Is this a Bigamous Marriage?

[VanessaTony 3,567]

As you may or may not know, the Philippines does not recognize divorce and their law states that a Philiipiine Citizen cannot obtain a divorce no matter where in the world they are. My wife is a Philiipine Citizen who married one time in 1982 to a Philippine Citizne and was able to hide that marriage, and then a US Citizen in 1991. She came here in 1991 and we met in 1996. Before her and I married, she was able to obtain divorces from both men. She was neither a US citizen nor a greencard holder and I am not sure if the Judge who granted her these divorces knew that at the time. Now my question is this: Since the US obviously recognizes divorce, but the Philippines does not, and she is a Philippine Citizen. Is she legitimately divorced and was she free to marry again in the US? If you are aware of any links, please list them.

Thanks!

Free to marry in the US? Yes. Free to marry in Philippines? No.

[Leatherneck 693]

1. The wife stayed in the US illegally.

2. Got another kid that's staying in the US illegally.

3. Was married to the 3rd husband in an illegal status.

4. Marriage was bigamous in the Philippines.

5. OP didn't know that his wife abandoned a kid in the Philippines.

6. Wife lied in the USCIS that her b-day was incorrect claiming she's born in 1970 but it's really 1964.

OVERALL, THE OP DOESN'T KNOW WHO HE MARRIED.

Yeah, that woman is a MESS!

[TeapotGirl 66]

Free to marry in the US? Yes. Free to marry in Philippines? No.

My first post was predicated on the wife being here in the U.S. and getting legal divorces, which I see now she never had a valid marriage to the first husband from the start.

Is he OP's marriage to the woman legal even if they didn't go through the right channel? They should have never been married in the first place if they followed the rule.

[Hank_ 9,174]

Thank you. But my question is whether the divorce is valid in the US or not. I am trying to prove Bigamy against her.

Ask an attorney! Get actualy legal advice.

[VanessaTony 3,567]

As you may or may not know, the Philippines does not recognize divorce and their law states that a Philiipiine Citizen cannot obtain a divorce no matter where in the world they are. My wife is a Philiipine Citizen who married one time in 1982 to a Philippine Citizne and was able to hide that marriage, and then a US Citizen in 1991. She came here in 1991 and we met in 1996. Before her and I married, she was able to obtain divorces from both men. She was neither a US citizen nor a greencard holder and I am not sure if the Judge who granted her these divorces knew that at the time. Now my question is this: Since the US obviously recognizes divorce, but the Philippines does not, and she is a Philippine Citizen. Is she legitimately divorced and was she free to marry again in the US? If you are aware of any links, please list them.

Thanks!

The free to marry is easy. She was. The problem becomes that she fraudulently signed the marriage certificate (false information). I don't think this will help with your divorce except to MAYBE annul it. Even then you'll probably still have to give her half. It might be beneficial to you to try and come to an agreement with her.

She is most likely going to be deported. You could offer her assistance and money to return to the Philippines (though I doubt she'll take that). Any money you give her here is a worth a LOT there so she won't exactly be poor. If she loved her kids she'd let them remain in their home rather than uprooting them... but I think that should be the children's decision.

Her fraud IS a big deal to immigration and makes her a criminal (referencing the other thread here). I wonder what other lies there are...

[Leatherneck 693]

Is he OP's marriage to the woman legal even if they didn't go through the right channel? They should have never been married in the first place if they followed the rule.

She was able to obtain two (2) legal divorces from her previous husbands. When she presented the legal divorce decree to obtain the marriage license for the 3rd marriage, it gave the appearance of a legal marriage to the current guy. That's why that marriage was allowed to go forward.

If I was him, I would file for an annulment on the grounds that my marriage to this person would never have happened if I had knowledge of the second fraudulent marriage.

Granted she committed bigamy with the second marriage and it is because of that marriage she is being deported. Boy she is a human wrecking ball!

