Jump to content
Mark&Gladys

Canadian Divorce - Please advise

 Share

5 posts in this topic

Recommended Posts

I need some advice. My wife's cousin is married to a Canadian man - they were married in the Philippines. She recently received her visa (after 18 months!) and happily flew to Canada to join him. But, to make a very long story short she has already returned home and is seeking a divorce. What is the process for her to divorce in Canada? What rights does she have? Will the divorce be recognized in the Philippines? Is there a "best case" scenario for them both?

I will write a post detailing the tragedy of this failed relationship soon, but need this advice in the mean time. :help:

Thanks to all in advance.

Mark and Gladys!

pe0zrjk.png

Together in Love Forever!

Link to comment
Share on other sites

If they married in the Philippines the petitioner has to file for the divorce in Canada for the Phiippine government to recognize the divorce.

If she files it won't be valid in PI.

Her other option is do do a annulment in PI.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Link to comment
Share on other sites

1) What is the process for her to divorce in Canada?

2) What rights does she have?

3) Will the divorce be recognized in the Philippines?

4) Is there a "best case" scenario for them both?

1) The Canadian spouse needs to initiate divorce in order for it to be recognized in the Philippines.

2) She might need to hire a Canadian lawyer to advise her on her rights.

3) Since they married in the Philippines, divorce will be recognized in the Philippines if the Canadian spouse initiates. Philippines will not recognize divorce if the Filipino citizen initiates it.

4) Best case scenario is for Canadian spouse to initiate divorce. Divorce is less expensive and is quicker than annulment in the Philippines.

Edited by Pinay Wife
Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Pinay Wife is correct. Even after a divorce is granted in Canada, she must file a case with Family Court of the Philippines to recognize the foreign divorce. It is not automatic.

----------------K1 Journey---------------

02/01/2010 - Sent I-129F sent to CSC Express Mail

02/03/2010 - Date on NOA1

02/09/2010 - NOA1 Hardcopy arrived in mail

03/18/2010 - NOA2 approval mailed by CSC (per USCIS.org)43 Days from NOA1

03/23/2010 - NOA2 Hardcopy Received

06/18/2010 - Interview Passed PINK!!!! PINK!!!! PINK!!!! PINK!!!! PINK!!!!

07/02/2010 - Visa received!

07/03/2010 & 07/05/2010 - PRISM Seminar & CFO Sticker (We are all set

08/08/2010 - May's POE Detroit, MI USA

09/24/2010 - Received SSN Card

10/08/2010 - Wedding

----------------AOS Journey---------------

12/07/2010 - Submitted AOS/EAD Package

12/14/2010 - NOA1 Received

12/27/2010 - Biometrics Completed

01/20/2011 - AOS Transfered to CSC

01/26/2011 - AOS Received by CSC

02/16/2011 - EAD Approved

N/A - AOS Appointment

02/22/2011 - AOS Appproved

02/26/2011 - EAD Card Received

02/27/2011 - Green Card Received

01/19/2013 - Mailed I-751

##/##/2013 - NOA1 Received

##/##/2013 - BIometrics Appointment

##/##/2013 - Interview

##/##/2013 - 10 Year Green Card Issued

FV%20US%20-%20Reg.jpg

Link to comment
Share on other sites

Pinay Wife is correct. Even after a divorce is granted in Canada, she must file a case with Family Court of the Philippines to recognize the foreign divorce. It is not automatic.

:thumbs: :thumbs: :thumbs:

i am also married to a FIL- CAN, we married here in the Phil., he didn't divorce me and even he initiates the divorce i need to file it in court here in the Phil to recognize it... so what i did is i filed an annulment...

oh done with my pre-trial today!!- thank you Lord...

next trial is on mar. 22 and last trial will be on apr. 12...

then submit of evidence..

Decision... :thumbs::thumbs::dance: :dance:

N-400:
May 9, 2017: N-400 packet was sent
May 15, 2017: NOA1 
June 05, 2017: Biometric Done
June 19, 2017: Case is in Line for an Interview
June 25, 2018: USCIS Scheduled an Interview
Aug. 02, 2018: Interview Date- APPROVED!
Aug. 09, 2018: Oath Ceremony

My Group

My Blog

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...