Filipina filed for divorce

[nydvo 0]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

[Otto 83]

Obviously you can not marry until the decree is final (and their may be a waiting period that prevents you from marrying directly after - depends on the state).

When you are able to marry - you're certainly allowed to - the question is, would you be allowed to remain in the US (and can you even remain while waiting for the divorce to be finalized).

(What visa did you arrive on - and what is your current status?)

Edited August 15, 2009 by Otto und Karin

[marklovetina 52]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

of course namn po pede kc jan ka namn naksal eh meron sadyang divorce jan at khit kelan di ka nagpaksal dito.. kya khit mag-asawa ka jan walang mgiging prob...

[nydvo 0]

Obviously you can not marry until the decree is final (and their may be a waiting period that prevents you from marrying directly after - depends on the state).

When you are able to marry - you're certainly allowed to - the question is, would you be allowed to remain in the US (and can you even remain while waiting for the divorce to be finalized).

(What visa did you arrive on - and what is your current status?)

I am waiting for the divorce decree.. but of course,, I cannot start a k1 unless i have the divorce decree.. the thing is.. lots of issues that A FILIPINO WHO INITIATED THE DIVORCE WILL NOT BE ALLOWED TO GET MARRied again under the Philippine Law, at the same time that only applies to those married in the Philippines.. what about those who was married in the US>

i went to the US 2007 thru K1 visa..

but i left the US after 6 months.. werent able to do the AOS..

Edited August 15, 2009 by nydvo

[Otto 83]

i went to the US 2007 thru K1 visa..

but i left the US after 6 months.. werent able to do the AOS..

OK - well under US Law (again, once the divorce is final) - you could marry again here if you wanted.

[RonMay 1]

are you still in the US and you werent able to file AOS since you got here? or you're now in phil? im so sorry for your situation and that your marriage didnt work out. i was on K1 too (2007) and 4 months ago i finally reported our marriage at the Phil Consulate in san fran. meaning for those who reported their marriage outside in phil, they now have our records at the NSO. in your situation, perhaps you're still single in phil. and once you go back and filed for another k1 perhaps the only agency that knows about you being married abroad is the US embassy. im no expert on this and all i can do is guessing what's next to happen which is not helpful at all. but i truly wish you luck and hope you'll find your answers here in the forum.

God bless

Edited August 15, 2009 by RonMay

[nydvo 0]

are you still in the US and you werent able to file AOS since you got here? or you're now in phil? im so sorry for your situation and that your marriage didnt work out. i was on K1 too (2007) and 4 months ago i finally reported our marriage at the Phil Consulate in san fran. meaning for those who reported their marriage outside in phil, they now have our records at the NSO. in your situation, perhaps you're still single in phil. and once you go back and filed for another k1 perhaps the only agency that knows about you being married abroad is the US embassy. im no expert on this and all i can do is guessing what's next to happen which is not helpful at all. but i truly wish you luck and hope you'll find your answers here in the forum.

God bless

ive been back here in the PHilippines since Aug. 2007. only stayed in the US for 6 months. No AOS filed.

Didnt report the marriage at the Philippine Consulate coz in the first place we didnt know that we have to.

My Cenomar now still shows im single.. but, if i will start a k1 application, i will attach my divorce decree..theres gonna be a conflict there.

i can never find any situation the same like mine. its so frustrating..

If i need an annulment, how am i gonna do that if i have no record that i was married here...

thank u so much for the reply! .I hope too that someone can enlighten me here..

[RonMay 1]

are you still in the US and you werent able to file AOS since you got here? or you're now in phil? im so sorry for your situation and that your marriage didnt work out. i was on K1 too (2007) and 4 months ago i finally reported our marriage at the Phil Consulate in san fran. meaning for those who reported their marriage outside in phil, they now have our records at the NSO. in your situation, perhaps you're still single in phil. and once you go back and filed for another k1 perhaps the only agency that knows about you being married abroad is the US embassy. im no expert on this and all i can do is guessing what's next to happen which is not helpful at all. but i truly wish you luck and hope you'll find your answers here in the forum.

