Is this a Bigamous Marriage?

[TeapotGirl 66]

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.

1. If you are a Filipino and married to a Filipino in the Philippines, you must file for an annulment, wherever you are.

2. A Filipino who became USC can file a divorce from the US.

3. An American who's married to a Filipino can file a divorce from the US.

Trick, the USC should be the to initiate the divorce for it to be recognized under the Philippine law.

[VanessaTony 3,567]

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?

Most likely but AGAIN it's more she used a STOLEN NAME to obtain your MARRIAGE certificate that makes your marriage void. Why are you ignoring that? If you have the birth cert (or a copy of it) you should be able to prove the marriage cert was completed using fake ID and thus invalid.

[TeapotGirl 66]

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

Most likely but AGAIN it's more she used a STOLEN NAME to obtain your MARRIAGE certificate that makes your marriage void. Why are you ignoring that? If you have the birth cert (or a copy of it) you should be able to prove the marriage cert was completed using fake ID and thus invalid.

More an immigration issue and fraud than bigamy.

[beejay 123]

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

Hi teapotgurl

Of course you are right (and I don't think anybody is debating that) but because she is in the US and so is her ex it does not matter what she is or isn't in PH. If she is deported and ends up back in PH and wants to get married again then she will have to deal with this big mess she created. For now and for the purposes of the OPs question it sounds like she is divorced according to the US.

I know you are upset because you feel she should not have been given a visa, but sometimes USCIS gets it wrong and this looks like one of those caes.

[TeapotGirl 66]

Hi teapotgurl

Of course you are right (and I don't think anybody is debating that) but because she is in the US and so is her ex it does not matter what she is or isn't in PH. If she is deported and ends up back in PH and wants to get married again then she will have to deal with this big mess she created. For now and for the purposes of the OPs question it sounds like she is divorced according to the US.

I know you are upset because you feel she should not have been given a visa, but sometimes USCIS gets it wrong and this looks like one of those caes.

Her ex is an american but her her first marriage to a Filipino isn't cleared so looks like nothing is real here. That's reason why US DHS wants her out in the US anyway. US is not condoning 2 current marriages. She may have divorced the 2nd husband but the first marriage still exist and US is recognizing it.

When she gets deported, I don't think that someone will sue her here in PI anyway. The American ex is free to remarry, the Filipino is..I dunno. Maybe got his own family now.

[VanessaTony 3,567]

Her ex is an american but her her first marriage to a Filipino isn't cleared so looks like nothing is real here. That's reason why US DHS wants her out in the US anyway. US is not condoning 2 current marriages. She may have divorced the 2nd husband but the first marriage still exist and US is recognizing it.

When she gets deported, I don't think that someone will sue her here in PI anyway. The American ex is free to remarry, the Filipino is..I dunno. Maybe got his own family now.

Wait I think you're confused. She divorced BOTH husbands. The second marriage doesn't count because she was still married to first, which is why she's deportable. OP's wife divorced first and second husbands (doesn't matter where they were living, or that she's Filipino, the divorces make her legal to marry the OP in the US).

The ONLY reasonss her divorces might not be valid is because she used her second married name to divorce her first husband and also because she used someone elses birth date. The reason her marriage to the OP might not be legal is because 1. her divorce might not be valid but mostly 2. Because she used fake ID making the marriage invalid.

[TeapotGirl 66]

Wait I think you're confused. She divorced BOTH husbands. The second marriage doesn't count because she was still married to first, which is why she's deportable. OP's wife divorced first and second husbands (doesn't matter where they were living, or that she's Filipino, the divorces make her legal to marry the OP in the US).

The ONLY reasonss her divorces might not be valid is because she used her second married name to divorce her first husband and also because she used someone elses birth date. The reason her marriage to the OP might not be legal is because 1. her divorce might not be valid but mostly 2. Because she used fake ID making the marriage invalid.

I dunno from what state they are from but there are state that will ask for a court order from the Philippines before you register those divorces. It could easily fly on the 2nd marriage because he's also an American but the first marriage? Big question mark. Again, she's a Filipino citizen at the time of the divorce, it's initiated by her.

Ok. She divorced her first husband in an incorrect channel and used a faked name to divorce the second one...wow.

[ECS 3]

Ok. People are wondering why I am foucising on a bigamy issue...

I have a divorce lawyer and have spoken with other divorce lawyers. Before we found out that she used the wrong name with one of the divorces, they all have said that her divorces and marriage to me are valid and that out marriage is valid, regardless of anything else she has done.

If we get divorced, she is entitled to half of everything that I have and built towards without anyhelp from her whatsoever. Inlcuding half of my assets, half of the equity on our home and half of my retirement benefits. HALF if not more.

Now if it turns out to be null and void from the beignning, she will not.

