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Filed: Country: Philippines
Timeline
Posted

If a married Filipino comes to the US on a relative based (non spousal) immigrant visa, can they obtain a divorce in the US from the spouse they leave behind in Philippines?

08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

Filed: Country:
Timeline
Posted

It is my understanding that as long as they retain their Philippine Citizenship then the answer is Yes & No. If they abandon their Philippine Citizenship after becoming a US Citizen then Yes.

For the Yes & No, here is how it works: The US will recognize the divorce (which is the Yes part) but the Philippines will not recognize it so if they return to the Philippines then they can be subject to arrest for Bigamy.

Posted
It is my understanding that as long as they retain their Philippine Citizenship then the answer is Yes & No. If they abandon their Philippine Citizenship after becoming a US Citizen then Yes.

For the Yes & No, here is how it works: The US will recognize the divorce (which is the Yes part) but the Philippines will not recognize it so if they return to the Philippines then they can be subject to arrest for Bigamy.

You are correct in saying that the divorce will not be recognized by the Philippine government but they cant be the subject to arrest if they return to the Philippines if they remarry here .

Removal of Conditions :

August 16, 2010 - Petition received by USCIS Vermont Center

August 20, 2010 - NOA1 received

October 4, 2010 - Biometrics

January 3, 2011 - Permanent 10 yr. Green Card Received.

Filed: Country: Philippines
Timeline
Posted
But given that divorce is not recognized in the PI, the other spouse would have to pursue an annulment in the Phillipines before he/she could marry there, right?

Correct ...

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