Filipina filed for divorce

[nydvo 0]

Hello stephnria,

C ate cora nga who made me and my husband hopeful to go through the process..

Nakapagfile ako ng divorce sa US, kc sa US ako ikinasal., and also nde rin ako makafile sa pinas kc yung marriage wasnt reported at all., so wala akong file sa Philippines.

We hired a divorce lawyer sa Minnesota., and then he took care of the documents and including pag contact sa Exhusband..

[ruby_7 45]

Good story but wrong action, you are not aware of our Philippine law at all.

Here goes our Philippine Law : A Filipino citizen who is married to a foreign national/citizen (like US) cannot obtain a divorce because there is no divorce decree in the Philippines. If such Filipino citizen files a divorce in a foreign embassy or place, that is automatically declared under the Philippine law as null & void, therefore by Philippine law you are still married and you are not legally entitled to marry again. However, if the foreign national/spouse of filipino citizen is the one who files the divorce, such action is legally recognized in the Philippines therefore you can legally marry again.

So to you my fellow Filipina, nag-aksaya ka nang panahon at pera sa pagfile mo nang divorce kasi it's illegal under the Philippine law. Dapat yung Kano mong hubby ang nagfile nang divorce pra legally recognized cya kc US law has divorce decree. Have you heard the real story of Gabby Concepcion and Sharon Cuneta kung bakit cla naghiwalay and yung pagbalik ni Gabby sa Pinas he faced legal battles due to that. In your case, kumbinsihin mo yung estranged hubby mo na cya ang mag-file nang divorce para legally free ka, okay.

[nydvo 0]

Nung nag CFO ako for the second time... sabi ng CFO and also Philippine embassy here in NY., NOT required to report the marriage in the philippines.. wala nga lang ako help na matanggap from them incase i need help..

and .. I went to NSO , Civil registrar's office., all kinds of lawyers and lahat na.. sabi nila... I cannot file for any annnulment or anything.. kc single ang record ko sa Philippines.. Thats why I was able to get the K1 visa,. kc i have my cenomar.. and at the same time... according to US law.. im divorced...

[ruby_7 45]

At kahit wla kang file sa Pinas na kasal ka, sooner or later the IMMIGRATION will find it out and you can be kicked out. Much more when you file a US citizenship, they can find it out and you can face legal actions including deportation. Marami nang cases ang nangyari like that. Your case could have not been quickly find out when you filed for another visa when u re-entered here. But sooner or later, the immigration can find it out. Ang tanong ko sa yo: Sino ba sa inyong dalawa ang nagfile nang divorce, was it you or your ex? If it's your ex filed divorce based in your divorced paper, then your legally safe, BUT if it was you then wrong moved (illegal- based on the Philippine law regardless if you reported that previous marriage or not). Like I said the USCIS can still find it out.

[nydvo 0]

It was me who filed the divorce, kc yung exhusband dont want and never ever want to file.. I mean, NEVEr... if you read the whole thread of this topic,. you will read about how he tried to escaped the divorce summons..

Well,. When US embassy in Manila looked over my documents and my FIRST k1 Application. and verified my CENOMar. and the FAct that its NOT required to report the Marriage., and at the POE Alaska., they asked me about my First k1 visa., my CENOMAR, divorce and the date when i left the US year 2007 ,. and it was defnitely before my visa expired.. they said... IMMIGRATION wise.. I am all safe.. Philippine should have stop me to leave the country and USCIS should have stop me to enter the US .,if i break any law,but knowing that they have my FIRST k1 visa application on hand and didnt break any law at all... USCIS said,. Im ok.

Eventually, maybe philippines will require citizens to report their marriage so they wont be confusions like this.

Edited January 19, 2010 by nydvo

[marklovetina 52]

Good story but wrong action, you are not aware of our Philippine law at all.

Here goes our Philippine Law : A Filipino citizen who is married to a foreign national/citizen (like US) cannot obtain a divorce because there is no divorce decree in the Philippines. If such Filipino citizen files a divorce in a foreign embassy or place, that is automatically declared under the Philippine law as null & void, therefore by Philippine law you are still married and you are not legally entitled to marry again. However, if the foreign national/spouse of filipino citizen is the one who files the divorce, such action is legally recognized in the Philippines therefore you can legally marry again.

So to you my fellow Filipina, nag-aksaya ka nang panahon at pera sa pagfile mo nang divorce kasi it's illegal under the Philippine law. Dapat yung Kano mong hubby ang nagfile nang divorce pra legally recognized cya kc US law has divorce decree. Have you heard the real story of Gabby Concepcion and Sharon Cuneta kung bakit cla naghiwalay and yung pagbalik ni Gabby sa Pinas he faced legal battles due to that. In your case, kumbinsihin mo yung estranged hubby mo na cya ang mag-file nang divorce para legally free ka, okay.

hindi.. kc ung story nya is.. nagpaksal sya sa america tapos hindi nya nireport ung kasal nya dito sa phil kya hindi un rehistrado sa nso.. so pede sya magdivorce sa us kc single pa rin sya dito sa phil... kung nireport nya un kasal nya dito sa nso then need nya magpa-annul ng kasal...

like mine married to a foreigner too.. fil.-can. dito kami kinasal sa phil. rehistrado sya sa nso so kung ako ang magfile ng divorce di honor dito pero me chance kc pede na ipasok sa court ang divorce then ipa-process un, ganon din ang X ko magfile man sya ng divorce papasok pa rin sa court ang divorce ko.. pero dahil di nya ko dinivorce ako ang nagfile ng annulment...

si nydvo hindi rehistrado ang kasal dito sa Phil.... sa usa lang kya ok lang na wlang annulment....