God bless

ive been back here in the PHilippines since Aug. 2007. only stayed in the US for 6 months. No AOS filed.

Didnt report the marriage at the Philippine Consulate coz in the first place we didnt know that we have to.

My Cenomar now still shows im single.. but, if i will start a k1 application, i will attach my divorce decree..theres gonna be a conflict there.

i can never find any situation the same like mine. its so frustrating..

If i need an annulment, how am i gonna do that if i have no record that i was married here...

thank u so much for the reply! .I hope too that someone can enlighten me here..

i hope Jom (she's a vj member and a good Pinay lawyer) can butt in and can give you some thoughts.

[eros_EX_Plumber 0]

are you still in the US and you werent able to file AOS since you got here? or you're now in phil? im so sorry for your situation and that your marriage didnt work out. i was on K1 too (2007) and 4 months ago i finally reported our marriage at the Phil Consulate in san fran. meaning for those who reported their marriage outside in phil, they now have our records at the NSO. in your situation, perhaps you're still single in phil. and once you go back and filed for another k1 perhaps the only agency that knows about you being married abroad is the US embassy. im no expert on this and all i can do is guessing what's next to happen which is not helpful at all. but i truly wish you luck and hope you'll find your answers here in the forum.

God bless

You need to divorce in the same US state that you were married....or in the state that you lived for 6 months..

example you married in LAS VEGAS but actually lived in California for 6 month, California is the state in that you need a divorce decree....

Since you are now in RP....i am not sure how you can do that without a lawyer in the US....

It is none of our business but are you sure you want to do ALL this again with another K1 petitioner?

Maybe your "second K1 petitioner" can file all the divorce papers for you....if he is willing to wait and go thru all the hassle, shelling out a bunch of money.. and maybe find out what really happened..... that is if is located in the US.

Good luck....

ive been back here in the PHilippines since Aug. 2007. only stayed in the US for 6 months. No AOS filed.

Didnt report the marriage at the Philippine Consulate coz in the first place we didnt know that we have to.

My Cenomar now still shows im single.. but, if i will start a k1 application, i will attach my divorce decree..theres gonna be a conflict there.

i can never find any situation the same like mine. its so frustrating..

If i need an annulment, how am i gonna do that if i have no record that i was married here...

thank u so much for the reply! .I hope too that someone can enlighten me here..

[rheanick 42]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

You have to follow the procedure of divorce on the state you got married. Just follow those procedure. Based on your post, there is a possibility that your husband won't sign your divorce paper... Study that aspect.

Luckily you did not get married in the Philippines, if you did, you have to file for annulment since you are the one wanting the divorce.

[maritoni 3]

You can file a petition for“Declaration of nullity” this refers to marriages that are considered void or inexistent from the very beginning,since your marriage dont exist at NSO..i hope this helps...goodluck..

[chinese_mutt 11]

i know only this, if a Filipina filed the divorce, she cannot remarry anymore.

if the USC filed the divorce, she can have it recorded in the Philippines and that will enable her to get married again.

Seek a lawyer on this matter just to be safe.

Petitions are expensive, you don't want to waste all your money just to get denied.

Good luck!

[nydvo 0]

i filed the divorce and we're on the end of the process already.. jsut waiting for the actual divorce decree document.

thank u all for the replies

[Rocky_nBullwinkle 6]

im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?

I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,

i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u

The answer to your question is yes. You can remarry in the United States after your divorce was granted by the court because divorce is legal in the United States. Yes, your marriage is valid in the Philippines according to Article 26 of the Family Code of the Philippines.

[jom 4]

A member here who was actually married to a Filipino obtained her divorce decree in Hongkong and the same divorce decree was recognized by the US Embassy in Manila during her K1 interview. She is now happily married to a USC here in the USA. If you filed your divorce here, I see no reason why it wouldnt be honored by the US Embassy if you have the intention to marry another USC.

Since you are a Filipino citizen, our family laws apply to you even if you got married here, so your previous marriage is still valid in the Philippines . But why make things complicated? No need to obtain a CENOMAR since you did marry. Just make sure you have your marriage certificate and the divorce decree for future use. A K1 visa would be your best option because you can remarry here.

Goodluck .