SECOND ANNULMENT HELP

[LastChance 0]

I decided to cancel my interview for Monday. I called up NSO yesterday and talked to someone from the legal department. My problem was I married my ex-husband twice. I thought the second marriage was not registered since I got a CENOMAR before that indictated only the first marriage. So I filed for annulment (psychologically incapacitated) without mentioning this second marriage and it was granted this year. I dont know why it is only now when I am about to have my interview did this second marriage show up!!! A lot of you and even NSO said that it is not valid because only the first one is valid. But the legal guy from NSO said that I still need court declaration even if it is not valid. So technically speaking, I AM STILL MARRIED!!! ( To this freaking same psychologically incapacitated person!)

I could only cry and cry until I got tired. Now, I am ok and was talking to my lawyer. She doesnt know how to go about this because it is her first time to encounter this kind of situation. The idea of going to hearings and talking about what happened to me (again!) freaks me out! Is there any way that I could file like an affidavit that this is the same psychologically incapacitated person??? Anyone who went through same thing???

Please help! I really don't want to see my ex again. He is a very dangerous person! And my fiancee is really really worried now, he can't sleep because he is so worried for me! Please, I need all the help. Thank you.

[tedjen 0]

Are you sure that the second marriage with the same person as you are saying was registered? Because usually, they don't register it... Second, third and nth marriage with the same person is for formality... since the first marriage was the one registered...

[LastChance 0]

Yes tedjen. That's what I thought so too. Apparently, the priest of Aglipayan religion registered it. It showed in the latest CENOMAR that I got from NSO...

1. xx-xx-2001 me/my ex

2. xx-xx-2002 me/my ex

You are the only onw who replied after so many views. Does this mean my situation is unique? Im so heartbroken.

[LastChance 0]

Wow! 54 views and no one has the same experience as mine. Im so depressed already.

[tedjen 0]

Yes, i might say that it is unique... coz normally, the second marriage with the same person should not be registered... the priest, pastor or anyone who are eligible to officiate weddings/marriages know that...

Actually, that's what the pastor told me... when i was asking him when to register our Christian wedding but he said NO need coz the first was registered and it's the one valid... and the second one was just for formality...

I guess, you should inquire how to do it... in LCR where you send the finality of your annulment.. since it was a marriage with same person...

[tedjen 0]

Why not file a case to voidable marriage? try to check your second marriage... if it was done (registered) by mistake... in the section wherein you need to put the license number... if it's the same license with the first, then it must be the same and no need to file another annulment case... just declaration to nullify or voidable marriage (correct me anyone if i'm wrong )

TS, how many months of interval before second marriage from the first one?

[jom 4]

Your situation is quite unique. I believe in your first post I also said that you will be just fine because the second marriage should not be registered and only a form of a"renewal of vows". Have you talked to the Head of the NSO in your place? If you have two marriages registered that means even if it involved two persons the second marriage was null and void from the very beginning because the first marriage still existed when you had your second marriage.

You don't need to file another annulment case but instead a "Petition To Declare Second Marriage Null and Void" by reason of the first marriage. Your ground would be that the second marriage was with the same person and that the priest inadvertently registered the second ceremony even if it was just a renewal of vows.

Do you know the judge who handled your case before or do you know anybody who knows the judge? Maybe You or that person can ask the judge about your case.

Goodluck and keep us posted. I hope this will be resolved soon.

[Completely 3]

I decided to cancel my interview for Monday. I called up NSO yesterday and talked to someone from the legal department. My problem was I married my ex-husband twice. I thought the second marriage was not registered since I got a CENOMAR before that indictated only the first marriage. So I filed for annulment (psychologically incapacitated) without mentioning this second marriage and it was granted this year. I dont know why it is only now when I am about to have my interview did this second marriage show up!!! A lot of you and even NSO said that it is not valid because only the first one is valid. But the legal guy from NSO said that I still need court declaration even if it is not valid. So technically speaking, I AM STILL MARRIED!!! ( To this freaking same psychologically incapacitated person!)

I could only cry and cry until I got tired. Now, I am ok and was talking to my lawyer. She doesnt know how to go about this because it is her first time to encounter this kind of situation. The idea of going to hearings and talking about what happened to me (again!) freaks me out! Is there any way that I could file like an affidavit that this is the same psychologically incapacitated person??? Anyone who went through same thing???

Please help! I really don't want to see my ex again. He is a very dangerous person! And my fiancee is really really worried now, he can't sleep because he is so worried for me! Please, I need all the help. Thank you.

You need to contact a lawyer or some university that has Free legal Aid.. You can also go to Municipal Court and get an advice from Public Attorney..

