My Marrrige my not be legal

[dano7 0]

I hope it is OK to poast this question here. I married a Filipino women in 2006. We married in the Philippines and brought her to the U S. in 2007. However I was married to a prior Filipino women in 2004 in the Philippines also and obtained a divorce in 2005 in the state of Nevada. I never did bring her to the U S. The problem is: I never obtained the confirmation of the U S divorce from the Philippine court as required to do so by Philippine law. I just did not think it necessary and I was still able to get a marriage license in the Philippines for my 2nd marriage. From what I was told recently, it was an oversight and I should have not have been given it. Now it seems that my first wife for some reason is angry and notified ICE. She sent a copy of the Civil register and it shows me married to two women in 2005. My first wife did however obtain this confirmation as she remarried last year, but it is after the fact as far as I am concerned. So technically am I in violation of something with ICE? My 2nd marriage it seems is not legal in the Philippines where we married and at that time and I am a bigamist. My wife has been here in the U S for over 5 years now. Can I be in trouble?

[JimVaPhuong 4,863]

I hope it is OK to poast this question here. I married a Filipino women in 2006. We married in the Philippines and brought her to the U S. in 2007. However I was married to a prior Filipino women in 2004 in the Philippines also and obtained a divorce in 2005 in the state of Nevada. I never did bring her to the U S. The problem is: I never obtained the confirmation of the U S divorce from the Philippine court as required to do so by Philippine law. I just did not think it necessary and I was still able to get a marriage license in the Philippines for my 2nd marriage. From what I was told recently, it was an oversight and I should have not have been given it. Now it seems that my first wife for some reason is angry and notified ICE. She sent a copy of the Civil register and it shows me married to two women in 2005. My first wife did however obtain this confirmation as she remarried last year, but it is after the fact as far as I am concerned. So technically am I in violation of something with ICE? My 2nd marriage it seems is not legal in the Philippines where we married and at that time and I am a bigamist. My wife has been here in the U S for over 5 years now. Can I be in trouble?

A US citizen is not required to have a foreign divorce judicially recognized in the Philippines. There are MANY US citizens who have married, divorced, and then married in the Philippines without any problems. The requirement to have a foreign divorce judicially recognized in the Philippines applies to citizens of the Philippines. Your ex-wife can't remarry until she gets your divorce judicially recognized, but this doesn't affect you. Your divorce was legal. You were free to marry.

I think your second marriage is legal.

[Dan and Judy 614]

This is confusing, it says you married your current "wife" in 2006. But it also says you were married to 2 women in 2005

[dano7 0]

This is confusing, it says you married your current "wife" in 2006. But it also says you were married to 2 women in 2005

Sorry my mistake. What I meant was, I was considered married to two women at one time when I married the 2md wife

[dano7 0]

Thank you for your answer, but I recently contacted the NSO office in the Philippines and they said since I married the 2nd time in the Philippines they do not consider my 2nd marriage legal, because I never got the confirmation and they also told me the foreigner does need the confirmation. They further explained, even though it is true that only the Filipina can file for this recognition, it still must be obtained because the Philippine legal system must recognize the foreign divorce. If I was to have brought my 2nd wife to the U S to marry, there would have been no problem but I married her in Manila.

[LiveLaughLove 2]

Was your divorce to your first wife final....prior to you marrying your second wife? And do you have the final divorce decree as proof?

[myohmy 2]

Yes, it is true you must petition the court to have your foreign divorce judicially recognized in the philippines. It would not matter if God signed your divorce decree, it MUST BE recognized. If you have two marriages on the civil register than you are considered married to two women. The U.S. can not say your marriage that was performed in the Philippines is legal when the Philippine legal system says it is not! This is common sense. If you married the 2nd women in the U S, you would have been home free. Many people do not understand this requirement.

[dano7 0]

Was your divorce to your first wife final....prior to you marrying your second wife? And do you have the final divorce decree as proof?

Yes, it was final and I have the divorce decree. However, I called two family law lawyers in Manila as well as the family court there and they told me my divorce decree must be recognized by the Philippine court or it means nothing. They considered me to be married to the first wife when I married to 2nd. They further explained that the first marriage had to be dissolved and taken off the civil register. This women told me, foreign judgements must be registered and signed off by a judge in order for me to marry again in that country. Well, it does make senses I guess so what do I do now?