And before anyone starts attacking me for being in a marriage for 13 years and leaving her out in the cold without a penny, I have no intention on doing such a thing. But it is not the issue we are discussing here, so lets please leave it at the discussion topic at hand.

[Leatherneck 693]

I dunno from what state they are from but there are state that will ask for a court order from the Philippines before you register those divorces. It could easily fly on the 2nd marriage because he's also an American but the first marriage? Big question mark. Again, she's a Filipino citizen at the time of the divorce, it's initiated by her.

Ok. She divorced her first husband in an incorrect channel and used a faked name to divorce the second one...wow.

Please read this from the Philippine Consulate here in Los Angeles. Scroll down to #9 and read the example that is similar to the divorce/marriage situation we're talking about here. Nt sure why you're having a hard time getting that citizen is not important when getting a divorce in the USA...simply not important.

[TeapotGirl 66]

If we get divorced, she is entitled to half of everything that I have and built towards without anyhelp from her whatsoever. Inlcuding half of my assets, half of the equity on our home and half of my retirement benefits. HALF if not more.

Now if it turns out to be null and void from the beignning, she will not.

She came in the US through a FAKE marriage with the 2nd husband. The divorce with the first husband was filed though another name too. Kinda confusing because she divorced her first husband and she's already married with the 2nd one. After her divorce she still stayed in the US without legal papers. She should have not meet and even married you if she followed the rule

Edited November 11, 2011 by teapotgurl1983

[Leatherneck 693]

Ok. People are wondering why I am foucising on a bigamy issue...

I have a divorce lawyer and have spoken with other divorce lawyers. Before we found out that she used the wrong name with one of the divorces, they all have said that her divorces and marriage to me are valid and that out marriage is valid, regardless of anything else she has done.

If we get divorced, she is entitled to half of everything that I have and built towards without anyhelp from her whatsoever. Inlcuding half of my assets, half of the equity on our home and half of my retirement benefits. HALF if not more.

Now if it turns out to be null and void from the beignning, she will not.

And before anyone starts attacking me for being in a marriage for 13 years and leaving her out in the cold without a penny, I have no intention on doing such a thing. But it is not the issue we are discussing here, so lets please leave it at the discussion topic at hand.

I agree with looking at this from the angle of her using an ID/date of birth that was not hers to marry you. Because the use of a different name and date of birth means you did not marry the person that signed the marriage license, therefore you can not be married to this person since discovering her true ID.

[VanessaTony 3,567]

Ok. People are wondering why I am foucising on a bigamy issue...

I have a divorce lawyer and have spoken with other divorce lawyers. Before we found out that she used the wrong name with one of the divorces, they all have said that her divorces and marriage to me are valid and that out marriage is valid, regardless of anything else she has done.

If we get divorced, she is entitled to half of everything that I have and built towards without anyhelp from her whatsoever. Inlcuding half of my assets, half of the equity on our home and half of my retirement benefits. HALF if not more.

Now if it turns out to be null and void from the beignning, she will not.

And before anyone starts attacking me for being in a marriage for 13 years and leaving her out in the cold without a penny, I have no intention on doing such a thing. But it is not the issue we are discussing here, so lets please leave it at the discussion topic at hand.

That still doesn't answer why you are focussing on the divorces being invalid as the key, rather than the fact she used someone else's ID to marry you. That too would make the marriage invalid.

[TeapotGirl 66]

Please read this from the Philippine Consulate here in Los Angeles. Scroll down to #9 and read the example that is similar to the divorce/marriage situation we're talking about here. Nt sure why you're having a hard time getting that citizen is not important when getting a divorce in the USA...simply not important.

1. If you are a Filipino and married to a Filipino in the Philippines, you must file for an annulment, wherever you are.

2. A Filipino who became USC can file a divorce from the US.

3. An American who's married to a Filipino can file a divorce from the US.

Trick, the USC should be the to initiate the divorce for it to be recognized under the Philippine law.

As the OP said, his lawyers said that her divorces are valid in the US but if we dig further of how she came in the US in the first place (which is a fake marriage with the American). It's already a bigamy on the 2nd guy for godsake.

Edited November 11, 2011 by teapotgurl1983

[TeapotGirl 66]

The 2nd husband should have petitioned her as a spouse. I wonder what happened why she was not able to adjust her status. If the OP goes to court, it's good to find this guy to help him out. Maybe there are things that that guy knows that he doesn't know.

[Leatherneck 693]

As the OP said, his lawyers said that her divorces are valid in the US but if we dig further of how she came in the US in the first place (which is a fake marriage with the American). It's already a bigamy on the 2nd guy for godsake.

We know how she came to the USA, that is not an issue, we also know she committed bigamy when she married the second guy, no one is arguing either of those facts.