[LastChance 0]

Why not file a case to voidable marriage? try to check your second marriage... if it was done (registered) by mistake... in the section wherein you need to put the license number... if it's the same license with the first, then it must be the same and no need to file another annulment case... just declaration to nullify or voidable marriage (correct me anyone if i'm wrong )

TS, how many months of interval before second marriage from the first one?

One year- 1st is January 2001, 2nd is May 2002

[LastChance 0]

Your situation is quite unique. I believe in your first post I also said that you will be just fine because the second marriage should not be registered and only a form of a"renewal of vows". Have you talked to the Head of the NSO in your place? If you have two marriages registered that means even if it involved two persons the second marriage was null and void from the very beginning because the first marriage still existed when you had your second marriage.

You don't need to file another annulment case but instead a "Petition To Declare Second Marriage Null and Void" by reason of the first marriage. Your ground would be that the second marriage was with the same person and that the priest inadvertently registered the second ceremony even if it was just a renewal of vows.

Do you know the judge who handled your case before or do you know anybody who knows the judge? Maybe You or that person can ask the judge about your case.

Goodluck and keep us posted. I hope this will be resolved soon.

Thank you so much jom! Will tell that to my lawyer. But do you know if I need to start with K1 process all ovr again?

[raquel_1208 1]

I sent you a PM.

[Pinay Wife 47]

Hello LastChance.

I had the same case as yours. I married my ex twice. The first one was a secret marriage and not supposed to be registered but turned out, it was registered. So when I petitioned for annulment, only the second marriage was mentioned. Only after I was petitioned by my then fiance did I find out that NSO had a record of the secret marriage so I had to do another court case again.

Like you, we were in a quandary because we could not file a case twice against the same same person for the same grounds. My lawyer was smart, however. We called the second case "Petition for Re-Affirmation of Declaration of Nullity of Marriage". Important part of the petition is:

"12. There is a need to declare the xxx xx, xxxx (date) marriage of herein parties as likewise null and void ab initio on the ground of Res Judicata or a prior declaration of nullity of the marriage of herein parties under Art. 36 of the Family Code which was previously rendered by a competent court and which decision had long become final and executory."

Tell your lawyer to research Supreme Court rulings about Res Judicata. My lawyer cited a Supreme Court ruling in the case of J.C. Lopez & Association vs. Commission on Audit (364 SCRA 472)

My second petition was granted in only 3 months from filing until finality. The LCR/NSO registration took another 2 months. My ex never showed up in any of my annulment cases but both my petitions were granted just the same.

During my K1 interview, my consul put me in AR and told me that I had one year in which to submit a court decision also declaring my first marriage null and void. My then fiance eventually filed another K1 petition. I'm here in the US now.

Bottom line, you need to have your second marriage declared null and void by the court since it is still considered a valid marriage.

Hope this helps.

[jom 4]

Hello LastChance.

I had the same case as yours. I married my ex twice. The first one was a secret marriage and not supposed to be registered but turned out, it was registered. So when I petitioned for annulment, only the second marriage was mentioned. Only after I was petitioned by my then fiance did I find out that NSO had a record of the secret marriage so I had to do another court case again.

Like you, we were in a quandary because we could not file a case twice against the same same person for the same grounds. My lawyer was smart, however. We called the second case "Petition for Re-Affirmation of Declaration of Nullity of Marriage". Important part of the petition is:

"12. There is a need to declare the xxx xx, xxxx (date) marriage of herein parties as likewise null and void ab initio on the ground of Res Judicata or a prior declaration of nullity of the marriage of herein parties under Art. 36 of the Family Code which was previously rendered by a competent court and which decision had long become final and executory."

Tell your lawyer to research Supreme Court rulings about Res Judicata. My lawyer cited a Supreme Court ruling in the case of J.C. Lopez & Association vs. Commission on Audit (364 SCRA 472)

My second petition was granted in only 3 months from filing until finality. The LCR/NSO registration took another 2 months. My ex never showed up in any of my annulment cases but both my petitions were granted just the same.

During my K1 interview, my consul put me in AR and told me that I had one year in which to submit a court decision also declaring my first marriage null and void. My then fiance eventually filed another K1 petition. I'm here in the US now.

Bottom line, you need to have your second marriage declared null and void by the court since it is still considered a valid marriage.

Hope this helps.

This is very good information

[LastChance 0]

Hello LastChance.

I had the same case as yours. I married my ex twice. The first one was a secret marriage and not supposed to be registered but turned out, it was registered. So when I petitioned for annulment, only the second marriage was mentioned. Only after I was petitioned by my then fiance did I find out that NSO had a record of the secret marriage so I had to do another court case again.

