HONG-KONG DIVORCE.. WITHOUT ANNULMENT IN PI

[marklovetina 52]

Will a Hong Kong Divorce be accepted in Manila USE?, Legal HK divorce but no annulment in Phil OK for K1?

post Mar 4 2008, 11:42 PM

Post #1

Junior Member

**

Group: Members

Joined: 18-February 08

Filed for: K-1

California Service Center

Local Office: unknown

Country: Philippines

My fiancee lives and working in Hong Kong, and hearing of the problems / difficulties with obtaining an anullment in Philippines, she filed for divorce in Hong Kong. The divorce was completed entirely legally.....But will the US Embassy in Manila grant her K1 Visa with the Hong Kong divorce?

We have already filed and recieved NOA1...any comments or suggestions will be helpful!

have a blessed day!

I wish to thank all of you for your efforts and replies to my original topic / question. Just so all of you are aware, I was eventually able to make contact with the USE in Manila regarding my Phil fiancée’s divorce in Hong Kong. After looking through her regulations, she reported "I have good news for you." then she stated something like...since the marriage would take place in the US (which recognizes HK divorces) she would be considered free to marry and so she could obtain the K1 Visa. She further noted, however, that I could not marry her in Phil and then use a K3 since my fiancée is not free to marry there due to lack of annulment.

It is clear from what I have been able to see, Phil recognizes only annulment between Phil nationals, however, the visa is being offered through the US government at the request of a US citizen and the marriage is to take place under US jurisdiction. It is only for that reason that the USE is able to approve the K1 visa despite her still being legally married in Phil (but I might add, not in most other countries which recognize divorce - for instance she could marry in HK to an HK Citizen).

Also, FYI, the attorney she used in HK reported that she has had other clients who were divorced in HK and then married in the US and were living there legally. I do not know if they filed for K1 in HK or Phil. We are only filing through Phil (Manila) because in addition to the other errors in her documents, her Phil passport is inaccurate. She will need to correct that before going for interview but once she does, she is in danger of being accused of fraud by HK immigration if she returns to HK....she has heard of other domestic helpers who have been jailed for correcting errors years later and then returning to HK on corrected documents only to accused and arrested by HK officials suspecting them of trying to mislead HK about their identity.

Additionally, an attorney I spoke with was able to identify records of proceedings in which the Phil fiancée / spouse was acknowledged to have a divorce but not annulment and it was not looked at as a problem. However, he was so far unable to locate any regulations that directly state the acceptance / rejection of a foreign divorce for Phil citizen.

Finally, due to the fact that Phil will never recognize the divorce we are most likely going to proceed with getting annulment any way....now that we know of a way it can be obtained in under a year (THANK YOU VJer's You are SOOO helpful!) but we will not use it in the K1 process since we have already filed....but unless we can bring her boys over (might be complicated due to ex husband's attitude - not likely to give permission- though one boy is 18) she will have ongoing reasons to at least visit Phil and we want her to be legally safe there.

THanx again and have a blessed day!

Congratulations that finally you found an answer to this difficult issu which we , the other members also learned a lot. The USEM is right, just dont marry in the Philippines since legally, the divorce is not recognized there but the good thing is that it is possible for her to be approved with the divorce decree obtained from Hongkong.

The regulation that directly rejects a foreign divorce for a Phil citizen is in the Family Code of the Philippines itself where it states that the only way to declare a marriage null and void is thru annulment . The difference is that in Divorce, the grounds for it can be anything as long as both parties do not contest while in Philippine annulment, the grounds are exclusive.

I wish you all the best and hopefully, we will see a post here very soon that your lady is already here.

Goodluck and keep us posted.

i saw this quiry and i want to know if this is really true.... hope u can share infos. about this... bcoz if its true then why pinay will undergo an annulment and waste money if its ok in the the us embassy here in manila the divorce decree obtrained in hong-kong...?

[Dakine 26]

Where is she going to have the interview?

[marriedtomrg 141]

The Embassy has these requirements for K1 Beneficiaries:

- if she was never married, she has to produce a Certificate of No Marriage (CENOMAR)

- if she was previously married, she has to produce proof that her previous marriage(s) were terminated

I am assuming she was previously married here in the Philippines...though she is divorced in HK, she is technically still married here. Only a Philippine court can properly terminate her previous marriage...and that is through civil annulment.

If her previous marriage took place in HK and the divorce was granted...and that marriage never got recorded in the Philippines (since you have that option to inform the NSO of a marriage that took place abroad)...then intuitively, there should be no impediment to you guys getting a K1 visa.

Depending on where she and her ex got married, an annulment could take anywhere between 18 to 24 months...and that's if the Respondent (the ex, that is) does not contest anytime during the proceedings. If the marriage took place somewhere outside Metro Manila, it could be shorter.

