I need some help here!

[gugu24 0]

Very interesting read.

This has me thinking. A person married in PH can divorce elsewhere. PH law doesn't supercede US law when in the US.

So.... if somehow the PH citizen could find a way to enter the US--and of course this is very difficult to do--then he/she could divorce in the US. Say you got a work visa to the US. That person comes to the US to work. After a while, s/he decides to divorce. S/he would file for divorce in the state court of his or her residence in the US. That would circumvent all the anti-divorce laws of PH.

What do you all think? Is this doable?

No, the marriage contract was made in the Philippines so *if* you could get a divorce in the US,

it would not be recognized in the PI. Divorce is illegal in the PI, annulment is the best that can be hoped for.

The divorce would be illegal for Phil only. But that person can marry anywhere in the world except Phil. Remmember divorce is a civil law. Each place has different laws for a divorce. If the divroce is granted by a court then no one can challenge that divorce except your spouse.

[SirLancelot 1]

No, the marriage contract was made in the Philippines so *if* you could get a divorce in the US,

it would not be recognized in the PI. Divorce is illegal in the PI, annulment is the best that can be hoped for.

The divorce would be illegal for Phil only. But that person can marry anywhere in the world except Phil. Remmember divorce is a civil law. Each place has different laws for a divorce. If the divroce is granted by a court then no one can challenge that divorce except your spouse.

Yes, I know PH will not accept a divorce decree from the US as PH has it in their constitution that you can't get a divorce, but it's completely legal in the US. We are basically concerned with marriage in the US. I think one route for a US petitioner to look into is to find a way for their PH SO to get to the US, even if still married. Then once in the US, the PH citizen can file a divorce here. But I don't think it's doable on a visitor visa. The PH citizen will have to be here residing somewhere, either on a work or student visa.

[gugu24 0]

Yes, I know PH will not accept a divorce decree from the US as PH has it in their constitution that you can't get a divorce, but it's completely legal in the US. We are basically concerned with marriage in the US. I think one route for a US petitioner to look into is to find a way for their PH SO to get to the US, even if still married. Then once in the US, the PH citizen can file a divorce here. But I don't think it's doable on a visitor visa. The PH citizen will have to be here residing somewhere, either on a work or student visa.

Yea. He/she needs a residanceship for divorce. Well she can file a divorce in any other country of the world by following the rules and regulations of that country and she can get a divorce.

[SirLancelot 1]

Yea. He/she needs a residanceship for divorce. Well she can file a divorce in any other country of the world by following the rules and regulations of that country and she can get a divorce.

Yes, but I suspect US divorce laws are quite liberal and generous. It's pretty easy to get divorce in the US--same with getting married in the US. There aren't a lot of requirements and you can freely move to whichever state and file for divorce from that state. Sometimes I think it's too generous.

[Sickthing 0]

Very interesting read.

This has me thinking. A person married in PH can divorce elsewhere. PH law doesn't supercede US law when in the US.

So.... if somehow the PH citizen could find a way to enter the US--and of course this is very difficult to do--then he/she could divorce in the US. Say you got a work visa to the US. That person comes to the US to work. After a while, s/he decides to divorce. S/he would file for divorce in the state court of his or her residence in the US. That would circumvent all the anti-divorce laws of PH.

What do you all think? Is this doable?

No, the marriage contract was made in the Philippines so *if* you could get a divorce in the US,

it would not be recognized in the PI. Divorce is illegal in the PI, annulment is the best that can be hoped for.

Hi, I am the friend that MrsMcknight was speaking of and I've found my sweetheart in PH. GRRRR Since she is married. This was the plan i was hoping to take, have her come as a tourist and get a divorce here. Would it matter if the divorce was not legal in the PI? Are you sure. Suppose after she got here, she decided not to go home as planned from her RT ticket. She got married after her divorce was final. She couldn't work But she wouldn't be in the PI, she would be in the US and that divorce is legal. Now I'm guessing if she ever went home and tried to renter the use that would be a problem.

I'm concerned about her reasons for seeking an annulment, he may have some paranoia going on, causing him to be very controlling and making her life miserable. I guess an attorney there talking to her could come up with something better but that's all I've been able to get out of her. Clearly I need to go see an Immigration attorney. And a good one. My health is not that great and as every-one's sweetheart is, this lady is really precious to me. Anyway, if she's here rather than PI does it matter if it's legal there?

Oh and hello everyone, this is my first post. I married a Scott using the same methods a while back. She came in through Canada, didn't even need a visa or passport but it has been less than 10 years. I believe that's how long that sponsor ship form is? Is that going to make any difference? Do they really enforce that, were if they collect public assistance they'll go after the sponsor to make him pay? Kind of raw subject for m but I need to know.

[Alanlvsjudy 0]

Very interesting read.

This has me thinking. A person married in PH can divorce elsewhere. PH law doesn't supercede US law when in the US.

So.... if somehow the PH citizen could find a way to enter the US--and of course this is very difficult to do--then he/she could divorce in the US. Say you got a work visa to the US. That person comes to the US to work. After a while, s/he decides to divorce. S/he would file for divorce in the state court of his or her residence in the US. That would circumvent all the anti-divorce laws of PH.

