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Filed: Timeline
Posted

Hi everyone. I really need Help with this topic and i hope someone will enlighten me with these. it will be much appreciated, thank you,.

I am (was) married to an American. we didn't work out so we had to seperate.I asked him to file an annulment, so we can both be free and go on our own, but he filed a Divorce instead,in his state, so now, I am divorced. the problem is, i cannot use it in the philippines, and it still appears that i am married.how can i be able to have it recognized here?

,,and if i file it to the court, can my fiance start the K1 while the case is in process?

Also since there is no divorce in the Philippines, What status should i put in the form? Single or divorced?

Please help me.. thank you.

Mhay

Posted (edited)

hello, this article might help you, just click on the link below:

A divorce obtained by the alien spouse.

Good luck and God bless always.

Edited by dbears

ROC

still waiting for GC replacement

N-400

04/23/2012...... N-400 packet sent to Lewisville, TX via USPS express mail

04/24/2012...... N-400 delivered signed for by J. Arthur; priority date according to NOA1

04/27/2012...... Check cashed

04/30/2012...... Received NOA 1 dated April 26, 2012

06/01/2012...... Received notice for biometrics dated May 29, 2012

06/20/2012...... Biometrics schedule (early bio June 05, 2012)

06/18/2012...... Email notification, N400 placed in line for interview

06/29/2012...... Email notification, N400 scheduled for interview

07/05/2012...... Interview Letter Received

08/07/2012...... Interview (PASSED)

Link to: Full timeline

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Filed: K-1 Visa Country: Philippines
Timeline
Posted

I'm sorry to say that you are still married according to the philippine laws, because divorce isn't recognized. You must have an annulment to proceed. please check this link:

http://www.pcgenla.org/FAQcon.htm

Best of luck to you.

Romans 8:31

What then shall we say to these things? If God is for us, who is against us?

Posted (edited)
I'm sorry to say that you are still married according to the philippine laws, because divorce isn't recognized. You must have an annulment to proceed. please check this link:

http://www.pcgenla.org/FAQcon.htm

Best of luck to you.

You should have read the link you posted more carefully!

"Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law."

Looks like as long as the filipino married a foreigner and she/he wasn't the one that filed for the divorce the Philippine government will recognize the divorce.

Edited by Haole

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: AOS (apr) Country: Philippines
Timeline
Posted
I'm sorry to say that you are still married according to the philippine laws, because divorce isn't recognized. You must have an annulment to proceed. please check this link:

http://www.pcgenla.org/FAQcon.htm

Best of luck to you.

Well,you should've read first the link you gave before replying to the OP,i 've read it and this is what i've found...

Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

And since her former spouse was the one who filed the divorce,it'll be recognized here in the Phils and yes,she can get remarried :thumbs:

Filed: K-1 Visa Country: Philippines
Timeline
Posted

HI correct me if i am wrong but as far as i know philippine government honors divorce filed by your foreign x husband. :thumbs:

religious_42.gif

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January 27 2009 POE HOUSTON

March 07,2009 Sent AOS packet by UPS

March 10 2009 aos received signed by CHYBA

March 17, 2009 Check encashed

March 20,2009 NOA1 received for AOS,EAD,AP

March 23,2009 Biometrics appointment recvd

April 16,2009 Biometrics Appintment 8 am

APRIL 2 2009 CASE transferred to CSC

April 30,2009 Touched

May 01,2009 Touched

May 05,2009 EAD and AP Approved.(THANK GOD)

May 11,2009 AP Received

May 13,2009 EAD Received

May 15,2009 got my learner's permit for driving

June 02,2009 RFE for my Son's AOS

June 02,2009 Card Production ordered on mine

June 15 2009 RFE received(new I 693)

June 15, 2009 Card production again

June 17,2009 Got my DL in texas

June 23,2009 Got a touched for RFE on my son's case.Processing resumed

June 26,2009 Got my GC n the mail

June 29 2009 SOn's AOS finally approved

July 01,2009 Got a job!!god is good

Posted

Yes you can marry again using the divorce decree obtained by your foreign spouse as correctly quoted by Haole under the Family Code of the Philippines. This exemption to the rule applies to Filipina women who are married to a foreigner as long as the alien spouse was the one who initiated the divorce proceedings.

However, the procedure doesn't end there. Please obtain an original copy of the divorce decree and file a petition before the family court where you reside so the same divorce decree will be recognized by our courts. Your prayer in the petition is for the same divorce decree to be annotated on the marriage certificate. I advice you to see a lawyer for this procedure.

Goodluck!!

Myla

Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center

August 20, 2010 - NOA1 received

October 4, 2010 - Biometrics

January 3, 2011 - Permanent 10 yr. Green Card Received.

 
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