Marrying girlfriend who is in US and pending annulment

[I AM NOT THAT GUY 5,715]

Does Philippine law stand inside the US Embassy? I would think based off American law if she was a naturalized citizen and was divorced to both she could remarry her husband in the philippines and petition him. I am not an expert, just curious.

For a Fiancee visa, I suppose not, with her standing as a US citizen. Like Tahoma said, the Filipino husband still needs to get a CENOMAR to show he was eligible to marry. That means an annulment. For a spousal visa, getting remarried in the Philippines might be difficult since they are both already married, to each other, according to Filipino records.

[TiklingGuy 211]

For a Fiancee visa, I suppose not, with her standing as a US citizen. Like Tahoma said, the Filipino husband still needs to get a CENOMAR to show he was eligible to marry. That means an annulment. For a spousal visa, getting remarried in the Philippines might be difficult since they are both already married, to each other, according to Filipino records.

But supposing she got the divorce from her philippine husband in the philippines (which ive read is a pain in the A-hole), married this guy in america. If she divorced the USC after she became a citizen, then her ex-husband in the philippines would have the cenomar. American law you can remarry your ex-spouse. Would the philippines operate the same way? Even if they didn't, the US Embassy is American law and the senario could possibly work for a spousal or fiance visa right?

This is education for me, i am not as familiar with it as you all are.

[I AM NOT THAT GUY 5,715]

But supposing she got the divorce from her philippine husband in the philippines (which ive read is a pain in the A-hole), married this guy in america. If she divorced the USC after she became a citizen, then her ex-husband in the philippines would have the cenomar. American law you can remarry your ex-spouse. Would the philippines operate the same way? Even if they didn't, the US Embassy is American law and the senario could possibly work for a spousal or fiance visa right?

This is education for me, i am not as familiar with it as you all are.

I am guessing same as you, and my Filipina law student is at work. However, feel free to browse through this:

http://www.chanrobles.com/executiveorderno209.htm

[TiklingGuy 211]

I am guessing same as you, and my Filipina law student is at work. However, feel free to browse through this:

http://www.chanrobles.com/executiveorderno209.htm

Well i can see that getting a divorce over there is not as easy as going down the street here and getting the 250 dollar divorce. From what i read, it seems that if she became a USC then it wouldn't apply with her, but who knows.

Edited January 12, 2012 by Dex22

[sunandmoon 450]

Well i can see that getting a divorce over there is not as easy as going down the street here and getting the 250 dollar divorce. From what i read, it seems that if she became a USC then it wouldn't apply with her, but who knows.

there is no divorce in the Philippines. the Filipino husband would need to try to get an annulment.

[Deputy Purple 1,294]

Does Philippine law stand inside the US Embassy? I would think based off American law if she was a naturalized citizen and was divorced to both she could remarry her husband in the philippines and petition him. I am not an expert, just curious.

Once she naturalizes the Philippines would acknowledge her earlier divorce and single status

BUT...

Her Philippine husband would still need an annulment before he could get married to her in the Philippines. If they tried to get around that using a K-1 (The US Embassy would recognize him as single and free to marry) he wouldn't be able to get the CFO Sticker (departure clearance) for the same reasons.

If she's playing this type of long game on the OP then she's taking a big risk,

[sunandmoon 450]

Once she naturalizes the Philippines would acknowledge her earlier divorce and single status

BUT...

Her Philippine husband would still need an annulment before he could get married to her in the Philippines. If they tried to get around that using a K-1 (The US Embassy would recognize him as single and free to marry) he wouldn't be able to get the CFO Sticker (departure clearance) for the same reasons.

If she's playing this type of long game on the OP then she's taking a big risk,

or would he be able to obtain a judicial recognition of foreign divorce? this is all based on a hint being given to the OP of this thread.

[TiklingGuy 211]

Once she naturalizes the Philippines would acknowledge her earlier divorce and single status

BUT...

Her Philippine husband would still need an annulment before he could get married to her in the Philippines. If they tried to get around that using a K-1 (The US Embassy would recognize him as single and free to marry) he wouldn't be able to get the CFO Sticker (departure clearance) for the same reasons.

If she's playing this type of long game on the OP then she's taking a big risk,

So if he did get the annulment then the CFO would clear him to leave? I think this would be stupid if she did this, i am just curious that if this senario slipped through the cracks, how far could it go.

[rheanick 42]

So if he did get the annulment then the CFO would clear him to leave? I think this would be stupid if she did this, i am just curious that if this senario slipped through the cracks, how far could it go.

If a person wants to stay in the US, he/she would do anything to get it.

In this case, marrying a USC guy even though she knows she is still married in the Philippines. Giving different justification on the wrong actions just to make it sound right.

If the OP would agree on not respecting the law of the Philippines ... I would say they deserve each other. And whatever bad happened to them in the near future. Its their own doing.

