father and marriage questions

[Richard Webb 0]

My fiance was married once but now has been divorced for a while,what she wants to know is when she goes to get the cenomar and has the divorce papers will they give her a cenomar? or will she need to do anything else? also does she have to go thru nso for anything? she is wondering on these things.

next question,she has a daughter thats 13 the fathers name is on birth certificate. but in another country will she still have to have him sign off allowing her to take daughter if so what does he have to sign and where can a person get it or can they make up there own paper?

[GregwedsAngel 0]

There is no divorce in the Philippines. Did you mean she had been annulled from her previous marriage? I am presuming she has gotten annulled. That judge decreed annulment decision has to be brought to the NSO to have it annotated. I am not annulled as I have not married before but that is what I know as far as this process is concerned. NSO has everything to do with all the identity papers she need to get for the embassy interview later.

Yes, the father of her child will have to sign a consent (notarized) for her to bring her child to the United States. However, she has to apply for a K2 visa along with her K1 visa in order to bring her child with her. That is a separate visa for children of the the fiance/e.

[Richard Webb 0]

There is no divorce in the Philippines. Did you mean she had been annulled from her previous marriage? I am presuming she has gotten annulled. That judge decreed annulment decision has to be brought to the NSO to have it annotated. I am not annulled as I have not married before but that is what I know as far as this process is concerned. NSO has everything to do with all the identity papers she need to get for the embassy interview later.

Yes, the father of her child will have to sign a consent (notarized) for her to bring her child to the United States. However, she has to apply for a K2 visa along with her K1 visa in order to bring her child with her. That is a separate visa for children of the the fiance/e.

no not annuled she got a divorce,well the guy got the divorce in japan where he lives and she never lived there and has proof of the divorce.

[GregwedsAngel 0]

I see. Is the divorce decree in Japanese? You need to have that translated.

[payxibka 10,045]

where was she divorced? no such thing as a divorce IN the PI

[JimVaPhuong 4,863]

My fiance was married once but now has been divorced for a while,what she wants to know is when she goes to get the cenomar and has the divorce papers will they give her a cenomar? or will she need to do anything else? also does she have to go thru nso for anything? she is wondering on these things.

next question,she has a daughter thats 13 the fathers name is on birth certificate. but in another country will she still have to have him sign off allowing her to take daughter if so what does he have to sign and where can a person get it or can they make up there own paper?

She won't get the cenomar until she has the divorce judicially recognized in the Philippines. A divorce can be judicially recognized if she married a foreigner, if the divorce is legal in the foreign spouses country, and if the party who obtained the divorce was not a citizen of the Philippines at the time of the divorce. She can have the divorce judicially recognized by filing a petition in a Philippine court.

I don't know if taking the 13 year old to the US will be an issue with the Philippine government, since the father is not in the Philippines. However, the US Embassy will want her to have the father's permission for the child the immigrate to the US. The letter from the father should be notarized, and should give explicit permission for the child to move permanently to the US.

[Gary and Alla 3,694]

My fiance was married once but now has been divorced for a while,what she wants to know is when she goes to get the cenomar and has the divorce papers will they give her a cenomar? or will she need to do anything else? also does she have to go thru nso for anything? she is wondering on these things.

next question,she has a daughter thats 13 the fathers name is on birth certificate. but in another country will she still have to have him sign off allowing her to take daughter if so what does he have to sign and where can a person get it or can they make up there own paper?

I will let others answer the divorce question as I am completely at a loss as to explain how a country "does not have divorce". ???????

As far as children...

You will need a "permission" letter from the father. There is no particular format for this but it MUST clearly state that the mother has permission to relocate the child(children) PERMANENTLY to the UNITED STATES of AMERICA. No vague wording is acceptable. If the letter is written in any language except English, it must be translated. You must also give a copy of the father's passport showing his photo and signature. It is best if YOU write the letter and have him sign it.

It would be best if you include in the letter that the permission extends to her obtaining a visa and ALL future travel with the children.

Alla just returned from Ukraine on her first visit back since coming last September and we were a bit worried about her leaving the country again with our youngest son using the same letter as we had for his visa. we had no problems (and had been told by the good VJ members here we probably would not) but were a bit nervous anyway. Ukraine's interpretation seems to be "permanent" means "permanent" and the letter does not expire...but why not include a clause for future travel? The child's immigration status in the USA has nothing to do with his being allowed to travel OUT if other countries, so even though our son has a green card, Ukraine COULD refuse to allow him to leave the country without permission from the father.

