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Is formal annullment needed???

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Filed: K-1 Visa Country: Philippines
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Ok, here is the situation - to which I've already now heard several conflicting opinions. Evelyn, my fiance', is still in the Philippines, and very much Catholic. Which I think is great, although I am not Catholic. Naturally, she wants a church wedding in Phils, with family and friends. Sounds wonderful to me. But, I am divorced (here in US) 6 years now. Both my exwife, and myself were raised Catholic, but do not consider ourselves Catholic now or when we married, and were not married in the Catholic Church or by a Priest. My question is, do I need to obtain an annullment from the Catholic Church for my previous marriage before the Catholic Church in Phils will marry us? My Catholic friends here in the states say yes, and they also say this is a nightmare of a process. Thanks for any help.

October 1, 2005 . . . . Evelyn and I met online

March 8, 2006 . . . . Traveled to Phils for first face-2-face . . . Oh, my god! . . . Wow!!!

March 21, 2006 . . . . I-129F Packet Sent

March 30, 2006 . . . . NOA1 Received

May 25, 2006 . . . . Traveled to Phils for Evelyn's June 1st Bday

June 1, 2006 . . . . Application transferred from Lincoln, NE to California

July 5, 2006 . . . . IMBRA-RFE Request Received

July 6, 2006 . . . . IMBRA-RFE Information Sent

July 13, 2006 . . . . IMBRA-RFE Information Received Ack from USCIS

September 11, 2006 . . . . Email from USCIS - CASE APPROVED !!!!!!

September 15, 2006 . . . . Third trip to Phils . . . dragged kicking and screaming to my flight home

September 16, 2006 . . . . NOA2 Received !!!

October 16 . . . . NVC received packet

October 17 . . . NVC forwards packet to Manila

October 23 . . . Manila receives Visa packet

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Filed: Citizen (apr) Country: England
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Technically, yes. You'll get a different answer depending on what the diocese interprets as following canon law, though, so the only person who can answer this is the priest that will marry you.

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Filed: K-1 Visa Country: Philippines
Timeline
Ok, here is the situation - to which I've already now heard several conflicting opinions. Evelyn, my fiance', is still in the Philippines, and very much Catholic. Which I think is great, although I am not Catholic. Naturally, she wants a church wedding in Phils, with family and friends. Sounds wonderful to me. But, I am divorced (here in US) 6 years now. Both my exwife, and myself were raised Catholic, but do not consider ourselves Catholic now or when we married, and were not married in the Catholic Church or by a Priest. My question is, do I need to obtain an annullment from the Catholic Church for my previous marriage before the Catholic Church in Phils will marry us? My Catholic friends here in the states say yes, and they also say this is a nightmare of a process. Thanks for any help.

If you have been married in a Catholic Church, then you need to get a church annulment, in addition to the civl annulment granted by the courts. The petition for nullity of marriage in the Catholic Church normally takes years to get to final approval as there is a series of affidavits, hearings, and witnesses to present.

But if you were not married in a Catholic Church and you Filipina fiancee has never been married in a Catholic Church, then there should be no impediment to a Catholic Church wedding.

Hope to have been of help.

Maria

K-1 & K-2s TIMELINE_____

* met May-05, Maria & sons Manila, Philippines - Richard & daughters Toledo, Ohio

* Richard move to WI Sept-05, exchange extended visits Oct, Nov & Dec (05) & Feb (06)

* K-1&2s on file @ NSC 3-6-06, case xfer to CSC 6-1-06

* touches 6-2&3&14&15&17, RFE (IMBRA) CSC letter sent 6-23-06, touches 7-3&5

* RFE express return to/@ CSC 7-14-06, more touches 7-24&25, 9-5&6, NOA2 email notice rcvd 9-6

* visit Philippines & China Sept-2006, again see Maria & more extended family

* NVC assigns Embassy Case# 10-6; 10-12 letter rcvd 10-16 (sent 10-12) NVC receipt of I-129f

* rcvd letter 10-31 Embassy has paperwork, phone & embassy website 12-13 shows 2-13-07 interview

* Pgk 4 rcvd 12-21, St. Lukes Extension exams/vaccinations 1-10&11

* Manila interview 2-13; Delbros text message to Maria 2-6 - visas rcvd 2-19

AOS & EAD TIMELINE______

* P.O.E. Minneapolis & reunited in Milwaukee airport 3-4

* wedding 3-10 Plover, WI, applied for Maria's SSN 3-28 @ local office

* I-693A done @ civil surgeon office 4-4, Maria's SS card rcvd 4-16,

* mailed AOS (Chicago) & EAD (Nebraska) paperwork 4-21

* rcvd USCIS receipts of paperwork 5-2, posted wedding pics on VJ 5-3

* Maria's AOS biometrics appointment 5-22, son's on 6-5, no update on EAD status yet

* rcvd AOS appointment 5-26, set for 7-9 in Bloomington,MN office

* applied for Maria's WI state ID 6-5 & card rcvd 6-11

* AOS approved @ 7-9 interview, told to expect green cards 5-30 days

* USCIS confirms approved A#s rcvd 7-14, 2 green cards rcd 7-23

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Filed: Citizen (apr) Country: England
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Just as an observation: you have filed for a K1 visa, according to your profile. I assume that you're planning this wedding in the Philippines after your fiancee has come to the US, you've got married, and she has either AP or the green card? If not, you're filing for the wrong kind of visa.

