Fraud wife being removed from US

[Deputy Purple 1,294]

We have a hearing on 1 Feb to determine custody. Before we knew of her immigration removal, I was going to be awarded 100% Physical and 50% Legal custody. Now that she is ordered removed, I am sure to recieve 100% physical and 100% legal custody, but I havent been able to contact the court yet. I have already discussed with my son that he is not allowed to go on a plane with either one of us so if she brings him to the airport without getting permission from me, he is to tell someone immediately before getting on the plane.

Does your son have a Philippine Passport? The court could order his passports held in neutral custody until she's removed. I know you can have his US Passport flagged so he wouldn't be able to board a plane using it but I don't know about the Philippine Passport.

I can't give you any other answer regarding how she can be legally married to 2 different people other than what's already been said. The Philippines would NEVER recognize either of her US marriages because she didn't get annulment prior to either. The US recognizes the Philippine marriage and both US divorces. The Philippines will never recognize a divorce initiated by a Philippine Citizen or between two Philippine Citizens.

[adiiann 163]

Just thinking..... correct me if I'm wrong ....

If she gave fraud documents to acquire visa prior to her first marriage, then she got here in US illegally which mean also that she violate the state law, therefore her first marriage and the rest of marriages are void since one of the requirements for marriage is must be legal to marry which mean staying in US legally.

[ECS 3]

who's she legally married to depends on where she is residing. in the Philippines, she is still legally married to husband #1,. the subsequent marriages woud not be recognized. the US does recognize other countries marriages. she obtained a divorce, so in the US, your marriage is the one that would be considered valid.

So, when she returns to the Philippines, who is she married to, according to US law? What a quandary....

In general, unless the marriage breaks U.S. state laws, marriages which are legally performed and valid abroad are also legally valid in the United States. Inquiries regarding the validity of a marriage abroad should be directed to the attorney general of the state in the United States where the parties to the marriage live.

Thanks. I think I will try ot contact the Attorney General.

Does your son have a Philippine Passport? The court could order his passports held in neutral custody until she's removed. I know you can have his US Passport flagged so he wouldn't be able to board a plane using it but I don't know about the Philippine Passport.I can't give you any other answer regarding how she can be legally married to 2 different people other than what's already been said. The Philippines would NEVER recognize either of her US marriages because she didn't get annulment prior to either. The US recognizes the Philippine marriage and both US divorces. The Philippines will never recognize a divorce initiated by a Philippine Citizen or between two Philippine Citizens.

No, he does not have a Passport. Regardless, he knows not to board a plane without my permission.

Just thinking..... correct me if I'm wrong .... If she gave fraud documents to acquire visa prior to her first marriage, then she got here in US illegally which mean also that she violate the state law, therefore her first marriage and the rest of marriages are void since one of the requirements for marriage is must be legal to marry which mean staying in US legally.

You would think that, right? Nope..according to every lawyer that I have spoken to, according to US law, she is legally married to me as long as she stays in the US. But the question of the day is, when she goes back on Philippine soil, what marriage is valid, according to US law.

[Boiler 45,403]

That is not correct.

But if I read it correctly she never divorced he first husband, anywhere.

Edited January 25, 2012 by Boiler

[Deputy Purple 1,294]

That is not correct.

But if I read it correctly she never divorced he first husband, anywhere.

As I understood it she didn't divorce the first husband until AFTER she was in the US so the first marriage was invalid. She did get a US divorce from the first husband and the second husband before she married #3 (the OP).

[Deputy Purple 1,294]

So, when she returns to the Philippines, who is she married to, according to US law? What a quandary....

Irrelevant, once she's back in the Philippines she's a Filipino Citizen in the Philippines so US Law doesn't affect her.

Thanks. I think I will try ot contact the Attorney General.

State Attorney General has nothing to do with international law. If is federal treaties that govern if the US recognizes foreign anything...

You would think that, right? Nope..according to every lawyer that I have spoken to, according to US law, she is legally married to me as long as she stays in the US. But the question of the day is, when she goes back on Philippine soil, what marriage is valid, according to US law.

Her leaving the US doesn't invalidate your marriage to her. In fact it's only in the Philippines that she's not recognized as your wife!

[VanessaTony 3,567]

So, when she returns to the Philippines, who is she married to, according to US law? What a quandary....

Thanks. I think I will try ot contact the Attorney General.

No, he does not have a Passport. Regardless, he knows not to board a plane without my permission.

You would think that, right? Nope..according to every lawyer that I have spoken to, according to US law, she is legally married to me as long as she stays in the US. But the question of the day is, when she goes back on Philippine soil, what marriage is valid, according to US law.

Completely agree with Bob4Anna. US law is irrelevant in the Philippines. In the Philippines she is married to all her husbands. The Philippines recognises other marriages (including US ones), just not divorces, so she is guilty of bigamy.

Your son knows not to board a plane but have you explained to him how hard he should fight it? Adults rarely listen to kids they don't know. How is he going to get "free" of her to let someone know? How does he know who to talk to? Have you told him to kick and scream and tell them he is being kidnapped? What kid wants to do that to their parent (unless they're not getting that candy they want ) so he probably wouldn't. Have you got him to memorize your phone numbers so after kicking and screaming and eventually talking to officers he can give your details? Or the details of someone else to verify she can't take him?

[Tahoma 2,292]

How can she be legally married to two people at one time, no matter where you are?

^^^ Once again, by breaking state law. You can get married as many times as you want in the U.S. if you lie on the marriage application.

So, when she returns to the Philippines, who is she married to, according to US law?

..according to every lawyer that I have spoken to, according to US law, she is legally married to me as long as she stays in the US. But the question of the day is, when she goes back on Philippine soil, what marriage is valid, according to US law.

