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Filed: K-1 Visa Country: Philippines
Timeline
Posted

i have a friend who wants to go back to the Philippines w her fiance and she already have a 10 yr green card.

and they want to get married in the Philippines for the brides family to wittiness and be there for there special day..

are they gonna be legally married when they come back to the us?

do they need to apply for a marriage license?

hope you can answer this question!! thanks

Posted

They will be considered married in the US and Philippines along with other countries.

They will need to apply for a Philippines marriage License which takes 10 days.

Later they can request the Marriage Certificate through NSO.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

Filed: IR-1/CR-1 Visa Country: Serbia
Timeline
Posted

i have a friend who wants to go back to the Philippines w her fiance and she already have a 10 yr green card.

and they want to get married in the Philippines for the brides family to wittiness and be there for there special day..

are they gonna be legally married when they come back to the us?

do they need to apply for a marriage license?

hope you can answer this question!! thanks

Not sure about the Phillipines, but I got married in Serbia and it is recognized by the USA....

06/02/12 Married

USCIS

09/17/12 I-130 sent
09/21/12 NOA1 recieved via e-mail (CSC)

09/27/12 NOA1 hardcopy recieved
09/27/12 Case transferred to another office for processing (Jurisdiction)
10/03/12 Received notice of transfer. Transferred to NBC in Missouri
10/03/12 Checked USCIS.gov/Notice of transfer to another USCIS office for processing
12/19/12 NOA2!!!!!

01/07/2013 NVC recieves the case
01/24/2013 Got the Case and IIN #
01/24/2012 E-mailed DS-3032


01/24/2013 AOS bill invoiced
02/07/2013 DS-3032 e-mail accepted
04/15/2013 AOS and IV fees payed

05/15/2013 AOS and IV packages sent

05/29/2013 CASE COMPLETE

06/04/2013 Interview date set for July 30th 2013

07/27/2013 Medical completed

07/30/2013 Interview APPROVED!!!!!

event.png

Posted (edited)

Your friend may not be able to petition their spouse until your friend becomes a US Citizen. That may be an issue.

If your friend has been in the USA with Green card for 5 years, then he or she should obtain citizenship as soon as possible and then apply for I-130.

Good luck.

Edited by bestofboston
Posted

Your friend may not be able to petition their spouse until your friend becomes a US Citizen. That may be an issue.

If your friend has been in the USA with Green card for 5 years, then he or she should obtain citizenship as soon as possible and then apply for I-130.

Good luck.

all though not clear. It seems the fiance is a US Citizen - if that is not the case then yes then there woudl be an issue.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

Posted

my assumption is correct.

BTW: my post is from personal experience. We got married in Sep 2008 in Manila.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

Posted

Where did your friend get married?

Below are posts from VJ member Pinay Wife from this thread:

1) If marriage was solemnized abroad, foreign divorce will be recognized in the Philippines (even if initiated by the Filipino citizen) after Judicial Recognition of a Foreign Divorce Decree is granted.

2) If marriage was solemnized in the Philippines, foreign divorce will only be recognized if initiated by the foreign spouse, but will not be recognized if initiated by the Filipino citizen.

Our annulment laws are complicated, as you will see below:

1) If the Filipino citizen gets married in the U.S., and then gets divorced in the U.S., and it was the Filipino citizen who initiated the divorce, Philippines has no choice but to recognize the divorce. Philippine courts have NO JURISDICTION over the US marriage because Filipino citizen married under US laws. Only US courts can dissolve a US marriage. There is no basis for filing an annulment in the PI because the Philippines has no jurisdiction. No Philippine court will hear the case. In this regard, Filipino citizen can marry either in the PI or the US, as long as the US divorce is final. As far as the Philippines is concerned, if its citizen married in the US, then US laws apply. Since divorce is legal in the US, then the Philippines has to recognize US laws even if the party involved is a Filipino citizen.

2) If the Filipino citizen gets married in the Philippines, and then gets divorced in the US, and it was the Filipino citizen who initiated divorce, it will not be recognized in the PI. However, if the Filipino citizen has naturalized at time of filing/granting of divorce, then the divorce will be recognized in the PI. If petitioner, on the other hand, was Filipino citizen at time of filing, and then has become a US citizen by the time divorce was granted, divorce will not be recognized.