My apologies if you've heard that before, but I'd hate to see Evelyn turned away at the POE for already being married on a K1...

I have no useful information about the Catholic church, sorry!

:star:

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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Filed: K-1 Visa Country: Philippines
Timeline

Maria, we are the second situation . . . I was not married in a Catholic Church and my Filipina fiancee has never been married. Your response is exactly opposite of what I've been told by US Catholics. Maybe this is regional??? I guess next step is check with a priest in Phils . . . or is that where your info comes from?

CM . . . current plan is for Evelyn to come here on the K-1, get married probably in a simple civil ceremony just to get 'er done. Then go back to Phils sometime later for the Church wedding with her family and friends.

October 1, 2005 . . . . Evelyn and I met online

March 8, 2006 . . . . Traveled to Phils for first face-2-face . . . Oh, my god! . . . Wow!!!

March 21, 2006 . . . . I-129F Packet Sent

March 30, 2006 . . . . NOA1 Received

May 25, 2006 . . . . Traveled to Phils for Evelyn's June 1st Bday

June 1, 2006 . . . . Application transferred from Lincoln, NE to California

July 5, 2006 . . . . IMBRA-RFE Request Received

July 6, 2006 . . . . IMBRA-RFE Information Sent

July 13, 2006 . . . . IMBRA-RFE Information Received Ack from USCIS

September 11, 2006 . . . . Email from USCIS - CASE APPROVED !!!!!!

September 15, 2006 . . . . Third trip to Phils . . . dragged kicking and screaming to my flight home

September 16, 2006 . . . . NOA2 Received !!!

October 16 . . . . NVC received packet

October 17 . . . NVC forwards packet to Manila

October 23 . . . Manila receives Visa packet

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Filed: Citizen (pnd) Country: England
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Can you just not tell the church people there? How would they know?

Maria, we are the second situation . . . I was not married in a Catholic Church and my Filipina fiancee has never been married. Your response is exactly opposite of what I've been told by US Catholics. Maybe this is regional??? I guess next step is check with a priest in Phils . . . or is that where your info comes from?

CM . . . current plan is for Evelyn to come here on the K-1, get married probably in a simple civil ceremony just to get 'er done. Then go back to Phils sometime later for the Church wedding with her family and friends.

signature here

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Filed: Citizen (apr) Country: England
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Maria, we are the second situation . . . I was not married in a Catholic Church and my Filipina fiancee has never been married. Your response is exactly opposite of what I've been told by US Catholics. Maybe this is regional??? I guess next step is check with a priest in Phils . . . or is that where your info comes from?

CM . . . current plan is for Evelyn to come here on the K-1, get married probably in a simple civil ceremony just to get 'er done. Then go back to Phils sometime later for the Church wedding with her family and friends.

That's just what I wanted to hear!

Good for you for knowing the rules.

:star:

Make sure you're wearing clean knickers. You never know when you'll be run over by a bus.

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I think I posted to something of this nature last week, but maybe it wasn't you? Anyway, if you never got married in the Catholic Church the first time, you don't need an annulment or anything. The Church won't recognize your first marriage if it was civil. If it wasn't you that posted this question earlier, something you will have to consider is that if you do get married in the Catholic Church this time, you'll have to be taking classes. Being a Catholic already, you might just need some refreshers hehe Or even a Marriage Encounter weekend. (I think in Canada, they're actually 3 weekends in total.) Anyway, might nix some plans for a wedding within 90 days if you haven't done this already. I have a friend who got an annulment many years ago, and it took 2 years to get it, and countless monies and "investigations". I lived half the country away from her, and they sent someone out to interview me (and recorded same on a cassette), about the marriage, my impressions etc. She had to provide "witnesses" and I was one.

Good luck in whatever your choose!

Carla (F)

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Filed: K-1 Visa Country: Japan
Timeline

(i am gugu's USC fiance) my mother is a very devoted catholic and her and my father were married in a catholic church. they got divorced but many years later when my mother became a strict catholic she went for an annulment. An annulment is for the church to decide whether their marriage will be teminated in the church's eyes(or accepted by God in other words) In order for her to ever remarry in the church she needed to have this done. It did take her quite awhile to get the annulment granted. If you are NOT married in a catholic church then you DO NOT need to get an annulment for that divorce since the church would not have accepted it as a binding marriage under God. However what the OP said about taking classes that may be required depending on the church. usully if both parties are not regular attendies at the church you are marrying in. Last i knew it was only 3 classes.

Edited by gugu24

ARR.jpgaug06ayeshaB.jpg

Meeting Online: Yahoo chartroom Aug 2001.

Direct meeting & marriage: Dec 2003 USA, NY

I-130 petition in DCFR Tokyo: March 14th 2004. Case reffered to DHS USCIS

Four visits to japan in 2004: Oct 2004, wife got pragnant.

Wife/Fiance left USA and moved into Japan: Feb 5th 2005.