[ECS 3]

If she didn't file an annulment to remarry the second guy then that's a bigamy. The divorce filed by her ex husbands are for them to remarry. Again, that's for the guys, not for her. If she wants to LEGALLY remarry, she has to file an annulment for the first one and file nullity of marriage for the 2nd one. Those are 2 different things.

The 2nd marriage is already void from the very beginning, the first one you still have to prove why it needs to be annulled. Common reason used for it is psychological incapacity.

http://www.gtalawphil.com/Philippine%20Annulment%20101_divorce.htm.... this might help

Thanks. I am aware that she would still be married in the Philippines. However, a spoke with a few lawyers here and they told me that since she obtained the divorces in the US, then her divorces are valid. Doesnt matter what the Philippines laws are ("When in Rome..."). I am trying to track down a law. I have read about the Nationality Principle and the Philippine law that says their law follows them, but I havent really been able to find any law that states the US must follow other countries laws regarding family (ie divorce)

Sorry, I misunderstood you. She married a USC in 1991, and moved to the U.S., correct? So then she and her husband at the time had to have filed immigration papers and I'm assuming she at least got her Green Card, yes? That makes some holes in your statement below:

Immigration had to have come into play with getting divorce papers for her first two marriages.

Yeah, you are right - I know nothing of your situation, but you came onto this immigration website and shared details of your situation to strangers. You still sound like you are digging for something in attempt to get her without mentioning you are going through a divorce. Why don't hire yourself a good divorce lawyer and let him do the dirt digging on her?

Everything I said has been accurate. Unfortunately, this situation is extremely complicated. If you would like to know the story, go here:

http://www.visajourney.com/forums/topic/327877-odds-of-approval/

Bigamy and polygamy happened a lot before that's why the government just recently obliged everyone who wants to get married to show a CENOMAR (certificate of no marriage).

I also wonder how are you able to manage marrying her? Tourist Visa, student?

Obviously K-1 requires her to show CENOMAR and it will show her she had been married twice in the Philippines and she will be obliged to attach annulment papers and nullity of marriage.

This will not fly on CR1 route too because you will be asked for CENOMAR before you obtain marriage certificate?

Obviously, your wife is still covered by Philippine Law. Now that she's married to you, it's already polygamy.

If what her first husband made her USC and divorced right after the naturalization, then it's a different story.

I wonder why, too.....She was able to pull a real good one on me, the Government and everyone else involved. Here is my story: http://www.visajourney.com/forums/topic/327877-odds-of-approval/

I know it is Polygamy in the Philippines, but is it Polygamy in the US?

That's not accurate. She's lived here since 1991, and married a U.S. citizen at the time, making her eligible for legal residency here in the U.S.. If she's lived here all this time without any legal status (Green Card or naturalization), then she's got bigger problems. But assuming she's here legally and has legal documentation for her previous two marriages ending, then there is no issue, at least as far as this country's laws are concerned.

Please read this:

http://www.visajourney.com/forums/topic/327877-odds-of-approval/

[Leatherneck 693]

The sad part of this is the child involved. Men have a helluva a time getting custody of their kids, even when the mother is a worthless piece of #######.

I don't think her committing immigration fraud is enough on its own to get custody of the child, he'll have to prove her an "unfit" mother before the court to get custody of the child.

Or get a lawyer that plats golf with the judge hearing the case.

[ECS 3]

Thanks so much for all the responses so far. The background of my story is here: http://www.visajourney.com/forums/topic/327877-odds-of-approval/

It is a very long, complicated story.

[Leatherneck 693]

Thanks. I am aware that she would still be married in the Philippines. However, a spoke with a few lawyers here and they told me that since she obtained the divorces in the US, then her divorces are valid. Doesnt matter what the Philippines laws are ("When in Rome..."). I am trying to track down a law. I have read about the Nationality Principle and the Philippine law that says their law follows them, but I havent really been able to find any law that states the US must follow other countries laws regarding family (ie divorce)

Everything I said has been accurate. Unfortunately, this situation is extremely complicated. If you would like to know the story, go here:

http://www.visajourn...ds-of-approval/

I wonder why, too.....She was able to pull a real good one on me, the Government and everyone else involved. Here is my story: http://www.visajourn...ds-of-approval/

I know it is Polygamy in the Philippines, but is it Polygamy in the US?

