am filipino citizen b4 . married a usc..

[Caryh 5,206]

As far as USA law, you can get a K-1. You cannot get married in the Philippines unless you dropped your Philippines citizenship. Even then it might be a grey area. Where you may have a problem is with the CFO. They may demand your CENOMAR and then deny the stamp. If your USC spouse filed for the divorce while still a Philippines citizen, you can petition the courts to recognize the USA divorce. Then get your CEMAR annotated. You really haven't given enough information for us to know, and it sounds like you might be in one of grey areas of Philippines marriage law.

[prettymhitz 0]

we dovorced in the usa..my ex wife petitioned divorced...and it was happened before my citizenshipp

[I AM NOT THAT GUY 5,715]

Divorce is illegal in PI, so the OP is saying he got married in PI and divorced in the USA. PI will not recognize his US divorce, so he is asking about the rules. This question is a better asked in the PI forum.

Not true

Only if he's a USC (which I assume he is). If the OP was a Filipino then he would need an annulment.

Not necessarily.

Edited March 10, 2013 by The Patriot

[I AM NOT THAT GUY 5,715]

we dovorced in the usa..my ex wife petitioned divorced...and it was happened before my citizenshipp

If your wife, a USC, petitioned the divorce, you are good to go on all counts. Article 26 of the Family Code applies.

Edited March 10, 2013 by The Patriot

[VanessaTony 3,567]

If your wife, a USC, petitioned the divorce, you are good to go on all counts. Article 26 of the Family Code applies.

I am not a Filipina so I'm basing this strictly on readings here - the divorce still won't count, even if petitioned by the USC. They need to have the divorce recognised in the Philippines and there's a bit of a process involved.

[Hank_ 9,174]

Im divorced now but still my marriage in philippines stil existing...of coursed with the same woman.. We got marry in the philippines and divorced in usa... Now planning to file fiancee visa to my new girl friend .question is....what should i do to my marriage in.phiipines...is this can affect to my petition for fiancee visa to my new girlfren..although im already divorced with.thesame girl...help

Being you are talking of petitioning for a K-1 visa, you as a USC does not need to be concerned with whether the Philippines recognizes your divorce or not, EXCEPT after you are married and want to have this 2nd marriage recorded. You do not need an annulment as the Philippines does acknowledge divorce as long as the USC was the one that petitioned for the divorce in the USA, but they will want to see the decree down the road.

For now regarding the K-1 petition process you have no concerns, USCIS will want a certified copy of your divorce of course and CFO will want to see a copy later. In the Philippines for the K-1 visa process everything is about your Fiancee. Read the GUIDES (links at the top of this page) for the K-1 petition process.

[Caryh 5,206]

For a K-1, The USC need only be free to marry by the laws of the USA. Your divorce meets that. The foreign national must be free to marry by their countries laws, and the laws in the USA where the marriage will occur. So getting a K-1 shouldn't be an issue.

The CFO could be an issue. They may require your CENOMAR which will show you as married. They may or may not accept your USA divorce. If your spouse was a Philippines citizen at the time as you were, your divorce cannot be legally recognized. If you filed for divorce as a Philippine citizen it cannot be legally recognized there. They may just view you as a divorced American, divorce decree is enough, they may require that you get the divorce recognized in the Philippines first because you were a citizen of there when the divorce occurred. The CFO will want to know about your previous marriages before that CFO certificate and stamp is issued to her. What they will do about is anyone's guess, as the CFO has been know to pull pretty weird stunts at times.

[Hank_ 9,174]

Doubt CFO will want a CENOMAR from the USC (even if he was a Philippine citizen at one time) but like said they will want to see a copy of his divorce decree, they will ask for a copy the CENOMAR from the Filipina.

[I AM NOT THAT GUY 5,715]

I am not a Filipina so I'm basing this strictly on readings here - the divorce still won't count, even if petitioned by the USC. They need to have the divorce recognised in the Philippines and there's a bit of a process involved.

Doubt CFO will want a CENOMAR from the USC (even if he was a Philippine citizen at one time) but like said they will want to see a copy of his divorce decree, they will ask for a copy the CENOMAR from the Filipina.

For a K-1, The USC need only be free to marry by the laws of the USA. Your divorce meets that. The foreign national must be free to marry by their countries laws, and the laws in the USA where the marriage will occur. So getting a K-1 shouldn't be an issue.

The CFO could be an issue. They may require your CENOMAR which will show you as married. They may or may not accept your USA divorce. If your spouse was a Philippines citizen at the time as you were, your divorce cannot be legally recognized. If you filed for divorce as a Philippine citizen it cannot be legally recognized there. They may just view you as a divorced American, divorce decree is enough, they may require that you get the divorce recognized in the Philippines first because you were a citizen of there when the divorce occurred. The CFO will want to know about your previous marriages before that CFO certificate and stamp is issued to her. What they will do about is anyone's guess, as the CFO has been know to pull pretty weird stunts at times.

The CFO cannot step outside the bounds of Article 26 of the Family Code of the Philippines.

[mik2012 17]

You are a USC now, they will not ask for a CENOMAR for him. They will only ask for the CENOMAR for his bride to be since he is not the one being petitioned. Since he is applying as an USC and has a valid divorce from the United States it is a mute point. Now if he intends to get married in the Philippines then he would have an issue because he was not annulled and it would show he now has two wives under there laws.

Edited March 10, 2013 by mik2012