She may want to speak to a lawyer here in Manila about how the Philippine courts would recognize a divorce legally obtained in HK...it may or may not favor well in an annulment case...that depends on the judge handling the case.

I can understand your concern...you want things done quickly...but in this case, quick doesn't always necessarily mean right.

Will a Hong Kong Divorce be accepted in Manila USE?, Legal HK divorce but no annulment in Phil OK for K1?

post Mar 4 2008, 11:42 PM

Post #1

Junior Member

**

Group: Members

Joined: 18-February 08

Filed for: K-1

California Service Center

Local Office: unknown

Country: Philippines

My fiancee lives and working in Hong Kong, and hearing of the problems / difficulties with obtaining an anullment in Philippines, she filed for divorce in Hong Kong. The divorce was completed entirely legally.....But will the US Embassy in Manila grant her K1 Visa with the Hong Kong divorce?

We have already filed and recieved NOA1...any comments or suggestions will be helpful!

have a blessed day!

I wish to thank all of you for your efforts and replies to my original topic / question. Just so all of you are aware, I was eventually able to make contact with the USE in Manila regarding my Phil fiancée’s divorce in Hong Kong. After looking through her regulations, she reported "I have good news for you." then she stated something like...since the marriage would take place in the US (which recognizes HK divorces) she would be considered free to marry and so she could obtain the K1 Visa. She further noted, however, that I could not marry her in Phil and then use a K3 since my fiancée is not free to marry there due to lack of annulment.

It is clear from what I have been able to see, Phil recognizes only annulment between Phil nationals, however, the visa is being offered through the US government at the request of a US citizen and the marriage is to take place under US jurisdiction. It is only for that reason that the USE is able to approve the K1 visa despite her still being legally married in Phil (but I might add, not in most other countries which recognize divorce - for instance she could marry in HK to an HK Citizen).

Also, FYI, the attorney she used in HK reported that she has had other clients who were divorced in HK and then married in the US and were living there legally. I do not know if they filed for K1 in HK or Phil. We are only filing through Phil (Manila) because in addition to the other errors in her documents, her Phil passport is inaccurate. She will need to correct that before going for interview but once she does, she is in danger of being accused of fraud by HK immigration if she returns to HK....she has heard of other domestic helpers who have been jailed for correcting errors years later and then returning to HK on corrected documents only to accused and arrested by HK officials suspecting them of trying to mislead HK about their identity.

Additionally, an attorney I spoke with was able to identify records of proceedings in which the Phil fiancée / spouse was acknowledged to have a divorce but not annulment and it was not looked at as a problem. However, he was so far unable to locate any regulations that directly state the acceptance / rejection of a foreign divorce for Phil citizen.

Finally, due to the fact that Phil will never recognize the divorce we are most likely going to proceed with getting annulment any way....now that we know of a way it can be obtained in under a year (THANK YOU VJer's You are SOOO helpful!) but we will not use it in the K1 process since we have already filed....but unless we can bring her boys over (might be complicated due to ex husband's attitude - not likely to give permission- though one boy is 18) she will have ongoing reasons to at least visit Phil and we want her to be legally safe there.

THanx again and have a blessed day!

Congratulations that finally you found an answer to this difficult issu which we , the other members also learned a lot. The USEM is right, just dont marry in the Philippines since legally, the divorce is not recognized there but the good thing is that it is possible for her to be approved with the divorce decree obtained from Hongkong.

The regulation that directly rejects a foreign divorce for a Phil citizen is in the Family Code of the Philippines itself where it states that the only way to declare a marriage null and void is thru annulment . The difference is that in Divorce, the grounds for it can be anything as long as both parties do not contest while in Philippine annulment, the grounds are exclusive.

I wish you all the best and hopefully, we will see a post here very soon that your lady is already here.

Goodluck and keep us posted.

i saw this quiry and i want to know if this is really true.... hope u can share infos. about this... bcoz if its true then why pinay will undergo an annulment and waste money if its ok in the the us embassy here in manila the divorce decree obtrained in hong-kong...?

[Dakine 26]

"an annulment could take anywhere between 18 to 24 months"

That's way to long. I've seen LOTS that have done the annulment in about 6 months. More you pay the faster you can get it.

[raquel_1208 1]

As long as you file K-1 in Hongkong and the interview will be in Hongkong as well. If you file K-1 in Manila, then the divorce papers you got in Hongkong will not be accepted hence you need Annulment papers filed in the Philippines.

[Dakine 26]

You're problem will be obtaining a NSO CENOMAR for the USEM interview. NSO will show she is still married.

Who filed for the divorce in HK??

[Dakine 26]

As long as you file K-1 in Hongkong and the interview will be in Hongkong as well. If you file K-1 in Manila, then the divorce papers you got in Hongkong will not be accepted hence you need Annulment papers filed in the Philippines.