Just want to pinpoint something to the OP... If you know that she is an adulterer/cheater/bigamist (if you push thru in marrying her). How can you trust her? She did it to her husband (not ex since they are still married). And how do you know that you are the only one she is fuc*king so she could stay here in the US.

[rheanick 42]

So if he did get the annulment then the CFO would clear him to leave? I think this would be stupid if she did this, i am just curious that if this senario slipped through the cracks, how far could it go.

If a person wants to stay in the US, he/she would do anything to get it. In this case, marrying a USC guy even though she knows she is still married in the Philippines.

If the OP would not respect the law of the Philippines ... I would say they deserve each other. And whatever bad happened to them in the near future. Its their own doing.

Just want to pinpoint something to the OP... If you know that she is an adulterer/cheater/bigamist (if you push thru in marrying her). How can you trust her? She did it to her husband (not ex since they are still married). And how do you know that you are the only one she is fuc*king right now?.

[Deputy Purple 1,294]

or would he be able to obtain a judicial recognition of foreign divorce? this is all based on a hint being given to the OP of this thread.

He can't get judicial recognition as the divorce was between two Filipino Citizens. He could if she was already a US Citizen when she files but that wouldn't work in this situation anyway.

So if he did get the annulment then the CFO would clear him to leave? I think this would be stupid if she did this, i am just curious that if this senario slipped through the cracks, how far could it go.

Yep, CFO only gives exit clearance to K-1 holders if they are free to marry IN THE PHILIPPINES. Likewise he couldn't re-marry her in the Philippines as he's already married to her there.

I guess they could get married in Hong Kong, she uses that marriage certificate at the US Embassy and at CFO he presents their Philippine Marriage Contract for the exit clearance.

If a person wants to stay in the US, he/she would do anything to get it.

In this case, marrying a USC guy even though she knows she is still married in the Philippines. Giving different justification on the wrong actions just to make it sound right.

If the OP would agree on not respecting the law of the Philippines ... I would say they deserve each other. And whatever bad happened to them in the near future. Its their own doing.

Just want to pinpoint something to the OP... If you know that she is an adulterer/cheater/bigamist (if you push thru in marrying her). How can you trust her? She did it to her husband (not ex since they are still married). And how do you know that you are the only one she is fuc*king so she could stay here in the US.

My only hesitation with agreeing here is that we don't know the situation of her first (current?) marriage. Maybe if divorce was possible in the Philippines then she'd already be divorced and none of this would matter.

It is quite possible that there are no bad guys in this situation, just a bad marriage that remains in play only due to antiquated morality imposed by a government that is overrun with religious overtones (I say all of this having a love of the country despite my lack of agreement on policy relating to divorce & birth control).

[Tahoma 2,292]

@ Bob...+1

[Rocky_nBullwinkle 6]

I am guessing same as you, and my Filipina law student is at work. However, feel free to browse through this:

http://www.chanrobles.com/executiveorderno209.htm

To asawahs4ever :You may want to read Article 26 Family Code of the Philippines. Your Filipino girlfriend/booyfriend may include this article in his/her argument if his case falls under this provision of the famiy code.

I am guessing same as you, and my Filipina law student is at work. However, feel free to browse through this:

http://www.chanrobles.com/executiveorderno209.htm

To asawahs4ever :You may want to read Article 26 Family Code of the Philippines. Your Filipino girlfriend/booyfriend may include this article in his/her argument if his case falls under this provision of the famiy code.

[Rocky_nBullwinkle 6]

Hello everyone, this place is mind boggling with all the information and because of that I was hoping one of you guys could make it simple for me.

My fiancee is here on a J-1 VISA (teacher student exchange) and her last year of eligibility will be June of 2013. We've been together for over a year now and she lives with me here in Houston.

She is going to be working on getting an annullment from her husband starting next month back in the Phillipines so we can get married.

First of all, how does she get an annullment, and how long does it take?

Once we are free to marry how long will it take get her status so that she doesn't hve to go back to the Phillipines and can begin her process to becoming a US citizen.

I know she has to get an Adjustment of Status and then her Green Card, but will she have to get her K-1 visa before all of that, or since she's already here inthe US can she go straight to the Adjustment of Status procedure and then on to getting her Green Card?

And if possible, what is the approzimate timeframe for all that we need to do?

And finally, should we get an attorney to help us do all of this, or can we do it on our own?

Sorry for all the questions, it just that I want to make sure we do this right the first time because the last thing I want to do is jeopardize losing the love of my life due to beaurocracy.

Thanks in advance, I can't wait to post our success story on here like the rest of you lucky guys.

I wish you luck guys with the annulment process and everything. Doesn't matter if she gets a divorce or annulment, doing the right thing, that's a good start.