What do you all think? Is this doable?

No, the marriage contract was made in the Philippines so *if* you could get a divorce in the US,

it would not be recognized in the PI. Divorce is illegal in the PI, annulment is the best that can be hoped for.

Hi, I am the friend that MrsMcknight was speaking of and I've found my sweetheart in PH. GRRRR Since she is married. This was the plan i was hoping to take, have her come as a tourist and get a divorce here. Would it matter if the divorce was not legal in the PI? Are you sure. Suppose after she got here, she decided not to go home as planned from her RT ticket. She got married after her divorce was final. She couldn't work But she wouldn't be in the PI, she would be in the US and that divorce is legal. Now I'm guessing if she ever went home and tried to renter the use that would be a problem.

I'm concerned about her reasons for seeking an annulment, he may have some paranoia going on, causing him to be very controlling and making her life miserable. I guess an attorney there talking to her could come up with something better but that's all I've been able to get out of her. Clearly I need to go see an Immigration attorney. And a good one. My health is not that great and as every-one's sweetheart is, this lady is really precious to me. Anyway, if she's here rather than PI does it matter if it's legal there?

Oh and hello everyone, this is my first post. I married a Scott using the same methods a while back. She came in through Canada, didn't even need a visa or passport but it has been less than 10 years. I believe that's how long that sponsor ship form is? Is that going to make any difference? Do they really enforce that, were if they collect public assistance they'll go after the sponsor to make him pay? Kind of raw subject for m but I need to know.

I'm not a Lawyer and I just dont know to be sure, but I do know that most filipinas have about as good of a chance finding the Holy Grail as they do getting a tourist visa. I would suggest you check with an attorney.

Also what youre asking for basically is information on how to commit visa fraud, No one here will give you this information... Best of Luck

[kismet 0]

Yea. He/she needs a residanceship for divorce. Well she can file a divorce in any other country of the world by following the rules and regulations of that country and she can get a divorce.

Yes, but I suspect US divorce laws are quite liberal and generous. It's pretty easy to get divorce in the US--same with getting married in the US. There aren't a lot of requirements and you can freely move to whichever state and file for divorce from that state. Sometimes I think it's too generous.

Can that really be done? Can the US or any country for that matter issue a divorce decree for a marriage that was not officiated in that country, not within their jurisprudence? When going through the immigration process "after marriage, after divorce" in the US, will the USCIS/DoS recognize the US Divorce of a Philippine Marriage as legal and binding?

[gugu24 0]

Every state has a different divorce stanards but each state does need a legal residance. since your GF wont be a legal more than a month of stay as she cant stay probably more than that so she wont be able to file a divorce.

there are minimum residance requirments for each state which you can see on the websites. for example, in NY you need six months residance before you file for a divorce.

[Alanlvsjudy 0]

Yea. He/she needs a residanceship for divorce. Well she can file a divorce in any other country of the world by following the rules and regulations of that country and she can get a divorce.

Yes, but I suspect US divorce laws are quite liberal and generous. It's pretty easy to get divorce in the US--same with getting married in the US. There aren't a lot of requirements and you can freely move to whichever state and file for divorce from that state. Sometimes I think it's too generous.

Can that really be done? Can the US or any country for that matter issue a divorce decree for a marriage that was not officiated in that country, not within their jurisprudence? When going through the immigration process "after marriage, after divorce" in the US, will the USCIS/DoS recognize the US Divorce of a Philippine Marriage as legal and binding?

Im kinda with you kismet it does not seem like they could, but as I said in my earlier post I just dont know to be sure...

[kismet 0]

Very interesting read.

This has me thinking. A person married in PH can divorce elsewhere. PH law doesn't supercede US law when in the US.

So.... if somehow the PH citizen could find a way to enter the US--and of course this is very difficult to do--then he/she could divorce in the US. Say you got a work visa to the US. That person comes to the US to work. After a while, s/he decides to divorce. S/he would file for divorce in the state court of his or her residence in the US. That would circumvent all the anti-divorce laws of PH.

What do you all think? Is this doable?

No, the marriage contract was made in the Philippines so *if* you could get a divorce in the US,

it would not be recognized in the PI. Divorce is illegal in the PI, annulment is the best that can be hoped for.

Hi, I am the friend that MrsMcknight was speaking of and I've found my sweetheart in PH. GRRRR Since she is married. This was the plan i was hoping to take, have her come as a tourist and get a divorce here. Would it matter if the divorce was not legal in the PI? Are you sure. Suppose after she got here, she decided not to go home as planned from her RT ticket. She got married after her divorce was final. She couldn't work But she wouldn't be in the PI, she would be in the US and that divorce is legal. Now I'm guessing if she ever went home and tried to renter the use that would be a problem.

I'm concerned about her reasons for seeking an annulment, he may have some paranoia going on, causing him to be very controlling and making her life miserable. I guess an attorney there talking to her could come up with something better but that's all I've been able to get out of her. Clearly I need to go see an Immigration attorney. And a good one. My health is not that great and as every-one's sweetheart is, this lady is really precious to me. Anyway, if she's here rather than PI does it matter if it's legal there?