This permission letter will be required as part of the child's K-2 application, the child will not receive a visa without it.

[JimVaPhuong 4,863]

I will let others answer the divorce question as I am completely at a loss as to explain how a country "does not have divorce". ???????

The Philippines is a predominantly Catholic country. The Catholic church does not recognize divorce. There are three countries in the world where divorce is not available; the Philippines, Malta, and Vatican City.

[Gary and Alla 3,694]

I will let others answer the divorce question as I am completely at a loss as to explain how a country "does not have divorce". ???????

The Philippines is a predominantly Catholic country. The Catholic church does not recognize divorce. There are three countries in the world where divorce is not available; the Philippines, Malta, and Vatican City.

I see, so they HAVE divorce, they just do not CALL it "divorce" and all the Catholics are happy with that. And THIS is why we have separation of church and state. Got it.

[thongd4me 69]

There is no divorce in the Philippines. Did you mean she had been annulled from her previous marriage? I am presuming she has gotten annulled. That judge decreed annulment decision has to be brought to the NSO to have it annotated. I am not annulled as I have not married before but that is what I know as far as this process is concerned. NSO has everything to do with all the identity papers she need to get for the embassy interview later.

Yes, the father of her child will have to sign a consent (notarized) for her to bring her child to the United States. However, she has to apply for a K2 visa along with her K1 visa in order to bring her child with her. That is a separate visa for children of the the fiance/e.

no not annuled she got a divorce,well the guy got the divorce in japan where he lives and she never lived there and has proof of the divorce.

Small world.

My soon to be ex-wife is from Japan and Japan is definitely a tough nut to crack.

My luck was that my ex continues to live here and I can still see my kids.

Japan is one of the countries in the world that has NOT signed the international convention against child abduction,

which means that any kids of a single Japanese parent (male or female) are considered to be 100% under Japanese

jurisdiction. Foreign (gaijin) ex-spouses are really in a bad situation regarding kids that a Japanese spouse keeps

on Japanese soil. They are going to get a lot of smiling and bowing, but the general attitude is FU-GAIJIN.

A foreign spouse would have to be in Japan on a very short-term visa and then may be lucky enough to get

a 1 hour SUPERVISED visit each month at a McDonalds. Don't let the kid go to Japan ever and you should

consult with a Philippine lawyer about the status of your kid if the Japanese ex doesn't want to play ball.

The Japanese are very insular and jingoistic regarding kids of divorce, contrasting with US law that goes

out of it's way to give every right & privilege to a parent who is a non-US citizen.

PS - as we have worked things out regarding our impending divorce, my ex and kids are in Japan NOW

as I speak. I trust they will come back because ALL their video game gear (and a cat with an attitude as well)

is at their house in NY. She used to threaten to kidnap them but neither one speaks Japanese worth a

damn (her fault). My older one says "I am Japanese" thinking she will piss me off but really she has a lot to learn.

[Nahum and Stacey 0]

where was she divorced? no such thing as a divorce IN the PI

Well I know divorce in the PI is difficult but you can get one. I also dont know if divorce is the correct term in the PI of if they use annuled. Divorce in the PI is a long and difficult process but my ex was able to get one from her Australlian National husband.

[Richard Webb 0]

My fiance was married once but now has been divorced for a while,what she wants to know is when she goes to get the cenomar and has the divorce papers will they give her a cenomar? or will she need to do anything else? also does she have to go thru nso for anything? she is wondering on these things.

next question,she has a daughter thats 13 the fathers name is on birth certificate. but in another country will she still have to have him sign off allowing her to take daughter if so what does he have to sign and where can a person get it or can they make up there own paper?

She won't get the cenomar until she has the divorce judicially recognized in the Philippines. A divorce can be judicially recognized if she married a foreigner, if the divorce is legal in the foreign spouses country, and if the party who obtained the divorce was not a citizen of the Philippines at the time of the divorce. She can have the divorce judicially recognized by filing a petition in a Philippine court.

I don't know if taking the 13 year old to the US will be an issue with the Philippine government, since the father is not in the Philippines. However, the US Embassy will want her to have the father's permission for the child the immigrate to the US. The letter from the father should be notarized, and should give explicit permission for the child to move permanently to the US.

when you say recognized bt it showing up in nso does that mean recognized? if so they already show it.but she has the divorce papers.and i did read on another topic where if she married an alien person and the alien filed divorce in another country that she is now free to re marry. she is jutst wanting to be sure on things .

oh and grewedsangel-no its in english already she does read and speak japanese and got her copy in english when she got it.

