help about my divoced and what visa to apply

[lynchang 0]

But the question here is what happened at NSO when the local registrar submitted her second marriage contract?

Did they reject it, in which case it was never registered.

OR

Did they accept it, in which case her CEMAR would show 2 marriages.

This is an issue for 2 reasons:

For a K-1 USEM will want to see a CENOMAR or a CEMAR with additional documents showing all listed previous marriages have been dissolved. If her CEMAR sgows both marriages then she'll also have to file legal documents to dissolve it before applying.

If they they try for CR-1 based on the second marriage it may cause problems either at USEM or CFO with the second marriage happening BEFORE the dissolution of the first.

sana hindi two i get marrige contact from my 2nd husband after register i will try to get CENOMAR see if who is in there or ifts two im gonna cryy waaaaaaaaaaaaa :crying:

[Gumbolette 58]

Not true. The Family Code of the Philippines is clear:

http://www.chanroble...eorderno209.htm

Art. 26. All marriages solemnized outside the Philippines, in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35 (1), (4), (5)and (6), 3637 and 38. (17a).

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is there after validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law. (As amended by Executive Order 227)

Not reporting a marriage celebrated abroad to the NSO does not make a Filipino citizen single in the eyes of Philippine law. If a Filipino citizen marries anywhere in the world, then he or she is considered married in the Philippines.

Having said that, lynchang's second marriage is null and void because she married without an approved Judicial Recognition of a Foreign Divorce Decree which I understand she is in the process of doing now.

Lynchang, while waiting for the court to decide your Judicial Recognition of a Foreign Divorce Decree, I suggest you already consult a lawyer to start the process of annulling your second marriage. Your American husband/fiance cannot start the petition process until you are legally free to marry.

Below are links that might help in cases like yours.

http://jlp-law.com/b...divorce-decree/

http://www.gtalawphi...101_divorce.htm

This should answer all the question of the OP.

to the OP, You have to have your Divorced decree be recognized first in the Philippines, in this case, your marriage to your second husband is null and void.

Since you never really secure an authentic NSO CENOMAR, that allows you to marry your USC man, that marriage is gone with the wind.

[rheanick 42]

sana hindi two i get marrige contact from my 2nd husband after register i will try to get CENOMAR see if who is in there or ifts two im gonna cryy waaaaaaaaaaaaa :crying:

Expect the worst. Actual scenario from NSO. I overheard this from the woman and the NSO employee. The woman received a a copy of CENMAR. It indicated 2 marriages under her name. She asked why there are two marriages in her CENMAR. The woman added that the first one is her original marriage and the second one is a marriage of a friend who used her name. Sounds weird but true.

[marklovetina 52]

But the question here is what happened at NSO when the local registrar submitted her second marriage contract?

they accepted it of course, and they recorded it...

Did they reject it, in which case it was never registered.

they will not reject it..

OR

Did they accept it, in which case her CEMAR would show 2 marriages.

yes when she get a CEMAR today for sure her 1st and 2nd marriage are listed on the paper.

This is an issue for 2 reasons:

For a K-1 USEM will want to see a CENOMAR or a CEMAR with additional documents showing all listed previous marriages have been dissolved. If her CEMAR sgows both marriages then she'll also have to file legal documents to dissolve it before applying.

yep she needs to annul her 2nd marriage too... before they start all over again.. after all these process they can file a k1 or cr1...

If they they try for CR-1 based on the second marriage it may cause problems either at USEM or CFO with the second marriage happening BEFORE the dissolution of the first.

to OP good luck to u... i know that it will be a long, difficult and expensive process for u and ur honey... God bless u...

Edited August 11, 2010 by godsgift