annulment and divorce

[jv10 0]

hi! my girlfriend is a us citizen. on her citizenship certificate, her status is "married". she's been separated for 10 years now. her annulment is on process and will be done within this month. since she is a us citizen now, does she need to file a divorce? when she filed her annulment, she's still an immigrant. thanks!

[Cybele 0]

hi! my girlfriend is a us citizen. on her citizenship certificate, her status is "married". she's been separated for 10 years now. her annulment is on process and will be done within this month. since she is a us citizen now, does she need to file a divorce? when she filed her annulment, she's still an immigrant. thanks!

In an annulment, the court determines that a marriage or domestic partnership is not legally valid.

If an annulment is granted then she will not need a divorce. A marriage annulment is a legal procedure for nullifying a marriage, to make it invalid.

Conversely, if the annulment is NOT GRANTED, then a divorce will be your USC girlfriend's next step.

A word of advice, I would wait for more people to comment or get the advice of a lawyer because from what you say, your girlfriend was an immigrant when she married and an immigrant when she started annulment proceedings, I would be concerned that her saying the marriage was INVALID may create problems.

One of the requirements to enter the US on a visa is that 'There exists a valid marriage with a U.S. citizen'.

[Deputy Purple 1,294]

Please fill out your profile so posters will know your country of origin.

Assuming she Filipino then the Annulment will have no effect on her naturalization since the Philippine Government only recognizes annulment between two filipinos.

Now that she is a USC divorce is an option if the Annulment is delayed or denied for any reason as the Philippine Government will recgonize her as single with a divorce now that she is a USC.

[Pinay Wife 47]

Assuming she Filipino then the Annulment will have no effect on her naturalization since the Philippine Government only recognizes annulment between two filipinos.

The Philippine government recognizes annulment between Filipino and a foreign spouse. Just like any other Filipino couple, any one of the spouse (Filipino or foreign) can file a petition for annulment against the other as long as the marriage was solemnized in the Philippines. It won't matter who initiates the petition since Philippine annulment law applies.

Because it is difficult and costly to get an annulment in the Philippines, more often than not, the foreign spouse resorts to filing for divorce in his/her own country to terminate the marriage that is why we rarely see annulments between a Filipino and a foreign spouse. I've only seen this happen between wealthy Filipino-Chinese couples living in the Philippines.

Edited March 8, 2011 by Pinay Wife

[Deputy Purple 1,294]

The Philippine government recognizes annulment between Filipino and a foreign spouse. Just like any other Filipino couple, any one of the spouse (Filipino or foreign) can file a petition for annulment against the other as long as the marriage was solemnized in the Philippines. It won't matter who initiates the petition since Philippine annulment law applies.

Because it is difficult and costly to get an annulment in the Philippines, more often than not, the foreign spouse resorts to filing for divorce in his/her own country to terminate the marriage that is why we rarely see annulments between a Filipino and a foreign spouse. I've only seen this happen between wealthy Filipino-Chinese couples living in the Philippines.

Actually my wording was poor, I meant that between to Philippine citizens the Philippine Government will only recognize annulment.

[Pinay Wife 47]

Actually my wording was poor, I meant that between to two Philippine citizens thePhilippine Government will only recognize annulment.

Assuming she Filipino then the Annulment will have no effect on hernaturalization since the Philippine Government only recognizes annulmentbetween two filipinos.

I am confused. "Two Philippine citizens" and "two Filipinos" are the same.

To reiterate, a Philippine court has jurisdiction over a marriage solemnized in the Philippines between its citizen and a foreigner or "former Filipino" hence it will recognize an annulment between the citizen and a foreigner (or former Filipino).

Edited March 13, 2011 by Pinay Wife

[Deputy Purple 1,294]

I am confused. "Two Philippine citizens" and "two Filipinos" are the same.

To reiterate, a Philippine court has jurisdiction over a marriage solemnized in the Philippines between its citizen and a foreigner or "former Filipino" hence it will recognize an annulment between the citizen and a foreigner (or former Filipino).

Yes they are but the context was rearranged to make the statement correct (except for the missing "w" in two.

My first wording could be taken as meaning that the Ph gov't would only recognize annulment between two Philippine Citizens (Filipinos) which is not the case.

My rewording was to state that between two Philippine Citizens the PH gov't would only recognize annulment thereby excluding foreign divorce. I never intended to say that annulment between a foreigner and Filipino wouldn't be recognized by the PH gov't, only that divorce between two Filipinos wouldn't be.

Edited March 14, 2011 by Bob 4 Anna

[jv10 0]

Thank you so much for the reply. We are now waiting for the release of her annulment certificate on September 8. She has started to prepare the requirements for I 129f. She is concerned about the proof of having met within 2 years and the proof of on going relationship. How much is too much and how much is not enough? About how many pictures, emails, letters, cards, skype calls does she need to send? Our mails/emails are written in our dialect, capampangan, do we need to translate them in english? Then question 18, we need an advice on how to answer it. She just got back there in the US to visit me and her family here in the Philippines... By the way, the ex husband is also a Filipino.