My fiance was married once but now has been divorced for a while,what she wants to know is when she goes to get the cenomar and has the divorce papers will they give her a cenomar? or will she need to do anything else? also does she have to go thru nso for anything? she is wondering on these things.

next question,she has a daughter thats 13 the fathers name is on birth certificate. but in another country will she still have to have him sign off allowing her to take daughter if so what does he have to sign and where can a person get it or can they make up there own paper?

I will let others answer the divorce question as I am completely at a loss as to explain how a country "does not have divorce". ???????

As far as children...

You will need a "permission" letter from the father. There is no particular format for this but it MUST clearly state that the mother has permission to relocate the child(children) PERMANENTLY to the UNITED STATES of AMERICA. No vague wording is acceptable. If the letter is written in any language except English, it must be translated. You must also give a copy of the father's passport showing his photo and signature. It is best if YOU write the letter and have him sign it.

It would be best if you include in the letter that the permission extends to her obtaining a visa and ALL future travel with the children.

Alla just returned from Ukraine on her first visit back since coming last September and we were a bit worried about her leaving the country again with our youngest son using the same letter as we had for his visa. we had no problems (and had been told by the good VJ members here we probably would not) but were a bit nervous anyway. Ukraine's interpretation seems to be "permanent" means "permanent" and the letter does not expire...but why not include a clause for future travel? The child's immigration status in the USA has nothing to do with his being allowed to travel OUT if other countries, so even though our son has a green card, Ukraine COULD refuse to allow him to leave the country without permission from the father.

This permission letter will be required as part of the child's K-2 application, the child will not receive a visa without it.

thanks for the info i appreciate it.im sure that wont be a problem for her she was just wondering if there was a certain paper or not so now she can relax and write one up herself with the pointers you added. especialy the future travel part.

Edited July 26, 2009 by RichMila

[Richard Webb 0]

where was she divorced? no such thing as a divorce IN the PI

Well I know divorce in the PI is difficult but you can get one. I also dont know if divorce is the correct term in the PI of if they use annuled. Divorce in the PI is a long and difficult process but my ex was able to get one from her Australlian National husband.

sorry when i clicked to post this it posted double for some reason maybe cause the page hung when i clicked it.

if the admin could remove this one it would be great i dont know how to do it or i would have done it right away.cause i now have 2 of the same post going.

Edited July 26, 2009 by RichMila

[JimVaPhuong 4,863]

when you say recognized bt it showing up in nso does that mean recognized? if so they already show it.but she has the divorce papers.and i did read on another topic where if she married an alien person and the alien filed divorce in another country that she is now free to re marry. she is jutst wanting to be sure on things .

A record of divorce at the NSO generally means she is not married, as far as the Philippine government is concerned.

[JimVaPhuong 4,863]

I will let others answer the divorce question as I am completely at a loss as to explain how a country "does not have divorce". ???????

The Philippines is a predominantly Catholic country. The Catholic church does not recognize divorce. There are three countries in the world where divorce is not available; the Philippines, Malta, and Vatican City.

I see, so they HAVE divorce, they just do not CALL it "divorce" and all the Catholics are happy with that. And THIS is why we have separation of church and state. Got it.

No, annulment is not the same as divorce, and most countries that have divorce also have annulment, as well as nullity of marriage. The Catholic church and the Philippines recognize only annulment and nullity of marriage.

A divorce terminates a valid marriage, but the marriage remains valid for legal purposes for the period of time between the wedding and the divorce. In other words, the marriage DID exist.

An annulment invalidates a marriage which was valid when entered into (parties were legally able to be married, and the marriage was conducted legally). A marriage can be annulled in the Philippines if it's determined that, although the marriage was legal, it should not have been entered into. Reasons include fraud, mental instability or insanity, failure to get the permission of the parents for a spouse who was between 18 and 21, etc. For all legal purposes, an annulled marriage never happened.

A nullity of marriage is a declaration that the marriage was invalid from the start. Reasons include a spouse was under the legal age to marry, the person performing the marriage was not authorized to do so, one spouse was still legally married, etc.

As far as separation of church and state, why does the US not legally allow same sex marriage, or marriage between more than two spouses? Is it possible there are religious traditions behind these laws? If we really had separation of church and state, then the government wouldn't recognize marriage at all, nor pass laws regulating it.