Any USC petitioners here married to a filipina before in the Philippines?

[TeddyHoney 42]

Just wondering if any USC here has ever been married to a Filipina before and married her in the Philippines, brought her here on Family Based Immediate Relative VISA (what they used to call it when I did it) and has since divorced here in the US and has since successfully petitions for Filipina Fiancee K-1 VISA? I'm asking because I did this and based on some recent posts I just got a little unnerved and worried about my previous marriage on record in the Philippines and any possible problems that may cause my Fiancee at her CFO semimar or VISA interview or getting VISA issued or even for AOS later. I have a certified copy of my divorce decree ready for her for the interview. I know I am free to marry here in the US.

Here is my situation exactly:

- Years ago married a Filipina in the Philippines (Traditional Church wedding and also filed with Civil Registrar) Remember jumping through many hoops just to get license and then more hoops to get married there!)

- She filed for divorce many years later here in the US. Divorced finalized and I have certified copies of decree.

- I petitioned for current Filipina Fiancee on K-1 and I-129f approved and we are waiting medical exam and interview and CFO seminar, etc.

Just want to know first if any USC petitioners here have ever married a filipina before in the Phils and then divorced here in the US and petitioned for Filipina Fiancee on K-1 and been successful getting the K-1 VISA for her? How did the USEM and CFO view your previous marriage to first wife in the Philippines? Did they even know? Did you have to annull the marriage in the Philippines? Did you have to do anything? Was it non-issue? Should I be concerned?

I've searched previous posts and can't seem t find any others. Not saying there aren't any, just not that I've been able to find.

Thanks!

[Tahoma 2,292]

There have been other VJers in your shoes, and they had no problems.

The one with the potential problem would be your ex, if she wanted to get married in the Philippines again. She would have to get an annulment because she is the one who initiated the divorce here in the U.S. If you had been the one to initiate the divorce, she would have to get that divorce judicially recognized in the Philippines.

[marklovetina 52]

i am confused too by the other thread... is there a possibility that a USC who married once in PH can ask by the counselor to submit a Cenmar? of course Cenomar they cant have it.. but how about cenmar..? when they got married in the PH before their name was entered to nso data base.. so if they request for cenmar do u think they can have one..? just need an enlightenment about it

Edited October 17, 2011 by marklovetina

[TeapotGirl 66]

she would have to get that divorce judicially recognized in the Philippines.

Divorce isn't recognize in the Philippines. She's maybe a USC now too and can remarry outside the Philippines.

i am confused too by the other thread... is there a possibility that a USC who married once in PH can ask by the counselor to submit a Cenmar? of course Cenomar they cant have it.. but how about cenmar..? when they got married in the PH before their name was entered to nso data base.. so if they request for cenmar do u think they can have one..? just need an enlightenment about it

He is marrying in the US and has acquired Divorce so in US Law, he is free to marry.

He is a USC and he doesn't CENOMAR.

USC's second marriage will not be bound by a Philippine Law

He will less likely to be charged with bigamy.

USC first wife could be USC now too and can remarry outside the Philippines.

Edited October 17, 2011 by teapotgurl1983

[marklovetina 52]

Divorce isn't recognize in the Philippines.

He is marrying in the US and has acquired Divorce so in US Law, he is free to marry.

He is a USC and he doesn't CENOMAR.

USC's second marriage will not be bound by a Philippine Law

He will less likely to be charged with bigamy.

USC first wife could be USC now too and can remarry outside the Philippines.

not asking for Cenomar.. but CENMAR...

[Dean_De 61]

Divorce is not allowed in the Philippines. However, there are certain instances wherein the divorce secured abroad by the foreigner-spouse, and even by former Filipinos, are recognized under Philippine laws.

on Article 26 of the Family Code second paragraph of Article 26 is applied:

1.There is a valid marriage that has been celebrated between a Filipino citizen and a foreigner; and

2.A valid divorce is obtained abroad by the alien spouse capacitating him or her to remarry.

The existence of a valid divorce decree, however, does not automatically entitle the Filipino to remarry in the Philippines. The foreign divorce decree must be judicially recognized in the Philippines. This means that the proper action or petition must be filed in a Philippine court. For purposes of re-marriage, the divorce validly secured abroad is not automatically recognized here in 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 (who could be a former Filipino) 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.

[TeddyHoney 42]

There have been other VJers in your shoes, and they had no problems.

The one with the potential problem would be your ex, if she wanted to get married in the Philippines again. She would have to get an annulment because she is the one who initiated the divorce here in the U.S. If you had been the one to initiate the divorce, she would have to get that divorce judicially recognized in the Philippines.

Thanks, Tahoma.

[TeapotGirl 66]

not asking for Cenomar.. but CENMAR...

Still its irrelevant. He is marrying another Filipino in the US not in the Philippines. In the US law, he is free to marry. It's another story if he is marrying the fiancee in the Philippines but that's not the case.

Edited October 17, 2011 by teapotgurl1983

[TeddyHoney 42]

Divorce isn't recognize in the Philippines. She's maybe a USC now too and can remarry outside the Philippines.