Oh and hello everyone, this is my first post. I married a Scott using the same methods a while back. She came in through Canada, didn't even need a visa or passport but it has been less than 10 years. I believe that's how long that sponsor ship form is? Is that going to make any difference? Do they really enforce that, were if they collect public assistance they'll go after the sponsor to make him pay? Kind of raw subject for m but I need to know.

I'm not a Lawyer and I just dont know to be sure, but I do know that most filipinas have about as good of a chance finding the Holy Grail as they do getting a tourist visa. I would suggest you check with an attorney.

Also what youre asking for basically is information on how to commit visa fraud, No one here will give you this information... Best of Luck

Circumventing the law is never a good thing.. and the legal way is always the best way.

Just my thoughts.

Gen

[gugu24 0]

Yes. US court can interfere the marriage contract which was done outside of USA provided the plantiff is residing in USA or has a legal address in USA. We have been through the exact same situation so atleast I am sure US court can grant a divorce to any legal residant of that state.

[john_and_marlene 162]

Yea. He/she needs a residanceship for divorce. Well she can file a divorce in any other country of the world by following the rules and regulations of that country and she can get a divorce.

Yes, but I suspect US divorce laws are quite liberal and generous. It's pretty easy to get divorce in the US--same with getting married in the US. There aren't a lot of requirements and you can freely move to whichever state and file for divorce from that state. Sometimes I think it's too generous.

She can get divorced in another country, but it won't be recognized by the Philippines. For the K1, she needs to be free to marry according to the laws of both the U.S. and her home country. In this case, she would not be free to marry following a foreign divorce. There is an exception to the law that recognizes a foreign divorce if the Philippine citizen is married to a foreigner and it is the foreign spouse that files for the divorce. If that is the case, the divorce is recognized. However, even if the marriage was to a foreign spouse, a divorce is never recognized if the Philippine citizen files for the divorce--it has to be initiated by the non-Philippine spouse.

[kismet 0]

Yes. US court can interfere the marriage contract which was done outside of USA provided the plantiff is residing in USA or has a legal address in USA. We have been through the exact same situation so atleast I am sure US court can grant a divorce to any legal residant of that state.

Thanks gugu. And by "legal resident", would that mean CPR? LPR? USC? and not on a tourist visa, right? I'm just wondering if it is at all possible for a Filipino citizen who have never been to the US before and just stays there for say, 6 months to fulfill the residency requirement.

This if for sickthing if he is mulling over the possibility of doing this.

Hope you can get started with the K1 process soon and have your love with beside you. And hope you get well soon!

Gen

Yes. US court can interfere the marriage contract which was done outside of USA provided the plantiff is residing in USA or has a legal address in USA. We have been through the exact same situation so atleast I am sure US court can grant a divorce to any legal residant of that state.

Thanks gugu. And by "legal resident", would that mean CPR? LPR? USC? and not on a tourist visa, right? I'm just wondering if it is at all possible for a Filipino citizen who have never been to the US before and just stays there for say, 6 months to fulfill the residency requirement.

This if for sickthing if he is mulling over the possibility of doing this.

Hope you can get started with the K1 process soon and have your love with beside you. And hope you get well soon!

Gen

[john_and_marlene 162]

Yes. US court can interfere the marriage contract which was done outside of USA provided the plantiff is residing in USA or has a legal address in USA. We have been through the exact same situation so atleast I am sure US court can grant a divorce to any legal residant of that state.

Thanks gugu. And by "legal resident", would that mean CPR? LPR? USC? and not on a tourist visa, right? I'm just wondering if it is at all possible for a Filipino citizen who have never been to the US before and just stays there for say, 6 months to fulfill the residency requirement.

This if for sickthing if he is mulling over the possibility of doing this.

Hope you can get started with the K1 process soon and have your love with beside you. And hope you get well soon!

Gen

Yes. US court can interfere the marriage contract which was done outside of USA provided the plantiff is residing in USA or has a legal address in USA. We have been through the exact same situation so atleast I am sure US court can grant a divorce to any legal residant of that state.

Thanks gugu. And by "legal resident", would that mean CPR? LPR? USC? and not on a tourist visa, right? I'm just wondering if it is at all possible for a Filipino citizen who have never been to the US before and just stays there for say, 6 months to fulfill the residency requirement.

This if for sickthing if he is mulling over the possibility of doing this.

Hope you can get started with the K1 process soon and have your love with beside you. And hope you get well soon!

Gen

Be careful of gugu's advice as it is not taking into account the Philippine law. Her situation CANNOT be the same as she is not from the Philippines. It does make a difference.

Edited September 11, 2006 by john_and_marlene

[gugu24 0]

Ok one important thing in here. If a fiance is already in USA and if she is legal residant then the marriage law would be applied of that state. If she is back to Phi then she might face some problem if the divorce is accepted in Phil. Rest every person has different situation. My fiance has US residant and the divorce was done in USA so she is free to marry. But the best thing is to conult an attorney.