3) If Filipino citizen gets married in the Philippines, and then gets divorced in the US, and the US spouse initiated divorce, the Filipino spouse needs to file a Judicial Recognition of a Foreign Divorce Decree if she wants to marry in the PI again. Judicial Recognition not required if re-marrying in another country.

Here's a website which talks about Judicial Recognition of a Foreign Divorce and about annulment: My link.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

**** Moving from CR-1 to Philippines forum as no visa will be involved ****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

Where did your friend get married?

Below are posts from VJ member Pinay Wife from this thread:

1) If marriage was solemnized abroad, foreign divorce will be recognized in the Philippines (even if initiated by the Filipino citizen) after Judicial Recognition of a Foreign Divorce Decree is granted.

2) If marriage was solemnized in the Philippines, foreign divorce will only be recognized if initiated by the foreign spouse, but will not be recognized if initiated by the Filipino citizen.

Our annulment laws are complicated, as you will see below:

1) If the Filipino citizen gets married in the U.S., and then gets divorced in the U.S., and it was the Filipino citizen who initiated the divorce, Philippines has no choice but to recognize the divorce. Philippine courts have NO JURISDICTION over the US marriage because Filipino citizen married under US laws. Only US courts can dissolve a US marriage. There is no basis for filing an annulment in the PI because the Philippines has no jurisdiction. No Philippine court will hear the case. In this regard, Filipino citizen can marry either in the PI or the US, as long as the US divorce is final. As far as the Philippines is concerned, if its citizen married in the US, then US laws apply. Since divorce is legal in the US, then the Philippines has to recognize US laws even if the party involved is a Filipino citizen.

2) If the Filipino citizen gets married in the Philippines, and then gets divorced in the US, and it was the Filipino citizen who initiated divorce, it will not be recognized in the PI. However, if the Filipino citizen has naturalized at time of filing/granting of divorce, then the divorce will be recognized in the PI. If petitioner, on the other hand, was Filipino citizen at time of filing, and then has become a US citizen by the time divorce was granted, divorce will not be recognized.

3) If Filipino citizen gets married in the Philippines, and then gets divorced in the US, and the US spouse initiated divorce, the Filipino spouse needs to file a Judicial Recognition of a Foreign Divorce Decree if she wants to marry in the PI again. Judicial Recognition not required if re-marrying in another country.

Here's a website which talks about Judicial Recognition of a Foreign Divorce and about annulment: My link.

That's what I see as the big question. Will the marriage be legal in the Philippines all depends on if the marriage was reported to the Philippines and who filed for the divorce? An unreported marriage, shouldn't really affect her in the Philippines, because the NSO would still see her as single.

If she can legally marry in the Philippines, its legal in the USA.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Thanks guys they are planning for another wedding her in the states for the grooms family aNd friends.. My question is what are the requirements to get a marriage lisence? She googled it and it says they still need to do counseling and it will take 10 days to process there only staying there for 2 weeks is there any way to get marriage license right away? Or can my friends mom Bettye wedding license for them? There getting married January of next yr

Posted

It takes 10 days to get the license. There is counseling also that needs to happen and that happens during the process of getting the license.

You may run into fixers who say they can get the license faster but is it real. You hate to have to come back to the Philippines once you return to the US to correct something.

Also what is the age of the lady. If under 25 there are further requirements.

Then if its a church wedding there are requirements for that. If its civil you will need a judge. In our case it took 2 weeks to get scheduled after we got the license.

Just a thought. Can you get married in the US and do a renewal of the vows ceremony in Phil? That removes the issue of getting the license on a 2 week trip.

Love forever,

Dale & Trisha

Married: 9/29/2008

K3 Visa

POE-MSP: 3/13/2009

AOS/EAD

Greencard received: 08/29/2009

Removal of Conditions:

Approved: 10/20/2011

Citizenship

9/19/2012

Posted

It takes 10 days to get the license. There is counseling also that needs to happen and that happens during the process of getting the license.

You may run into fixers who say they can get the license faster but is it real. You hate to have to come back to the Philippines once you return to the US to correct something.

Also what is the age of the lady. If under 25 there are further requirements.

Then if its a church wedding there are requirements for that. If its civil you will need a judge. In our case it took 2 weeks to get scheduled after we got the license.

Just a thought. Can you get married in the US and do a renewal of the vows ceremony in Phil? That removes the issue of getting the license on a 2 week trip.

Counseling is only for woman under 25 years old.

 
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