The K1 is filed in the US!! It's where you have are living and have the interview you are talking about.

[rheanick 42]

If the K-1 interview is scheduled in USEM (US Embassy Manila). She would be required to submit a CENOMAR. If she was married in the Philippines, a filipina, she needs to file an annulment to dissolve her previous marriage.

Ask her to get a CENOMAR today.

If her CENOMAR reflects that she is still married, the K1 petition could be denied due to misrepresentation.

Earliest timeline for annulment is 6 months.

BTW, who is inquiring here, the USC or the filipina?

[raquel_1208 1]

As long as you file K-1 in Hongkong and the interview will be in Hongkong as well. If you file K-1 in Manila, then the divorce papers you got in Hongkong will not be accepted hence you need Annulment papers filed in the Philippines.

The K1 is filed in the US!! It's where you have are living and have the interview you are talking about.

Thanks for the correction.

[rheanick 42]

Also, FYI, the attorney she used in HK reported that she has had other clients who were divorced in HK and then married in the US and were living there legally. I do not know if they filed for K1 in HK or Phil. We are only filing through Phil (Manila) because in addition to the other errors in her documents, her Phil passport is inaccurate. She will need to correct that before going for interview but once she does, she is in danger of being accused of fraud by HK immigration if she returns to HK....she has heard of other domestic helpers who have been jailed for correcting errors years later and then returning to HK on corrected documents only to accused and arrested by HK officials suspecting them of trying to mislead HK about their identity.

The story from your attorney could be true coz there are some filipinos who does not know the law and quite stupid enough to believe that once a divorce is filed, the marriage is dissolve even though the couple got married in the philippines and both filipino citizen.

No offense meant for those filipinos i'm calling stupid...

[usaborn1111 0]

Will a Hong Kong Divorce be accepted in Manila USE?, Legal HK divorce but no annulment in Phil OK for K1?

post Mar 4 2008, 11:42 PM

Post #1

Junior Member

**

Group: Members

Joined: 18-February 08

Filed for: K-1

California Service Center

Local Office: unknown

Country: Philippines

My fiancee lives and working in Hong Kong, and hearing of the problems / difficulties with obtaining an anullment in Philippines, she filed for divorce in Hong Kong. The divorce was completed entirely legally.....But will the US Embassy in Manila grant her K1 Visa with the Hong Kong divorce?

We have already filed and recieved NOA1...any comments or suggestions will be helpful!

have a blessed day!

I wish to thank all of you for your efforts and replies to my original topic / question. Just so all of you are aware, I was eventually able to make contact with the USE in Manila regarding my Phil fiancée’s divorce in Hong Kong. After looking through her regulations, she reported "I have good news for you." then she stated something like...since the marriage would take place in the US (which recognizes HK divorces) she would be considered free to marry and so she could obtain the K1 Visa. She further noted, however, that I could not marry her in Phil and then use a K3 since my fiancée is not free to marry there due to lack of annulment.

It is clear from what I have been able to see, Phil recognizes only annulment between Phil nationals, however, the visa is being offered through the US government at the request of a US citizen and the marriage is to take place under US jurisdiction. It is only for that reason that the USE is able to approve the K1 visa despite her still being legally married in Phil (but I might add, not in most other countries which recognize divorce - for instance she could marry in HK to an HK Citizen).

Also, FYI, the attorney she used in HK reported that she has had other clients who were divorced in HK and then married in the US and were living there legally. I do not know if they filed for K1 in HK or Phil. We are only filing through Phil (Manila) because in addition to the other errors in her documents, her Phil passport is inaccurate. She will need to correct that before going for interview but once she does, she is in danger of being accused of fraud by HK immigration if she returns to HK....she has heard of other domestic helpers who have been jailed for correcting errors years later and then returning to HK on corrected documents only to accused and arrested by HK officials suspecting them of trying to mislead HK about their identity.

Additionally, an attorney I spoke with was able to identify records of proceedings in which the Phil fiancée / spouse was acknowledged to have a divorce but not annulment and it was not looked at as a problem. However, he was so far unable to locate any regulations that directly state the acceptance / rejection of a foreign divorce for Phil citizen.

Finally, due to the fact that Phil will never recognize the divorce we are most likely going to proceed with getting annulment any way....now that we know of a way it can be obtained in under a year (THANK YOU VJer's You are SOOO helpful!) but we will not use it in the K1 process since we have already filed....but unless we can bring her boys over (might be complicated due to ex husband's attitude - not likely to give permission- though one boy is 18) she will have ongoing reasons to at least visit Phil and we want her to be legally safe there.

THanx again and have a blessed day!

Congratulations that finally you found an answer to this difficult issu which we , the other members also learned a lot. The USEM is right, just dont marry in the Philippines since legally, the divorce is not recognized there but the good thing is that it is possible for her to be approved with the divorce decree obtained from Hongkong.