Baby Born: June 24th 2005(Japan)

I-130 denied: July 17 2005(Divorce was declared not valid)

Refiling Divorce: oJuly 17th 2005 NY State.

Divorce granted: Nov 17th 2005

K-1 application: Mar 1st 2006

Approval: May 23rd 2006

US consulate RFE: June 15th 2006

FRE sent (Original passports, birth certificate, all origional docs): July 10th 2006

Medical: Oct 11th 2006.

Interview: Nov 10th 2006(expected)

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Filed: K-1 Visa Country: Philippines
Timeline

A further complication to consider. The Catholic Church DOES recognize certain marriages done in other faiths. I know this because my ex-wife was Lutheran (she was previously married, also to a Richard, so for many years I went by the sometime-handle of "Richard the II") and many years ago she went through the annulment procedure of the Catholic church before we were married. The stateside annulment procedure back then took a few months. My Maria says it is more complicated in the Philippines, where the line between church (read that as Catholic) and state is fuzzy, if not actually tangled. Needless to say, my upcoming marriage will need to be a civil one.

Richard of Richard&Maria

K-1 & K-2s TIMELINE_____

* met May-05, Maria & sons Manila, Philippines - Richard & daughters Toledo, Ohio

* Richard move to WI Sept-05, exchange extended visits Oct, Nov & Dec (05) & Feb (06)

* K-1&2s on file @ NSC 3-6-06, case xfer to CSC 6-1-06

* touches 6-2&3&14&15&17, RFE (IMBRA) CSC letter sent 6-23-06, touches 7-3&5

* RFE express return to/@ CSC 7-14-06, more touches 7-24&25, 9-5&6, NOA2 email notice rcvd 9-6

* visit Philippines & China Sept-2006, again see Maria & more extended family

* NVC assigns Embassy Case# 10-6; 10-12 letter rcvd 10-16 (sent 10-12) NVC receipt of I-129f

* rcvd letter 10-31 Embassy has paperwork, phone & embassy website 12-13 shows 2-13-07 interview

* Pgk 4 rcvd 12-21, St. Lukes Extension exams/vaccinations 1-10&11

* Manila interview 2-13; Delbros text message to Maria 2-6 - visas rcvd 2-19

AOS & EAD TIMELINE______

* P.O.E. Minneapolis & reunited in Milwaukee airport 3-4

* wedding 3-10 Plover, WI, applied for Maria's SSN 3-28 @ local office

* I-693A done @ civil surgeon office 4-4, Maria's SS card rcvd 4-16,

* mailed AOS (Chicago) & EAD (Nebraska) paperwork 4-21

* rcvd USCIS receipts of paperwork 5-2, posted wedding pics on VJ 5-3

* Maria's AOS biometrics appointment 5-22, son's on 6-5, no update on EAD status yet

* rcvd AOS appointment 5-26, set for 7-9 in Bloomington,MN office

* applied for Maria's WI state ID 6-5 & card rcvd 6-11

* AOS approved @ 7-9 interview, told to expect green cards 5-30 days

* USCIS confirms approved A#s rcvd 7-14, 2 green cards rcd 7-23

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I have a friend whose mother is Jewish and was married quite young by a rabbi, and when she divorced, also got a rabbinical annulment.

When she met my friend's father, who is (or was) Catholic, the Catholic church refused to recognize her annulment ... which meant they didn't recognize she'd been married (since it wasn't a Catholic wedding) but did recognize her divorce, but didn't recognize her annulment. She had to get a Catholic annulment. Despite the fact that as far as the Church was concerned, the marriage never really happened.

So, whether you were married in the Catholic church or not, yes, you need a Catholic annulment. Or at least you did in 1977. I suppose things may have changed by now.

Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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Filed: Citizen (apr) Country: Thailand
Timeline
Knowing the Philippines, a sizeable "donation" to the priest and I'm sure you will be OK. LOL

:yes:

K-1 Timeline

11-29-05: Mailed I-129F Petition to CSC

12-06-05: NOA1

03-02-06: NOA2

03-23-06: Interview Date May 16

05-17-06: K-1 Visa Issued

05-20-06: Arrived at POE, Honolulu

07-17-06: Married

AOS Timeline

08-14-06: Mailed I-485 to Chicago

08-24-06: NOA for I-485

09-08-06: Biometrics Appointment

09-25-06: I-485 transferred to CSC

09-28-06: I-485 received at CSC

10-18-06: AOS Approved

10-21-06: Approval notice mailed

10-23-06: Received "Welcome Letter"

10-27-06: Received 2 yr Green Card

I-751 Timeline

07-21-08: Mailed I-751 to VSC

07-25-08: NOA for I-751

08-27-08: Biometrics Appointment

02-25-09: I-751 transferred to CSC

04-17-09: I-751 Approved

06-22-09: Received 10 yr Green Card

N-400 Timeline

07-20-09: Mailed N-400 to Lewisville, TX

07-23-09: NOA for N-400

08-14-09: Biometrics Appointment

09-08-09: Interview Date Oct 07

10-30-09: Oath Ceremony

11-20-09: Received Passport!!!

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