Does he need to file for Annulment?

[amerasianlove 0]

I am asking this question in behalf of my friend's case.

My friend met her fiance in Philippines and while he was having vacation,they fell inloved..etc.and the USC guy plans to file for a K1 visa for her, the problem is

the USC guy is married to the other Filipina, but they are already separated.

Does he need for file for an annulment in Philippines or a divorce in USA will also be considered as an option?

[YuAndDan 153]

Moving this one ot regional forum, it will get answeres from people dealing and have dealt with manila.

I am asking this question in behalf of my friend's case.

My friend met her fiance in Philippines and while he was having vacation,they fell inloved..etc.and the USC guy plans to file for a K1 visa for her, the problem is

the USC guy is married to the other Filipina, but they are already separated.

Does he need for file for an annulment in Philippines or a divorce in USA will also be considered as an option?

I believe if US citizen divorces PI citizen in the USA, PI will recognize the divorce, and USC will be free to marry another person.

[desh_desh 1]

his husband can file divorced in US i guess.. sabi kc ng friend ko gnyan din un case ung frind ko naman arried sa american at may namit xang guy so sabu ng atty pwede dw magfile ng divorce ung ex hubby nya and automatic grant xa d2 sa pinas..

[-B&T- 1]

I am asking this question in behalf of my friend's case.

My friend met her fiance in Philippines and while he was having vacation,they fell inloved..etc.and the USC guy plans to file for a K1 visa for her, the problem is

the USC guy is married to the other Filipina, but they are already separated.

Does he need for file for an annulment in Philippines or a divorce in USA will also be considered as an option?

Your friend' fiance can file a Divorce here in US then he would send the papers to her Ex so she can sign it then he will be free and will be able to marry your BFF.Its gonna take time so her fiance better start the paperwork.

[maria teresa 0]

im not sure but i think it might depend on where the US guy and the first filipina were married. I think if they were married in the PI then Yes he would need annulment. If married in US he would need divorce. There is no divorce in PI so if they married in PI i think he would still be legaly married to his first wife in the PI governments eyes I beleive both parties must be legaly be free to marry, but like i said i might be wrong

Edited March 17, 2009 by maria teresa

[john_and_marlene 162]

im not sure but i think it might depend on where the US guy and the first filipina were married. I think if they were married in the PI then Yes he would need annulment. If married in US he would need divorce. There is no divorce in PI so if they married in PI i think he would still be legaly married to his first wife in the PI governments eyes I beleive both parties must be legaly be free to marry, but like i said i might be wrong

Misdirection and misinformation. Getting married in the Philippines does not rule out a U.S. divorce. Whether the Philippines will recognize the U.S. divorce depends on who files for the divorce.

[rheanick 42]

I am asking this question in behalf of my friend's case.

My friend met her fiance in Philippines and while he was having vacation,they fell inloved..etc.and the USC guy plans to file for a K1 visa for her, the problem is

the USC guy is married to the other Filipina, but they are already separated.

Does he need for file for an annulment in Philippines or a divorce in USA will also be considered as an option?

The USC could file for divorce. The divorce would be recognized in the philippines since it is the USC who filed the divorce.

[rheanick 42]

I am asking this question in behalf of my friend's case.

My friend met her fiance in Philippines and while he was having vacation,they fell inloved..etc.and the USC guy plans to file for a K1 visa for her, the problem is

the USC guy is married to the other Filipina, but they are already separated.

Does he need for file for an annulment in Philippines or a divorce in USA will also be considered as an option?

I also know a USC with the same case. Married to a filipina, divorced and now wants to marry another filipina. I just told him to file for K1 visa and ensure that the divorce paper is complete.

[MMW 2]

USC files for divorce in the US no need for annulment for the USC.

[amerasianlove 0]

Thank you guys for the very helpful info's!

[john_and_marlene 162]

USC files for divorce in the US no need for annulment for the USC.

And, no need for annulment for the Filipino.

[belovedbyme 0]

You are right john_and_marlene.

[maritoni 3]

foreigners, are bound by their national laws in relation to marriage, status and other personal circumstances. Since in the US, divorce is allowed, the foreigner can pursue divorce in the US and secure a decree of divorce there. This decree of divorce will be recognized here in the Philippines by submitting said decree to the local civil registrar.

But another option is filing an annulment or nullity of marriage here in the Philippines. The court will take cognizance of such case as long as it can be shown that the foreigner has residence here in thePhilippines. (Note: Establishing residence in thePhilippines is not difficult and mere allegation in the complaint is usually sufficient for the court to take cognizance of the case). The residence of the foreigner here in the Philippines is crucial because it is the venue of the court of where he shall file the case or the venue can be the place where his spouse is residing. The venue of the case is at the option of the party filing the case - in the petitioner's resident or the respondent's residence. Take note that the place to file the petition is not the place where the marriage was celebrated, but, most of the time the place where the party filing or the petitioner is residing. After the court would have acquired jurisdiction of the petition for annulment or nullity of marriage, the foreigner would have to testify in court, which needs personal appearance.

There is no divorce in the Philippines and there is no"uncontested" divorce where parties would just agree to part ways. The law specifically prohibits collusion between the parties. Because of this, testimony and evidence would have to be presented in Court to show that the petitioner is entitled to annulment/nullity of marriage, even if there is no opposition to the respondent.