Please read this:

http://www.visajourn...ds-of-approval/

Yes, what she did is considered bigamy in the U.S., even though that second marriage took place in the Philippines. That is why USCIS wants her OUT, because she gain an immigration benefit based on that marriage that never should have taken place.

If I were you, I'd seek an annulment. Which differs from a court order that terminates a marriage, since it is a judicial statement that there was never a marriage. A divorce, which can only take place where there has been a valid marriage, means that the two parties are no longer husband and wife once the decree is issued. An annulment means that the individuals were never united in marriage as husband and wife.

But considering she had a divorce decree from the second fraudulent marriage, that might make an annulment a long shot.

[ECS 3]

Why? She "hid" her first marriage, which happened over 20 years ago in her home country where divorce is not legal. According to him, she had legal divorce papers for both of those marriages prior to marrying him in 1996.

So the real question is - why is this guy now taking issue with it 15 years later? Sounds to me like someone's going through a bitter divorce and is trying to get an edge on her. Perhaps he is trying to get out of paying alimony and child support, which explains why he hasn't given much details nor explained his motivation.

Im taking issue with it 15 years later because I only found out the truth 15 years later! Dont assume that you know whats going on and that I am trying to keep the details for an ulterior motive. I am sure if you read my story, your opinion about why I didnt orginally give too many details may change.

[ECS 3]

I think there is a lot of mixing of apples and oranges here. US citizenship and legal status are not considered when getting a divorce in the U.S., when you file the divorce papers and both parties acknowledge of having been served of the pending action, you give that court jurisdiction over the matter, regardless of what country you're from.

Now, that first marriage is still valid in the Philippines under Philippine law, but in the eyes of U.S. law, she was granted a legal divorce, therefore, she is divorced here.

So that 2nd marriage was valid under U.S. law, because she obtained a legal divorce in the U.S. under U.S. law from the first husband. But under Philppine law her second marraige is not valid there, but she is not living in the Philippines, so it does not matter.

Just as a family court judge in the U.S. cares nothing about Philippine law with regards to child support and child custody, nor does any judge look to divorce law in the Philippines or any other country before granting a divorce here in the U.S. If you're in the U.S., you are subject to the laws of the state where you reside.

So OP, under the laws of the U.S., your marriage was/is valid. Your wife obtained legal divorces from both men. Now if she goes back to the Philippines, she has a problem and a mess on her hands.

So then my question is this: If the US recognizes other country's marriages (Her Philippine marriages) and also recognizes divorce, how can it recognize both the Phillipine marriage and the US divorce at the same time?

As far as the judge caring nothing about Philippine law, wouldnt the Nationality Principle Apply here?

[ECS 3]

1. The wife stayed in the US illegally.

2. Got another kid that's staying in the US illegally.

3. Was married to the 3rd husband in an illegal status.

4. Marriage was bigamous in the Philippines.

5. OP didn't know that his wife abandoned a kid in the Philippines.

6. Wife lied in the USCIS that her b-day was incorrect claiming she's born in 1970 but it's really 1964.

OVERALL, THE OP DOESN'T KNOW WHO HE MARRIED.

And people wonder why I want out of this marriage?

[ECS 3]

Ask an attorney! Get actualy legal advice.

I have an attorney. I am just doing more in regards to research and other people opinions/thought to get an idea on how this will end up

[Kang 22]

1. The wife stayed in the US illegally.

2. Got another kid that's staying in the US illegally.

3. Was married to the 3rd husband in an illegal status.

4. Marriage was bigamous in the Philippines.

5. OP didn't know that his wife abandoned a kid in the Philippines.

6. Wife lied in the USCIS that her b-day was incorrect claiming she's born in 1970 but it's really 1964.

OVERALL, THE OP DOESN'T KNOW WHO HE MARRIED.

Must admit she is a con artist... to be able to slip the USEM scrutiny.