US Divorce to Philippine National

[CCJ 0]

Hello,

I am a US Citizen who married a Philippine national, in the Philippines, in 2005. I petitioned my then spouse and we lived together for a few years but due to incompatibility, she has moved back to the Philippines. No children and no other properties except for our car was owned during the marriage. I have filed for divorce and have recently been approved. I realize that divorce is not recognized in the Philippines. My questions are...

1. What advantage will I gain from filing for annulment for our marriage in the Philippines?

2. Can I marry another Philippine national without the annulment - in the Philippines or here in the US?

3. Can I petition for a K-1 visa for my current Philippine national girlfriend, who is currently working in South East Asia as a OFW?

Citing laws and their interpretation would be very helpful.

Thank you in advance.

CCJ

[Jon and Gay 3]

Check link below:

http://www.lawphil.n...o_227_1987.html

and Family Code of the Philippines

http://www.chanroble...tm#.UPtl-Cc4uSo

[TBoneTX 46,445]

*** Thread moved from K-1 Process forum to Philippines regional subforum -- country-specific answers are required; OP hasn't filed for anything yet. ***

[louiep 7]

you sure there is absolutely no chance to reconcile youve spend some years together its worth something try and contact her and see if not then so be it that many years there mustve been some love there godbless

[Bron Chase 1]

Hello,

I am a US Citizen who married a Philippine national, in the Philippines, in 2005. I petitioned my then spouse and we lived together for a few years but due to incompatibility, she has moved back to the Philippines. No children and no other properties except for our car was owned during the marriage. I have filed for divorce and have recently been approved. I realize that divorce is not recognized in the Philippines. My questions are...

1. What advantage will I gain from filing for annulment for our marriage in the Philippines?

2. Can I marry another Philippine national without the annulment - in the Philippines or here in the US?

3. Can I petition for a K-1 visa for my current Philippine national girlfriend, who is currently working in South East Asia as a OFW?

Citing laws and their interpretation would be very helpful.

Thank you in advance.

CCJ

The family code of the Philippines article 26 says the filipino spouse can re-marry once you have petitioned the Philippine courts to recognize the US divorce. I would certainly imagine that this means that the foreigner is also free and clear to re-marry once the NSO records have been amended by a court order. It would be interesting to hear from someone who has actually done this. I have no idea what it takes to petition the court to recognize the divorce but popular opinion is that it's much easier than an annulment. I've heard stories of expats that live in the Philippines flying over to Guam for a couple of months so they can get divorced and come back to the Phils and marry someone else. Best of luck for your future

- Bron (Makati/Utah)

[Tahoma 2,292]

1. What advantage will I gain from filing for annulment for our marriage in the Philippines?

2. Can I marry another Philippine national without the annulment - in the Philippines or here in the US?

3. Can I petition for a K-1 visa for my current Philippine national girlfriend, who is currently working in South East Asia as a OFW?

1. You don't need to annul your marriage.

2. You can marry another Filipino outside of the Philippines without an annulment and without having your divorce recognized in a Filipino court.

You may have to have your divorce recognized by a Filipino court if you want to marry in the Philippines. If the local civil registrar requires you to submit a CENOMAR when you apply for a Filipino marriage license, it's a good bet that you will have to get your divorce recognized by a Filipino court.

3. Yes, as long as your U.S. divorce is final.