See Bob's answer below.

Irrelevant, once she's back in the Philippines she's a Filipino Citizen in the Philippines so US Law doesn't affect her.

Her leaving the US doesn't invalidate your marriage to her. In fact it's only in the Philippines that she's not recognized as your wife!

:thumbs:

[Hank_ 9,174]

That is not correct.

But if I read it correctly she never divorced he first husband, anywhere.

I believe way at the beginning of this thread it was mentioned she divorced her 1st husband when she was here in the States.... this can make a guy dizzy!!

[Tahoma 2,292]

I believe way at the beginning of this thread it was mentioned she divorced her 1st husband when she was here in the States.... this can make a guy dizzy!!

:thumbs: Yup...she divorced her first two husbands.

[dantespal 7]

This doesn't affect the OPs situation, but hopefully will correct some misinformation in this thread.

The Philippines does recognize divorce if it is done in a country that allows divorce, by the other partner.

An example for clarification. I marry a Philippine citizen in the Philippines and then we move to the U.S. We decide to divorce and I am the one to initiate the divorce. My ex-wife can then remarry freely in the Philippines because the Philippines does recognize the divorce as long as: 1. she is not the one who initiated it, and 2. it was done in a country where divorce is legal (all but about 3, i think).

If the Filipino initiated the divorce, then it is not recognized, even if it is valid in the other country. The person would have to go the annulment route.

[Deputy Purple 1,294]

This doesn't affect the OPs situation, but hopefully will correct some misinformation in this thread.

The Philippines does recognize divorce if it is done in a country that allows divorce, by the other partner.

An example for clarification. I marry a Philippine citizen in the Philippines and then we move to the U.S. We decide to divorce and I am the one to initiate the divorce. My ex-wife can then remarry freely in the Philippines because the Philippines does recognize the divorce as long as: 1. she is not the one who initiated it, and 2. it was done in a country where divorce is legal (all but about 3, i think).

If the Filipino initiated the divorce, then it is not recognized, even if it is valid in the other country. The person would have to go the annulment route.

Your wording only serves to further muddy the waters.

If the divorce is filed by the member of the marriage WHO IS NOT A FILIPINO CITIZEN then the Filipino can file for judicial recognition of the divorce and once again be free to marry.

A marriage between 2 Filipino Citizens that has been either executed in the Philippines or Reported to NSO must be Annulled for either party to be free to marry in the Philippines.

This information has been provided in several posts in this thread already.

Your use of the term "other partner" is ambiguous as it could mean that the OP's wife's first husband is now free to marry because he didn't initiate the divorce but "the other partner did" and that is incorrect.

Additionally you failed to mention the requirement of filing for Judicial Recognition of the divorce in the Philippines. Your wording kind of implies that it's automatically recognized if the divorce meets the criteria but it isn't automatic.

[dantespal 7]

You are correct.

As far as muddying the waters, they were pretty muddy to start with. And although a few people may have mentioned it, there are many posts that keep saying that the Philippines NEVER recognizes divorce.

After living in the Philippines for 4 years, i've found that understanding anything but absolutes is not very common. To point out that it IS possible for a citizen of the Philippines to be able to remarry is a good first step. Sorry if this offended you.

Your wording only serves to further muddy the waters.

If the divorce is filed by the member of the marriage WHO IS NOT A FILIPINO CITIZEN then the Filipino can file for judicial recognition of the divorce and once again be free to marry.

A marriage between 2 Filipino Citizens that has been either executed in the Philippines or Reported to NSO must be Annulled for either party to be free to marry in the Philippines.

This information has been provided in several posts in this thread already.

Your use of the term "other partner" is ambiguous as it could mean that the OP's wife's first husband is now free to marry because he didn't initiate the divorce but "the other partner did" and that is incorrect.

Additionally you failed to mention the requirement of filing for Judicial Recognition of the divorce in the Philippines. Your wording kind of implies that it's automatically recognized if the divorce meets the criteria but it isn't automatic.

[Deputy Purple 1,294]

After living in the Philippines for 4 years, i've found that understanding anything but absolutes is not very common. To point out that it IS possible for a citizen of the Philippines to be able to remarry is a good first step. Sorry if this offended you.

I wasn't offended, just needed to shore-up the missing bits as I've found that especially within Filipinos you need to be very specific. FWIW, that's not derogatory but a fact because the more vauge the information to more open it is to rehashing which seems to be very common with Filipinos and immigration to the US.

Edited January 25, 2012 by Bob 4 Anna

[ECS 3]

OK. To attempt to somewhat clear the muddy waters....here goes:

In 1964, She was born in the Philippines.

In 1982, in the Philippines, she married Mr. Phil, to become Mrs. Phil.

In 1991, she hid that marriage and married Mr. US#1, to become Mrs. US#1

In 1991, Mr and Mrs US#1 came to the US.

In 1996, She divorced her SECOND husband, Mr. US#1.

In 1997, She divorced her FIRST husband, Mr. Phil. But she used the name "Mrs. US#1" to divorce him.

In 1998, she married Mr. US#2 (me)

In 2010, I find out she was lying all this time (this among other things) and filed for divorce. But she seems to think she didnt do anything wrong and is after my assets and retirement.

She is the one to file for divorce in the first two, so as the Philippine Citizen, she is still married under Philippine law, but divorced under US law. She is being removed to the Philippines. So is she still married, to one, possibly two husbands, according to Philippine Law? Will the US honor at least one of those marriages and find hers and my marriage to be null and void? Or will the US honor her two divorces (even if she is in the Philippines) and validate hers and my marriage?

The nerve of her