.It is one's domicile that determines which court has jurisdiction over a case that has a foreign element in it, when it comes to Filipinos living abroad, EXCEPT laws affecting family matters.For us Filipinos, its the citizenship that rules ( Under Book 1 of the Civil Code of the Philippines : Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad ) IF A FILIPINO CITIZEN MARRIES ANOTHER FILIPINO CITIZEN IN THE PHILIPPINES , no matter how many divorces he/she obtains abroad which is not registered in the Philippines, his/her marital status remains married in the records of our NSO until such time that the same is being annuled by a Philippine Court. We are talking here about Filipino citizens who married IN THE PHILIPPINES. This makes all the difference.

In fact it was worst before the Family Code was enacted because a Filipino citizen remained married even if the foreign spouse has obtained a divorce from his country, hence the amendment to give the Filipino citizen automatic status of unmarried once the foreign spouse has been issued the divorce decree abroad.

The fact remains that , these divorces may be valid outside the Philippines, recognized by other countries BUT, when one returns there he or she is still married to their Filipino spouse and their marriage still exist in our records, BUT as you said if a Filipino citizen lives in Siberia for 40 years and has no intention to leave then it doesn't really matter.

There are numerous cases like this decided by the Supereme Court in the Philippines and they have not been superseded by new decisions stating otherwise.

On a different note, when a Filipino citizen marries OUTSIDE THE PHILIPPINES, in a country where divorce is recognized, now this makes all the difference. She can legally obtain a divorce despite her citizenship.

The law maybe harsh but it is the law.

Rather than reply to several posts individually...I will share several thoughts here in a single reply:

I don't think it matters if the ex-husband signs the HK divorce papers. If both don't agree on the divorce...it simply becomes a contested divorce. If there were valid grounds for the divorce, the divorce should succeed whether the other party signs or not. When both sign, it's cheaper and faster to conclude the divorce...but the signature of both parties should not be required.

The USCIS did not honor Philippine law because the HK court did not honor Philippine law. I can find lots of countries that will not honor the Philippine's no-divorce law. It is commonly accepted in international law that one's domicile (not citizenship) typically determines which court (and associated laws) has jurisdiction over a matter. Laws often only make sense within the countries that make them. If you reside somewhere other than the country in which a law was made, courts look at the problem realistically. Your "home" of an indefinite period of time (or, "domicile") will determine which which court has the authority to decide. Things get very complicated very fast if courts try to look at it any other way. (If you live in Siberia for 40 years with no intention to leave...which countries law should apply if you were born in the Philippines?)

Interestingly enough, even the Philippines is forced to recognize divorce in the case of a foreign spouse of a Filipino that obtains a divorce. So...there divorce IS actually acknowledged and defended in Philippine law. It's just that if you are a Filipino national that initiates the divorce, you are fresh out of luck.

I got my divorced in HK, too. The difference was, my papers was proccessed in HK US Embassy instead in Manila US Embassy. Everything went well in HK US Embassy...so can't give you any advice how they proccess the papers in Manila US Embassy. They didn't ask my CENOMAR (certificate of no marriage record) coz' I showed my divorced papers as well my marriage records from my ex-husband (he is a filipino) from NSO. If the beneficiary was single they have to present CENOMAR. I guess she'll be fine coz' she can't have the divorce done if her ex-husband didn't sign those document before filing it in the HK court for divorce.

Goodluck!

This is very interesting. And very lucky for you that the US embassy in Hongkong recognized the divorce decree issued there. It only means that the embassy is not aware of our laws regarding divorce. Under Philippine laws, you are still married to your filipino husband since you are both Filipino citizens and divorce is not recognized in the Philippines. But , filing the divorce in HOngkong and the K1 visa worked good for you and you are here now so thats all that matters.

[winelight 0]

Can someone confirm for me that divorce for a Filipina working in Singapore is similar to Hong Kong? Minimal residence duration in Singapore (3-6 months) of the divorce applicant is expected by the judge as additional evidence of Singapore domicile? The courts will handle a contested (unilateral) divorce between two Filipino nationals married in the Philippines? No issues with USCIS accepting a Singaporean divorce in such a case? Any "gotchas" that one should be aware of in the situation described above?

Edited April 26, 2008 by winelight