please help,very important

[mgtdg 0]

I now talk to my friend again,findout his husband dont realy care about fileing for divorce,and she got no money for anulment.Shes back in philippines,for 3 years now with expired k3 visa.what should she do? if she wants to go on with her life how can she do that? please anyone give your advice.Thanks in advance.

[Dakine 26]

I now talk to my friend again,findout his husband dont realy care about fileing for divorce,and she got no money for anulment.Shes back in philippines,for 3 years now with expired k3 visa.what should she do? if she wants to go on with her life how can she do that? please anyone give your advice.Thanks in advance.

She has to get an annulment in the Philippines. Cost 2 K or so. If hubby won't pay she'll have to find a puti or pinoy that will. Otherwise she's fukked!!!

Bottomline for ALL pinay. Don't do K3s or CR-1 visas. do K1s. at least you won't have to worry about remarrying in PI.

Edited September 7, 2009 by Haole

[pushbrk 13,070]

I now talk to my friend again,findout his husband dont realy care about fileing for divorce,and she got no money for anulment.Shes back in philippines,for 3 years now with expired k3 visa.what should she do? if she wants to go on with her life how can she do that? please anyone give your advice.Thanks in advance.

The only part of life she can't get on with is remarriage. For that, she'll need an annulment. But you already knew that. Life happens.

[NutMagnet 2]

Bottomline for ALL pinay. Don't do K3s or CR-1 visas. do K1s. at least you won't have to worry about remarrying in PI.

Can you please explain why a Pinoy does not have to worry about remarrying in the RP with a previous K1?

Quotations for reference purposes welcome,

Thanks,

NM

[Dakine 26]

Bottomline for ALL pinay. Don't do K3s or CR-1 visas. do K1s. at least you won't have to worry about remarrying in PI.

Can you please explain why a Pinoy does not have to worry about remarrying in the RP with a previous K1?

Quotations for reference purposes welcome,

Thanks,

NM

The marriage of filipinos in the US are not recorded in PI and it's not necessary to get an annulment in PI.

Be a good idea to get divorced in the US tho.

I imagine a filipino could remarry a filipino in PI and not have to worry about what happened in the US as long as they don't return to the US.

[JimVaPhuong 4,863]

Bottomline for ALL pinay. Don't do K3s or CR-1 visas. do K1s. at least you won't have to worry about remarrying in PI.

Can you please explain why a Pinoy does not have to worry about remarrying in the RP with a previous K1?

Quotations for reference purposes welcome,

Thanks,

NM

Because the K1 allows her to come to the US before getting married. If things don't work out, she can go back and still be unmarried. Of course, it doesn't really change anything if she gets married in the US on the K1, and THEN decides to go back.

[NutMagnet 2]

I now talk to my friend again,findout his husband dont realy care about fileing for divorce,and she got no money for anulment.Shes back in philippines,for 3 years now with expired k3 visa.what should she do? if she wants to go on with her life how can she do that? please anyone give your advice.Thanks in advance.

Mgtdg's original post is here: http://www.visajourney.com/forums/index.ph...=215286&hl=

Your friend is back in her own country with family and friends. What she does and how she goes on with her life is up to her. Unfortunately, marrying again in the near future, or possibly being an OSW may give her some trouble.

Sooner or later, her husband will get a legal divorce for his own needs, but unfortunately here in the USA we do not have a centralized bureau like the NSO who keeps vital statistics records for the entire country, instead it is done at the local county level, and one would have to contact that county's Dept. of Health for those records. Without knowing where the eventual divorce took place, it may be close to impossible to track it.

Hopefully, she keeps in contact with some of her ex's family and they will let her know when her husband files for divorce, she can then get a registered and authenticated copy and then file for a Recognition of Foreign Divorce, a summary proceeding at the Regional Trial Court there in the RP.

She will not be able to initiate or Petition for a divorce herself because of Philippine law. Maybe she can find a kind attorney who can help her secure a legitimate annulment there.

Good luck to her.

NM

P.S. Annulments for "presumed dead" and "abandonment" may work for remaiirage in the RP, but its a guaranteed trip to Room 1206 at the US Embassy, MNL should her next petitioner be American.

[NutMagnet 2]

Bottomline for ALL pinay. Don't do K3s or CR-1 visas. do K1s. at least you won't have to worry about remarrying in PI.