That pasrt of Tahoma's comment was with regards to my ex if she ever wanted to marry again in the Philippines and I had been the one to initiate the divorce here in the US between us.

He is marrying in the US and has acquired Divorce so in US Law, he is free to marry.

He is a USC and he doesn't CENOMAR.

USC's second marriage will not be bound by a Philippine Law

He will less likely to be charged with bigamy.

USC first wife could be USC now too and can remarry outside the Philippines.

I think she's just asking if it is possible for me to get a CENMAR or certificate of marriage from the the Philippines. I think she's just asking for her own inforamtion. She's not asking about CENOMAR.

[Tahoma 2,292]

Divorce isn't recognize in the Philippines. She's maybe a USC now too and can remarry outside the Philippines.

The Philippines Family Code allows judicial recognition of a foreign divorce for Filipinos who are divorced from foreigners when the foreigner is the one who initiated the divorce. There have been Pinay here on VJ who have gone through this process.

If his ex is a U.S. citizen, of course she can get married outside of the Philippines. She also can get married outside of the Philippines if she's a legal permanent resident of the U.S.

[Tahoma 2,292]

i am confused too by the other thread... is there a possibility that a USC who married once in PH can ask by the counselor to submit a Cenmar? of course Cenomar they cant have it.. but how about cenmar..? when they got married in the PH before their name was entered to nso data base.. so if they request for cenmar do u think they can have one..? just need an enlightenment about it

The Embassy won't ask a U.S. citizen for a CENOMAR nor a CEMAR. However...

...If the CFO asks for one, just give them the divorce papers which show the person as divorced, the Legal Capicity to Marry document from the Embassy which shows they are single and allowed to marry, and the latest federal income tax return which shows the person as having filed as single.

it's rare for the CFO to ask for a CENOMAR or a CENMAR. They probably only do it occasionally at the Cebu CFO. The they settle for the documents listed above.

[TeapotGirl 66]

The Philippines Family Code allows judicial recognition of a foreign divorce for Filipinos who are divorced from foreigners when the foreigner is the one who initiated the divorce. There have been Pinay here on VJ who have gone through this process.

If his ex is a U.S. citizen, of course she can get married outside of the Philippines. She also can get married outside of the Philippines if she's a legal permanent resident of the U.S.

It's just simply allowing the foreigner to remarry, but not as how they treat the annulment. If both parties are USC, then no problem.

Edited October 18, 2011 by teapotgurl1983

[Leatherneck 693]

Just wondering if any USC here has ever been married to a Filipina before and married her in the Philippines, brought her here on Family Based Immediate Relative VISA (what they used to call it when I did it) and has since divorced here in the US and has since successfully petitions for Filipina Fiancee K-1 VISA? I'm asking because I did this and based on some recent posts I just got a little unnerved and worried about my previous marriage on record in the Philippines and any possible problems that may cause my Fiancee at her CFO semimar or VISA interview or getting VISA issued or even for AOS later. I have a certified copy of my divorce decree ready for her for the interview. I know I am free to marry here in the US.

Here is my situation exactly:

- Years ago married a Filipina in the Philippines (Traditional Church wedding and also filed with Civil Registrar) Remember jumping through many hoops just to get license and then more hoops to get married there!)

- She filed for divorce many years later here in the US. Divorced finalized and I have certified copies of decree.

- I petitioned for current Filipina Fiancee on K-1 and I-129f approved and we are waiting medical exam and interview and CFO seminar, etc.

Just want to know first if any USC petitioners here have ever married a filipina before in the Phils and then divorced here in the US and petitioned for Filipina Fiancee on K-1 and been successful getting the K-1 VISA for her? How did the USEM and CFO view your previous marriage to first wife in the Philippines? Did they even know? Did you have to annull the marriage in the Philippines? Did you have to do anything? Was it non-issue? Should I be concerned?

I've searched previous posts and can't seem t find any others. Not saying there aren't any, just not that I've been able to find.

Thanks!

You're good to go...no problem for you.

[TeddyHoney 42]

You're good to go...no problem for you.

Thanks! My nerves have settled now. I think I knew this already as I'm sure that I fully investigated this back when Ritchie and I first got serious about each other nearly 3 years ago. Its getting close now as she will be 7 weeks into culture test on thursday this week so I think I'm just jumpy at everything I read now.

I'm okasy now.

Thanks again, to you and Tahoma.

Thanks for all the replies. Just got a little spooked. I'm okay now

[Leatherneck 693]

Thanks! My nerves have settled now. I think I knew this already as I'm sure that I fully investigated this back when Ritchie and I first got serious about each other nearly 3 years ago. Its getting close now as she will be 7 weeks into culture test on thursday this week so I think I'm just jumpy at everything I read now.

I'm okasy now.

Thanks again, to you and Tahoma.

Thanks for all the replies. Just got a little spooked. I'm okay now

You welcome. Best wishes with the rest of your journey.