[ruby_7 45]

Mr Ray,

Regardless if your fiancee's first marriage was reported or not as long as she initiated the divorce and not her first USC husband, then that divorce under my Philippine gov't. law in the Family Code is null and void the lawyers that you contacted are not familiar of the Philippine laws, they don't observe international law of other country's (Philippine) family code. Why do you think, she cannot obtain help from Philippine embassies here in US? It's because they knew what she did was unlawful, she didn't follow the Philippine legal system under the family code. Even if she's already here in the United States, sooner or later USCIS will realize their error of issuing her the visa and she can be endanger of deportation/banned or other legal consequences in the future, much more when she will apply for Naturalization in the future because this case happened also to a filipino a year ago that I read in article. I felt bad for her past situation, and she deserves of course another chance to be married to the right person.

[ruby_7 45]

The only danger in her situation is when she applies for NATURALIZATION because as far as I know they're very very strict, and very thorough of their investigation of documents and examining laws of other country's law applicable to the filer and when they find this out she didnt follow the legal system of our Phil. govt. even if she didnt report the marriage in our country because it is very clear in the FAMILY CODE of Philippines, she can be deported or banned for some period of time. It happened to some filipinos already. Why do you think she cannot obtain help with our Philippine embassies here in US? That's because what she did was unlawful based on the PHILIPPINE FAMILY CODE (even if she didnt register her marriage because a registration is not a requirement to proved that she is married to her first hubby). I'm not trying to be a smart person-know it all here about our legal system, but that's what my college professor and reviewer said way back in my college days and review days because somebody asked this question in the class as far as I can remember. Based on reading her situation in the thread, I really feel bad about her first marriage too all those sufferings because I have a strong feeling she's a nice person inside and out and Mr. Ray is a very lucky guy to have her now. But as the legal saying says : " IGNORANCE OF THE LAW EXCUSES NO ONE". It might not be caught by the USCIS now but in the future it can be a red flag alert to them when they update their files...

[ruby_7 45]

The fact is she is a Filipino citizen and she has to abide all the rule of law or legal system of the Philippine gov't. regardless if she registered her marriage in the Philippines or not. Therefore, her marriage certificate to her first husband is already a SUFFICIENT EVIDENCE to prove that she has a first married even if she did not register it. That's very very clear.... I know she deserves her real happiness, who doesn't. Arent we all deserve another chance, of course we do. What Mr. NutMagnet was trying to say was that she should have follow the legal system of the Phil. govt. accordingly otherwise, she can face legal battles in the future...Like I said in my other postings, a lot of cases that happened like this before and years later USCIS here in US found that out and the parties involved faced legal consequences...

[marklovetina 52]

ok me explanation ka sa post mo eh ang tanong ngaun: anong iaanul eh wla ngang nakarehistrong marriage sa nso..?

[ruby_7 45]

I'm happy for your second man now, at least you find your real happiness na....Kya lang yung documentations mo eh, I'm terrified for that in your future, lalo na pag mag pa US citizen ka.

[ruby_7 45]

That's because she didnt register it. As a Filipino citizen she has to abide our laws, period. Kaya nga, she cannot obtain help from Philippine embassies here in US because what she did was wrong, which means no help because the Phil. govt. denies such kind of wrongful action. She's still married to her first hubby, although she didnt register it to the NSO, that's very clear, there's no denial on that.

[Pinay Wife 47]

Nydvo and her first husband were married in the US, under US laws. Walang kinalaman ang Philippine law doon sa unang kasal nya dahil hindi saklaw ng Philippines ang US laws. So even if she was the one who initiated the divorce, walang magagawa ang Philippines doon kasi sa US siya kinasal. Even if she reported the marriage to NSO, US laws pa rin ang may saklaw sa kasal nya at hindi Philippine law.

Nydvo, don't listen to the negative stuff here. The USCIS, NVC, US Embassy and CFO are not ignorant of the law. You did all the right things and no one can take away your visa from you.

To Hannah, please explain yung tanong ni godsgift, anong marriage contract and ia-annul ni nydvo? No Philippine court has the authority to annul a marriage that was solemnized in the US.

Edited January 20, 2010 by Pinay Wife

[ruby_7 45]

Of course, USCIS does care of her first marriage. It's not caught yet because they're not the once who issued the visa it's the embassy. Big problem here I think, is when she apply for NATURALIZATION...a lot of cases happened to that already I just read one a week ago. USCIS didnt find out years later until the filipino filed a NATURALIZATION, faced legal consequences and chose deportation instead of legal battle to avoid further headaches.

[Pinay Wife 47]

Aha! Si Ate Cora pala ang mentor mo. Kaya naman pala. Congrats!!!

LOL :lol: