Is this a Bigamous Marriage?

[Leatherneck 693]

I know some can be illegal in country and another can be legal in another country. I do understand that very well. I know, the only state, my guess, that allow prostitution is Nevada. Is it correct? Another states in US have law that not allow prostitution. My point is, if you bring an abortion for this case, I can't see why it is relate. If people can use what illegal and legal such these things,there are many contradiction to each others by then. As far as I know, Indonesia not accepted mixed religion marriage. It has never been happened otherwise the govt reform marriage law. But USA jurisdiction law accepted it. That's what legal and illegal by example. Or, you can living together in US without a marriage is legal (as far as I know) but in Indonesia is illegal and subject to be a crime. There many things about this we can brought up about what a legal and illegal from different countries. Billions example.

My point to talk about papers and showing paper is that if we are talking about complicated case like this , we are talking about legal papers to put as a proof. This case is not simply saying oh okay it is legal or illegal and just moved on and forget about it. We need legal papers to proved it. If it is involved people break the rules, it is not just saying whether it is legal or illegal to do that.

Some people avoid what illegal in their country can be legal to another country, which I've seen them in person. What I spesifically saying about this case, THAT she was lying at very first place, and all the process (involved the legal papers that obtained with a full of lies) that she's been through is illegal whether the marriage, the divorce, living in USA etc. etc. When you caught lying about legal papers, you are really in BIG trouble and no one will say that it is illegal but oh okay I can forget it.

Yes in some counties in Nevada, prostitution is legal.

Ok, I call a truce on this issue... she was very wrong, what she did is illegal in the Philippines, she made a big mess and affected of many lives with her actions.

[TeapotGirl 66]

1. If she went on K-1 route, then she has to prove that she's free to marry- she can't because she was still married.

2. If she chose CR-1 route then she has to attach an annulment paper of the first marriage and nullity of marriage for the 2nd marriage.-she can't because she just lied and lied and lied.

3. She is already an illegal immigrant when she married the OP. Not sure if the 2nd husband which is an American discovered how liar she is at the very early stage and didn't push through sponsoring her greencard.

4. The US Department of Homeland and Security wants her out of the US when they found out that she's still married in the Philippines. Meaning, the US is not condoning 2 current marriages even if the other one is from overseas.

5. The first husband is a Filipino, there is no way that he can divorce her. Unless he became a USC or any citizen of a country that recognize divorce. Never heard of someone who just went on vacation in Australia then filed divorce without changing citizenship more so for an illegal immigrant to divorce someone in the Philippines. I stand corrected if I am wrong.

Now to answer if the marriage is bigamy...for those Filipino beneficiaries here that have been married before, do you all think that the CO will approve your K-1 or CR-1 petition if they find out that you are still married to someone else? Of course not!

You have to be cleared on any angle to be not called bigamist or polygamist whether on Philippine or US law.

The divorce may be valid but the marriage isn't because it's all lie from the start.

Edited November 10, 2011 by teapotgurl1983

[Hank_ 9,174]

lots of bored people... this post is getting lots of attention

[ECS 3]

lots of bored people... this post is getting lots of attention

You must be one of the most bored because you have nothing better to do than post that.

Maybe the post is getting lots of attention because it tragic that she was able to pull this and get away with it while so many other immigrants do everything legally?

[Leatherneck 693]

1. If she went on K-1 route, then she has to prove that she's free to marry- she can't because she was still married.

2. If she chose CR-1 route then she has to attach an annulment paper of the first marriage and nullity of marriage for the 2nd marriage.-she can't because she just lied and lied and lied.

3. She is already an illegal immigrant when she married the OP. Not sure if the 2nd husband which is an American discovered how liar she is at the very early stage and didn't push through sponsoring her greencard.

4. The US Department of Homeland and Security wants her out of the US when they found out that she's still married in the Philippines. Meaning, the US is not condoning 2 current marriages even if the other one is from overseas.

5. The first husband is a Filipino, there is no way that he can divorce her. Unless he became a USC or any citizen of a country that recognize divorce. Never heard of someone who just went on vacation in Australia then filed divorce without changing citizenship more so for an illegal immigrant to divorce someone in the Philippines. I stand corrected if I am wrong.

Now to answer if the marriage is bigamy...for those Filipino beneficiaries here that have been married before, do you all think that the CO will approve your K-1 or CR-1 petition if they find out that you are still married to someone else? Of course not!

You have to be cleared on any angle to be not called bigamist or polygamist whether on Philippine or US law.

The divorce may be valid but the marriage isn't because it's all lie from the start.

Ms. teapotgurl, you make some valid points and you're right with regards to the Philippines. Being a Filipino does not prevent you from getting a divorce in the USA, no need to be a citizen to get a divorce here. Understand that 2 rocks can get a divorce in the USA.

Her divorces are legal in the USA, however, she is not divorced in the Philippines under Philippine law.

Again, anybody (I say that loosely) can get a divorce in the USA.

I hope that helkps you.

[VanessaTony 3,567]

Very interesting. Thank you. But unfortunately, I think her divorces are valid in the US and she was free to marry me. For all these years of her scamming me, I cannot do anything to keep her from taking half of my assets.

and at the same time.

Her divorces might be valid but I question whether your marriage was legal given she produced someone else's ID (someone else's birth certificate). You said she used someone else's birth cert so you didn't marry her, you didn't marry anyone. Your "wife" signed her name, true (only because she stole the identity of someone with the same birth name), but she gave the ID of someone else... I would look into that avenue myself.

She stole someone else's ID and married you based on that ID. I would think (and hope) that would invalidate the marriage.

[Kang 22]

With the OPs situation, whether her divorce is recognized in the US or not should be second priority. In the other thread, the OP mentioned that his son is everything to him. And the mother wanting full custody should alarm him, why?

The DHS wants her deported for fraud and other reasons (probably bigamy) and as a child of a Philippine citizen, his son is a Phil citizen, she just have to register him at the consulate. Now, here is the problem, should she get deported she can take their son with her regardless of court orders. She can defy court orders and bring the child to the Philippines. Once the child is in the Philippines, both the US Embassy and FBI cannot do anything because in the eyes of the Phil government he is a Phil citizen and that the Philippines is NOT a Hague convention signatory on parental abduction. Once the kid is in the Philippines, recovering him is almost an impossible task.

Read: Mother kidnaps kids to the Phils despite court orders: http://articles.latimes.com/2006/mar/13/local/me-abduct13

Edited November 10, 2011 by Kang

[ECS 3]

Please read and tell me where I may be wrong.

She was born Miss "M."

In 1983, she married Mr. "S." in the Philippines

In 1991, she married Mr. "H." in the Philippines while still being married to Mr, "S."

In 1991, Mr. and Mrs. "H." come to the U.S

1996, Mrs "H." divorces Mr. "H" and then...

1997, heres where it gets tricky...Mrs "H" (her second married name) divorces Mr. "S" (her first husband) while Mr. "S." was still in the Philippines.

I just find out that she used her second married name to divorce her first husband.

There is no valid divorce between her and her first husband and then no valid marriage between her and I, right?...no matter where you are in the world. At least thats what it looks like to me. Anyone disagree?

[TeapotGirl 66]

Please read and tell me where I may be wrong.

She was born Miss "M."

In 1983, she married Mr. "S." in the Philippines

In 1991, she married Mr. "H." in the Philippines while still being married to Mr, "S."

In 1991, Mr. and Mrs. "H." come to the U.S

1996, Mrs "H." divorces Mr. "H" and then...

1997, heres where it gets tricky...Mrs "H" (her second married name) divorces Mr. "S" (her first husband) while Mr. "S." was still in the Philippines.

I just find out that she used her second married name to divorce her first husband.

There is no valid divorce between her and her first husband and then no valid marriage between her and I, right?...no matter where you are in the world. At least thats what it looks like to me. Anyone disagree?

.

Edited November 11, 2011 by teapotgurl1983

[TeapotGirl 66]

She should have filed an annulment in the Philippines to dissolve the marriage specially if the first guy is still a Filipino citizen....and if the guy changed citizenship, he should be the one to initiate the divorce. She is not an American citizen so I dunno how she can divorce him

[VanessaTony 3,567]

Please read and tell me where I may be wrong.

She was born Miss "M."

In 1983, she married Mr. "S." in the Philippines

In 1991, she married Mr. "H." in the Philippines while still being married to Mr, "S."

In 1991, Mr. and Mrs. "H." come to the U.S

1996, Mrs "H." divorces Mr. "H" and then...

1997, heres where it gets tricky...Mrs "H" (her second married name) divorces Mr. "S" (her first husband) while Mr. "S." was still in the Philippines.

I just find out that she used her second married name to divorce her first husband.

There is no valid divorce between her and her first husband and then no valid marriage between her and I, right?...no matter where you are in the world. At least thats what it looks like to me. Anyone disagree?

I would think that she used a "fake" name to divorce her first husband because her marriage to her second husband wasn't valid to change her name. She was never legally married to Mr. H so she was never "Mrs H". She should have divorced Mr. S as Mrs. S. But that divorce helps prove she knew she was married which aids in her deportation.

That's not where i think you should be focussing anyway. I would be focussing on the fact she used stolen ID (someone else's birth cert) to marry you, invalidating the marriage.

Regarding the child issue. Is the child presently with you? Or does the child stay with you occasionally? Have you started divorce procedures? The reason I ask is because right now there is no custody arrangement (unless you've signed something) so you would be within your rights to file for custody (noting the child will remain with you while processing) and then not let her visit (unsupervised) with the son. Police can't take the child with an active custody dispute in the works. It's not "kidnapping" or "breaching a court order" if no custody order is in place. I would also put an alert on the child's passports.

[VanessaTony 3,567]

She should have filed an annulment in the Philippines to dissolve the marriage specially if the first guy is still a Filipino citizen....and if the guy changed citizenship, he should be the one to initiate the divorce. She is not an American citizen so I dunno how she can divorce him

You don't need to be a citizen to file for divorce in the US. She was a resident (as in living in, not LPR) in the US so eligible to divorce here.

[TeapotGirl 66]

That's not where i think you should be focussing anyway. I would be focussing on the fact she used stolen ID (someone else's birth cert) to marry you, invalidating the marriage.

Agree..Everything is fake fake fake...just fake.

[TeapotGirl 66]

You don't need to be a citizen to file for divorce in the US. She was a resident (as in living in, not LPR) in the US so eligible to divorce here.

Well that's the only divorce that's accepted in the Philippines filed from abroad. See a link here.

Edited November 11, 2011 by teapotgurl1983

[ECS 3]

I hope we are not going to go through the whole argument wther her divorces are valid or not. We have already been there and its already been established that her divorces were thought to be valid and she was free to marry me because the divorces were obtained in the US.

Howver, If she used the incorrect name to obtain the divorce, then it isnt valid, right?

Edited November 11, 2011 by ECS