Can you please explain why a Pinoy does not have to worry about remarrying in the RP with a previous K1?

Quotations for reference purposes welcome,

Thanks,

NM

The marriage of filipinos in the US are not recorded in PI and it's not necessary to get an annulment in PI.

Be a good idea to get divorced in the US tho.

I imagine a filipino could remarry a filipino in PI and not have to worry about what happened in the US as long as they don't return to the US.

Actually I was asking you for citations to support your statements.

Filipino citizens when abroad are still under the Philippine Law. They are required to report vital statistics, including marriages to their nearest Consulate or Embassy. In the RP, the reporting is performed by the solemnizing officer who reports the marriage to the LCR who passes it along to the NSO. When outside the RP, it becomes the responsibility of the Pinoy to report it to their nearest consulate.

Report of Marriage:

http://www.philippineconsulate-sf.org/pdf/08reportofmrrg.pdf

In league with that requirement, the requirement of the Pinoy to amend their Philippine passport to her married name. This is required due to their new name and their new identity because of marriage. In most states, marriage and divorce allows you to change your name to anything you desire without a separate motion and pleading.

http://www.philippineconsulate-sf.org/pdf/...sport_amend.pdf

There is also a form for Delayed Registration of Marriages over one (1) year old which requires notarization, the other documents can be simply filled up by hand and sent to the consulate with return envelope and postage.

The Report Of Marriage will be on file with the NSO in a couple of months and can be obtained abroad via www.e-census.com.ph for about twenty bucks registered delivery to the US. It is the same Report of Marriage form you filed with the consulate, but now scanned on NSO security paper. This serves same as a Marriage Certificate.

This info updates the CENOMAR, CEMAR, or marriage index of the Pinoy, including the location of the foreign marriage and all previous marriages, and "most likely matches."

****"The marriage of filipinos in the US are not recorded in PI and it's not necessary to get an annulment in PI."

The "PI?" Republika ng Philipinas? or "RP"

Not automatically, however Filipinos are required to report their marriage to the nearest consulate under RP law. It will be duly recorded thence and available at the NSO.

So you are saying that marriages contracted in the USA by Filipinos which later terminate in divorce do not require an annulment in the Philippines? It depends on who petitioned for divorce.

Any Filipino married abroad is also married in the RP. REF: Art. 26 of E.O. 209 And if it is the Pinoy who is listed as the Petitioner on the divorce he/she is still unable to re-marry, but the foreign (American spouse) is free as a bird. The foreigner has to be the one to petition for divorce, and then the Pinoy must still file a judicial recognition of foreign divorce with the RTC.

So, for all those who are listening, don't be a hero and pay for your new Internet girl's divorce in the USA, the US Embassy, MNL is too smart for that sh#t and adhere to local Philippine laws regarding marriage and civil status.,

Do you think for one minute that the US Embassy is not going to abide by the local laws of the country of their station?

Philippine citizens can not seek, initiate, or petition for foreign divorce under Philippine law. The work around is for them to wait until they are granted citizenship and passport in a foreign country and disavow their patriotism to the RP, in which situation, they are no longer bound to the laws of their home country.

Some people are going to have the surprise of their life when they pick up their CENOMAR prior to their 2nd K1 interview and discover that their American ex-husband has filed a delayed registration of marriage. They thought that they could skip out on the Philippine annulment process because she failed to report her first marriage, and her CENOMAR was clear. Hhowever, the ex-husband did it for her.

To JimVaPhuong, you are correct, if she/he returns prior to the expiration of her K1 Visa and does not get married, she returns home as free as a bird, and can chalk it up to a traveling experience or whatever.

[JimVaPhuong 4,863]

In most states, marriage and divorce allows you to change your name to anything you desire without a separate motion and pleading.

There are limitations in most states. Some states only allow the female to changes names, and many states only allow a choice of spouse's name, or a hyphenated combination of the two names. Most states wouldn't allow you to change your name to "Martha Washington" unless your first name was already Martha, and your husband's name was Washington. You'd need to petition separately for a name change otherwise.

[Kathryn41 3,205]

extra post removed at OP's request

[Brother Hesekiel 2,236]

I do not know the specifics of this particular case, but in view of similar cases, wouldn't filing for spousal support be an enticement for a non-cooperative spouse to agree to a divorce?