The regulation that directly rejects a foreign divorce for a Phil citizen is in the Family Code of the Philippines itself where it states that the only way to declare a marriage null and void is thru annulment . The difference is that in Divorce, the grounds for it can be anything as long as both parties do not contest while in Philippine annulment, the grounds are exclusive.

I wish you all the best and hopefully, we will see a post here very soon that your lady is already here.

Goodluck and keep us posted.

i saw this quiry and i want to know if this is really true.... hope u can share infos. about this... bcoz if its true then why pinay will undergo an annulment and waste money if its ok in the the us embassy here in manila the divorce decree obtrained in hong-kong...?

MY wife got a divorce in the US and it was no problem to bring her here on a K1

[Rocky_nBullwinkle 6]

Did she report her marriage in the Philippines? If she did, she may need to get a CENOMAR. If the CENOMAR shows she is single, then you won't have any problem at all. Good luck. May her CENOMAR says she is free to marry.

[Pinay Wife 47]

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VJ Mod Team

[Ban Hammer 13,344]

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[marklovetina 52]

Will a Hong Kong Divorce be accepted in Manila USE?, Legal HK divorce but no annulment in Phil OK for K1?

post Mar 4 2008, 11:42 PM

Post #1

Junior Member

**

Group: Members

Joined: 18-February 08

Filed for: K-1

California Service Center

Local Office: unknown

Country: Philippines

My fiancee lives and working in Hong Kong, and hearing of the problems / difficulties with obtaining an anullment in Philippines, she filed for divorce in Hong Kong. The divorce was completed entirely legally.....But will the US Embassy in Manila grant her K1 Visa with the Hong Kong divorce?

We have already filed and recieved NOA1...any comments or suggestions will be helpful!

have a blessed day!

I wish to thank all of you for your efforts and replies to my original topic / question. Just so all of you are aware, I was eventually able to make contact with the USE in Manila regarding my Phil fiancée’s divorce in Hong Kong. After looking through her regulations, she reported "I have good news for you." then she stated something like...since the marriage would take place in the US (which recognizes HK divorces) she would be considered free to marry and so she could obtain the K1 Visa. She further noted, however, that I could not marry her in Phil and then use a K3 since my fiancée is not free to marry there due to lack of annulment.

It is clear from what I have been able to see, Phil recognizes only annulment between Phil nationals, however, the visa is being offered through the US government at the request of a US citizen and the marriage is to take place under US jurisdiction. It is only for that reason that the USE is able to approve the K1 visa despite her still being legally married in Phil (but I might add, not in most other countries which recognize divorce - for instance she could marry in HK to an HK Citizen).

Also, FYI, the attorney she used in HK reported that she has had other clients who were divorced in HK and then married in the US and were living there legally. I do not know if they filed for K1 in HK or Phil. We are only filing through Phil (Manila) because in addition to the other errors in her documents, her Phil passport is inaccurate. She will need to correct that before going for interview but once she does, she is in danger of being accused of fraud by HK immigration if she returns to HK....she has heard of other domestic helpers who have been jailed for correcting errors years later and then returning to HK on corrected documents only to accused and arrested by HK officials suspecting them of trying to mislead HK about their identity.

Additionally, an attorney I spoke with was able to identify records of proceedings in which the Phil fiancée / spouse was acknowledged to have a divorce but not annulment and it was not looked at as a problem. However, he was so far unable to locate any regulations that directly state the acceptance / rejection of a foreign divorce for Phil citizen.

Finally, due to the fact that Phil will never recognize the divorce we are most likely going to proceed with getting annulment any way....now that we know of a way it can be obtained in under a year (THANK YOU VJer's You are SOOO helpful!) but we will not use it in the K1 process since we have already filed....but unless we can bring her boys over (might be complicated due to ex husband's attitude - not likely to give permission- though one boy is 18) she will have ongoing reasons to at least visit Phil and we want her to be legally safe there.

THanx again and have a blessed day!

Congratulations that finally you found an answer to this difficult issu which we , the other members also learned a lot. The USEM is right, just dont marry in the Philippines since legally, the divorce is not recognized there but the good thing is that it is possible for her to be approved with the divorce decree obtained from Hongkong.

The regulation that directly rejects a foreign divorce for a Phil citizen is in the Family Code of the Philippines itself where it states that the only way to declare a marriage null and void is thru annulment . The difference is that in Divorce, the grounds for it can be anything as long as both parties do not contest while in Philippine annulment, the grounds are exclusive.

I wish you all the best and hopefully, we will see a post here very soon that your lady is already here.

Goodluck and keep us posted.

i saw this quiry and i want to know if this is really true.... hope u can share infos. about this... bcoz if its true then why pinay will undergo an annulment and waste money if its ok in the the us embassy here in manila the divorce decree obtrained in hong-kong...?