I need some help here!

[SirLancelot 1]

PH laws don't matter if the ultimate residence is in the US.

If the eventual goal is to live in the PH then they better obide by PH laws. But if the goal is to bring the PH woman over to the US and live in the US, it doesn't matter what PH laws are. It only matters as to what marriage/divorce laws are of the state you'll be residing in. Anyone did a research on NV? Do they have a 6 month period residency period? If not, move to NV and file promptly. But you can't do it on a tourist visa. You have to be on a working or stufdent visa where you can establish residency. On a toursit visa, you can't establis residency.

This plan is hard to implement as it's very tough to get the PH woman out of the country and into the US. She has to get here to file for divorce and it can't be on a tourist visa. So she has to have a job first or get a school to accept her first, before she can do this. Perhaps if she's found a job or enrolled in school here, that she may not even want a divorce. She'll be quite happy going to school and making money for herself.

[Mew 0]

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?

According to international laws, it can be done. What happens is that they'd either follow the laws and regulations from Philippines to issue the divorcee decree (or anullment) or would use the laws in the country where the legal action is required. Each country has its own rules about having legal work done - some issues will necessarily be decided according to the laws from the foreign country, others according to the laws of the country where the legal action is taking place. Since I'm not a lawyer in the U.S. I don't know how they'd actually do it. Also, I'd imagine that the decree would have to be legalized in the Philippines somehow, even if by some consular action.

I'm only telling this from what I know about international law as taught in Law School in Brazil. So... this is by no means advice. You'd have to contact a lawyer in the U.S.

[john_and_marlene 162]

http://cebuattorney.blogspot.com/2005_05_0...ey_archive.html

Divorce secured by the Filipino in a foreign country is void because as a Filipino, he/she is governed by his/her national law.

Laws relating to family rights and duties or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Filipinos living abroad is advised not to secure divorce in other countries because it is not binding here in the Philippines.

The law implies that Filipinos living abroad should file their Petition for annulment or nullity of marriage here in the Philippines, because it is only the decree or judgment of the Philippine Court that is binding between Filipino spouses.

[john_and_marlene 162]

PH laws don't matter if the ultimate residence is in the US.

If the eventual goal is to live in the PH then they better obide by PH laws. But if the goal is to bring the PH woman over to the US and live in the US, it doesn't matter what PH laws are. It only matters as to what marriage/divorce laws are of the state you'll be residing in. Anyone did a research on NV? Do they have a 6 month period residency period? If not, move to NV and file promptly. But you can't do it on a tourist visa. You have to be on a working or stufdent visa where you can establish residency. On a toursit visa, you can't establis residency.

This plan is hard to implement as it's very tough to get the PH woman out of the country and into the US. She has to get here to file for divorce and it can't be on a tourist visa. So she has to have a job first or get a school to accept her first, before she can do this. Perhaps if she's found a job or enrolled in school here, that she may not even want a divorce. She'll be quite happy going to school and making money for herself.

You should be very careful about dispensing legal advise.

http://www.gtalawphil.com/Philippine%20Ann...101_divorce.htm

Q. I am a former Filipino citizen. I got married, also to a Filipino Citizen, in a church wedding in Manila on April 09, 1995. I migrated to the United States sometime in October 1996. I became a naturalized American citizen in 2004. I divorced my Filipina wife after I became a U.S. citizen. Do I still need to file a Petition for Annulment of Marriage before Philippine Courts?

GTALAW: No. There is no need to file the Petition. The Divorce that you obtained in America was valid and recognized in Philippine jurisdiction. This is so because you are no longer a Filipino citizen when the Divorce Decree was issued. This issue was already settled by the Supreme Court in LLORENTE versus Court of Appeals G.R. No. 124371. November 23, 2000. This will also entitle your ex-wife to marry again.

Q: What if my ex-wife, who is a Filipina, was the one who a obtained a Divorce before American Courts. Is the Divorce valid? Is she entitled to remarry under Philippine Law?

GTALAW: No. The Divorce obtained by your Filipina wife is not valid. She is not entitled to remarry because the Divorce which was obtained by her before American Courts is not recognized under Philippine Law. As a Filipino citizen, the Family Code of the Philippines should be followed on how her marriage will be dissolved.

Q: My husband is a legal permanent resident in California U.S.A. Just

recently, he obtained a Divorce in America. Is the Divorce valid under Philippine Law?

GTALAW: No. The Divorce is not valid under Philippine Law. Your husband is still a Filipino citizen even though he has a legal permanent status in the U.S. As a Filipino citizen, the Family Code of the Philippines should be followed on how your marriage will be dissolved.

[john_and_marlene 162]

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?

According to international laws, it can be done. What happens is that they'd either follow the laws and regulations from Philippines to issue the divorcee decree (or anullment) or would use the laws in the country where the legal action is required. Each country has its own rules about having legal work done - some issues will necessarily be decided according to the laws from the foreign country, others according to the laws of the country where the legal action is taking place. Since I'm not a lawyer in the U.S. I don't know how they'd actually do it. Also, I'd imagine that the decree would have to be legalized in the Philippines somehow, even if by some consular action.

I'm only telling this from what I know about international law as taught in Law School in Brazil. So... this is by no means advice. You'd have to contact a lawyer in the U.S.

For a U.S. court to assume jurisdiction over a marriage from another country, they would first have to apply the principles of comity (you can google it). Since the Philippines does not allow divorce, the rules of comity would indicate that the U.S. court could not properly take jurisdiction and grant a divorce. If they did grant a divorce, it's validity could easily be challenged.

[Mew 0]

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?

According to international laws, it can be done. What happens is that they'd either follow the laws and regulations from Philippines to issue the divorcee decree (or anullment) or would use the laws in the country where the legal action is required. Each country has its own rules about having legal work done - some issues will necessarily be decided according to the laws from the foreign country, others according to the laws of the country where the legal action is taking place. Since I'm not a lawyer in the U.S. I don't know how they'd actually do it. Also, I'd imagine that the decree would have to be legalized in the Philippines somehow, even if by some consular action.

I'm only telling this from what I know about international law as taught in Law School in Brazil. So... this is by no means advice. You'd have to contact a lawyer in the U.S.

For a U.S. court to assume jurisdiction over a marriage from another country, they would first have to apply the principles of comity (you can google it). Since the Philippines does not allow divorce, the rules of comity would indicate that the U.S. court could not properly take jurisdiction and grant a divorce. If they did grant a divorce, it's validity could easily be challenged.

I used the term 'divorce' loosely, as I don't know the first thing about laws in the Philippines and have only addressed the question in broad terms according to the notions of international law I've had. So, thank you for clarifying that!