Like you, we were in a quandary because we could not file a case twice against the same same person for the same grounds. My lawyer was smart, however. We called the second case "Petition for Re-Affirmation of Declaration of Nullity of Marriage". Important part of the petition is:

"12. There is a need to declare the xxx xx, xxxx (date) marriage of herein parties as likewise null and void ab initio on the ground of Res Judicata or a prior declaration of nullity of the marriage of herein parties under Art. 36 of the Family Code which was previously rendered by a competent court and which decision had long become final and executory."

Tell your lawyer to research Supreme Court rulings about Res Judicata. My lawyer cited a Supreme Court ruling in the case of J.C. Lopez & Association vs. Commission on Audit (364 SCRA 472)

My second petition was granted in only 3 months from filing until finality. The LCR/NSO registration took another 2 months. My ex never showed up in any of my annulment cases but both my petitions were granted just the same.

During my K1 interview, my consul put me in AR and told me that I had one year in which to submit a court decision also declaring my first marriage null and void. My then fiance eventually filed another K1 petition. I'm here in the US now.

Bottom line, you need to have your second marriage declared null and void by the court since it is still considered a valid marriage.

Hope this helps.

Thank You so much Pinay Wife!!!!!!!!!

Will tell my lawyer to do that. Whats so hurtful about this is, I secured CENOMAR 5 times from the NSO just to make sure there was no record of this second marriage. (It wasn't supposed to be registered as we were already married that time.) The latest CENOMAR I got...BOOM! It was there. I almost fainted!

And anyway, any subsequent marriage is considered not valid if there is a valid existing first marriage right? But still there is a need of court declaration for that. And another thing, NSO can not even generate the contract because their system would only read the first marriage because it is with the same person. So I have to travel or send someone to that place where we had our beach wedding and ask the local civil registrar there if they have a record. (And its in a secluded island) The type where you can't escape the island alive!

I am assuming that my K1 might be denied or I have to start the K1 process again. Can you tell me how to do that? Do I need to file a waiver? Or do I need to wait a few months for the process of the Embassy returning it and the NVC receiving it blah blah OR I can start with the K1 process as soon as I get the annulment? Im seeing 2 to 3 months also.

THANK YOU SO MUCH!

THANK YOU ALL!!!

[Pinay Wife 47]

And anyway, any subsequent marriage is considered not valid if there is a valid existing first marriage right? But still there is a need of court declaration for that.

In both of our cases (which are quite unique), we married the same person twice, had our marriage declared null and void and yet, we are not single. So yes, in my case, a court declaration was still required.

It's a different matter though if one was first married in a civil ceremony and then using the same license, had a Catholic wedding. In that case only one civil annulment is required. However, if one wants to be married in Catholic rites again, then a church annulment needs to be filed too. Gosh, all these laws are really complicated.

And another thing, NSO can not even generate the contract because their system would only read the first marriage because it is with the same person.

NSO should change their system. I don't understand why when it's the applicants themselves asking for CENOMAR, the NSO is only able to find one marriage if it is with the same person and yet if it's the US Embassy asking for the same info, they are able to make "halukay" (dig up) all of the forgotten past. It's rather unfair for us. Some of the K1s here do not even know that their ex-BFs have married them.

I am assuming that my K1 might be denied or I have to start the K1 process again. Can you tell me how to do that? Do I need to file a waiver? Or do I need to wait a few months for the process of the Embassy returning it and the NVC receiving it blah blah OR I can start with the K1 process as soon as I get the annulment? Im seeing 2 to 3 months also.

If you are able to hold off the interview until you are able to finish your second case and you are fortunate enough to get a kind consul, you might still get the visa. However, there is also a 50% chance that you might get a bureaucratic consul who might deny the visa on the ground that you were not single when the petition was approved. Either way, you need to appear for an interview even if it means a visa denial just to get the process moving along. Before you can start the K1 process all over again you need to give reasons for the denial, the date, copy of the 212 (?) form, etc.

We included a very simple waiver with our application. Below is a copy:

(day) (Month) (Year)

United States Department of Homeland Security

U.S. Citizenship and Immigration Services

Nebraska Service Center

P.O. Box 87130

Lincoln, NE 68501-7130

To Whom It May Concern:

In compliance with the International Marriage Broker Regulation Act (IMBRA), may I respectfully request for waiver on filing limitations in connection with my current petition.

A waiver is appropriate in my circumstance because I have no criminal history with regard to the "specified crimes" under IMBRA. I have one prior approved Form I-129F for the same fiancee, xxxxxxx xxxxxxx, who was found ineligible to receive a visa per attached letter of the US Embassy in Manila. My fiancee married her ex-husband twice but due to inadvertence, her annullment papers covered only the second marriage. The first marriage is now also legally terminated making her eligible to receive a visa hence, this second petition.

Hoping for your kind consideration of my request.

Thank you.

Sincerely,

xxxxxxxxx

Petitioner

Edited September 27, 2008 by Pinay Wife