[bigdog 376]

I hope it is OK to poast this question here. I married a Filipino women in 2006. We married in the Philippines and brought her to the U S. in 2007. However I was married to a prior Filipino women in 2004 in the Philippines also and obtained a divorce in 2005 in the state of Nevada. I never did bring her to the U S. The problem is: I never obtained the confirmation of the U S divorce from the Philippine court as required to do so by Philippine law. I just did not think it necessary and I was still able to get a marriage license in the Philippines for my 2nd marriage. From what I was told recently, it was an oversight and I should have not have been given it. Now it seems that my first wife for some reason is angry and notified ICE. She sent a copy of the Civil register and it shows me married to two women in 2005. My first wife did however obtain this confirmation as she remarried last year, but it is after the fact as far as I am concerned. So technically am I in violation of something with ICE? My 2nd marriage it seems is not legal in the Philippines where we married and at that time and I am a bigamist. My wife has been here in the U S for over 5 years now. Can I be in trouble?

[bigdog 376]

Have a copy of your divorce decree, contact Manila get a copy of your marriage certificate etc. with both of those documents you are good to go in my opinion, you might want to see an immigration attorney. ICE I am sure has seen this before, just cover your self.

[myohmy 2]

Dano7,

Read this post of mine carefully:

If I understand your posting correctly, you married both times in the Philippines and you are concerned about having committing bigamy in the Philippines, not in the U. S. You state that you were divorced in the state of Nevada and it is true that the Philippines will recognize a divorce between a Filipino and a foreigner if obtained abroad. However, that divorce must be recognized by the Philippine court in order for your marriage to be dissolved under Philippine law and removed from the Civil Register with the NSO. The document you need is the Confirmation and Recognition of a foreign Divorce Decree as per Family Code of the Philippines.

The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner.

There may be some confusion as to this requirement as only the Filipina may file for this to remarry, but it must be issued for either party to remarry in the Philippines. Your 2nd marriage may be void or certainly voidable. If indeed you have two marriages on the civil register, that how can you possibly be married to two different women. Your Nevada divorce decree also should have been authenticated by the Philippine Consulate or embassy in the U S as to attest to its authenticity as required by Philippine law.. Your concern is: is your 2nd marriage legal under Philippine law and if it is not, that you entered the U S with a marriage that may not be a legitimate marriage? Although it will take a Philippine Judge to issue a ruling that indeed your marriage to wife number two is not legal, you may still have problems with ice especially if wife number one is pursuing this avenue. To make this simple, your divorce from wife number one obtained in Nevada is recognized and legal under that states laws, but that divorce has not been recognized by the Philippine Court so therefore you 2nd marriage may be bigamist and fraudulent. If you married wife number two in the U S, than you would have no problem there, although you still could be charged in the Philippines if you ever went there again.

I will refer you to http://www.lawphil.net/judjuris/juri2010/aug2010/gr_186571_2010.html Please read this as it is concerning a Canadian who was married to a Filipina in the Philippines, divorced her in Canada and than wished to marry another Filipina in the Philippines again. This Canadian was unable to obtain the Confirmation and Recognition of a foreign Divorce Decree on his own and indeed it was his first wife who had to so this. The question of whether he needed this confirmation or not is a mute point as the Philippine Supreme court attested to the need of this confirmation by hearing the argument in the first place as to pertaining to the Canadian man trying to obtain this confirmation on his own.

I am sure there are many instances of foreigners in your same circumstances skating right through this kind of entanglement without any consequences, but you perhaps will not. You are on the civil register with NSO being married to two women at one time and they will not remove you unless you have the confirmation. I also believe that NOW, a foreigner is allowed to obtain this on his own.

Miser is online now Report Post Edit/Delete Message

[bestofboston 36]

Get married again in the USA to second wife and that will make it legal here in the USA where it matters. I am surprised that the local town government did not ask you if you had previously been married to a Filipino.

They asked me when applying for wedding license.

Edited August 18, 2011 by bestofboston

[JimVaPhuong 4,863]

Yes, it is true you must petition the court to have your foreign divorce judicially recognized in the philippines. It would not matter if God signed your divorce decree, it MUST BE recognized. If you have two marriages on the civil register than you are considered married to two women. The U.S. can not say your marriage that was performed in the Philippines is legal when the Philippine legal system says it is not! This is common sense. If you married the 2nd women in the U S, you would have been home free. Many people do not understand this requirement.

I concede. You are correct.

[Dan and Judy 614]

I would say the marriage to the second wife is void since, lacking the recognition of the Philippines of your divorce, you did not have the capacity to marry.

The basis of her immigration was her marriage to you.

The immigration people would probabably have the option of deporting her if they decided that was what they wanted to do.

Their attitude would be greatly influenced by exactly how you managed to get married the second time. I would think if the paper work was done properly

someone would have noticed that your first marriage in PI was still in force.

http://www.ilw.com/articles/2003,0425-Shusterman.shtm

The link above is about someone getting a waiver in somewhat different circumstances but it shows that deportation is not automatic

Hell hath no fury like a woman scorned.

You need to talk to an immigration lawyer.

there is the possibility that your ex did notify anybody and is just trying to torment you

either way she has succeded