K-1 denied for marriage in Philippines

[brenkim 0]

#1 If you filed for your ex and it has been less that 10yrs you will be denied. i the marriage was in the Philippines then you have a bigger issue as they only grant divorces for 4 reasons and you get an annulment not a divorce good luck

exactly what am i wrong about? he said he was divorce and that he had filed for his ex. well im certain there is a time limit on how often you can file for someone so im stating that if it has not been 10yrs unless that time limit has been changed he will be denied. and if its the person in the philippines that needs to get A DIVORCE THEN GOOD LUCK:

Marriage Annulment & Divorce in the Philippines

POSTED BY DAVE ON FRIDAY, FEBRUARY 20TH, 2009

1 – My wife and I are Filipino citizens living overseas can we obtain a divorce in our country of residence?

Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.

2- I am Filipina married to an American citizen. My husband obtained a divorce in the USA, am I now allowed to remarry?

No, divorce is not recognized in the Philippines. But this is a special circumstance which is covered by the Family Code of the Philippines:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

Based on this the Filipino Citizen may now apply to have the foreign divorce validated by the courts of the Philippines and may marry again. To do this, the petitioner must show that the divorce was obtained in conformity of the foreign laws of the country of the foreign citizen.

[lovehubby 0]

Hi everyone,

I am in canada in ontario state. I went OPP(ontario police party) they said they will give u criminal record check certificate just only valid for one day only.

Here in canada two type of PCC (1) criminal record check and (2) police record check . So i m confused which one we will need in IV packet.

And they said u need criminal record check and it is only valid for just one day when it will issue what a ####### this is ?????

Can you please give me information which one PCC is require because it just only valid for one day how is it possible ?????????

[Angkorwat 0]

Same here. I was Married to a Women in Cambodia Jan 2007 . We both end our relationship together in Nov 2010. I went to Married consoling and therapy there as well after done counseling there I can get married again i was feeling so exited . I call my aunt over sea. Help finding me a wife. That's was her neighbor they have one single daughter. She decied talk to me over the phone. So I went to visit her stay with her home mostly times getting to know her sibling and her aunt and uncle cousin. They so nice good people. I stay over there in 4 weelks there so enjoy being my fiancée. I missed a lot she cry many time I was depart back home. I had tears down my nose. My final divorce decree was recived on APRIL 2011. I did start calling my recent fiancée. I'am free to marry again so we shype 24 hours non stop. I sent money for her English class. I did visit her again on Nov 2011. It was her birthday I had arrange a birthday party for her. Came back to America start up the K-1 process 8 month my application got approve for petition to Marry her so my big big mistake not flying over there and give her support there damn forgot to sent her a divorce decree they give a hard time there. I feel very angry at them interviewer thing's we're not treat it fairly.

[Caryh 5,206]

You are wrong because both are US citizens at the time of divorce. And nowhere anywhere is there a must be divorced 10 years before petitioning requirement.

Yes the USC marry a Philippine citizen in the Philippines. The Philippines limitations on divorce do not pertain to him in any manner, as he is a USA citizen. So was his ex spouse at the time of the divorce filing. Either of them can go to the Philippines and legally marry someone even if they have a marriage record with the NSO. They only need to show they are USC and have a divorce decree.

The laws you are referring pertain to Philippines citizens, which the OP is not. And you being certain about something, does not mean you're correct.

exactly what am i wrong about? he said he was divorce and that he had filed for his ex. well im certain there is a time limit on how often you can file for someone so im stating that if it has not been 10yrs unless that time limit has been changed he will be denied. and if its the person in the philippines that needs to get A DIVORCE THEN GOOD LUCK:

Marriage Annulment & Divorce in the Philippines

POSTED BY DAVE ON FRIDAY, FEBRUARY 20TH, 2009

1 – My wife and I are Filipino citizens living overseas can we obtain a divorce in our country of residence?

Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.

2- I am Filipina married to an American citizen. My husband obtained a divorce in the USA, am I now allowed to remarry?

No, divorce is not recognized in the Philippines. But this is a special circumstance which is covered by the Family Code of the Philippines:

Based on this the Filipino Citizen may now apply to have the foreign divorce validated by the courts of the Philippines and may marry again. To do this, the petitioner must show that the divorce was obtained in conformity of the foreign laws of the country of the foreign citizen.

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

[Girl from Celebes 588]

Hi everyone,

I am in canada in ontario state. I went OPP(ontario police party) they said they will give u criminal record check certificate just only valid for one day only.

Here in canada two type of PCC (1) criminal record check and (2) police record check . So i m confused which one we will need in IV packet.

And they said u need criminal record check and it is only valid for just one day when it will issue what a ####### this is ?????

Can you please give me information which one PCC is require because it just only valid for one day how is it possible ?????????

Please, don't hijack this thread. Make your own. I know you posted here because it is on hot topic and almost everyone is reading now and you have a chance people will answer your question. But it doesn't mean you can post your unrelated question topic here.

[Jon and Krissy 452]

Exactly what are you wrong about? Everything, in this context. See post #30. The 10

year limit is something you MADE UP. You obviously have NO IDEA what you are taking about.

exactly what am i wrong about? he said he was divorce and that he had filed for his ex. well im certain there is a time limit on how often you can file for someone so im stating that if it has not been 10yrs unless that time limit has been changed he will be denied. and if its the person in the philippines that needs to get A DIVORCE THEN GOOD LUCK:

Marriage Annulment & Divorce in the Philippines

POSTED BY DAVE ON FRIDAY, FEBRUARY 20TH, 2009

1 – My wife and I are Filipino citizens living overseas can we obtain a divorce in our country of residence?

Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.

2- I am Filipina married to an American citizen. My husband obtained a divorce in the USA, am I now allowed to remarry?

No, divorce is not recognized in the Philippines. But this is a special circumstance which is covered by the Family Code of the Philippines:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

Based on this the Filipino Citizen may now apply to have the foreign divorce validated by the courts of the Philippines and may marry again. To do this, the petitioner must show that the divorce was obtained in conformity of the foreign laws of the country of the foreign citizen.

[brenkim 0]

exactly what am i wrong about? he said he was divorce and that he had filed for his ex. well im certain there is a time limit on how often you can file for someone so im stating that if it has not been 10yrs unless that time limit has been changed he will be denied. and if its the person in the philippines that needs to get A DIVORCE THEN GOOD LUCK:

Marriage Annulment & Divorce in the Philippines

POSTED BY DAVE ON FRIDAY, FEBRUARY 20TH, 2009

1 – My wife and I are Filipino citizens living overseas can we obtain a divorce in our country of residence?

Divorce is not acknowledged under the laws of the Philippines. Filipino citizens, no matter what their country of residence must follow the procedure indicated in the Family Code of the Philippines to have their marriage nullified or voided by filing a Petition of Annulment of Marriage before the pertinent Office of the Executive Clerk of Court of the Regional Court.

2- I am Filipina married to an American citizen. My husband obtained a divorce in the USA, am I now allowed to remarry?

No, divorce is not recognized in the Philippines. But this is a special circumstance which is covered by the Family Code of the Philippines:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

Based on this the Filipino Citizen may now apply to have the foreign divorce validated by the courts of the Philippines and may marry again. To do this, the petitioner must show that the divorce was obtained in conformity of the foreign laws of the country of the foreign citizen.

[brenkim 0]

you obviously not paying attention to what im say. # 1 I said IF the person seeking the divorce is Philipino. good luck, they DO NOT grant divorce only Annulments and for only about four reasons so your spouse could try to kill you and thats not grounds. #2 Do your homework check with USCIS. He said he filed for his Ex. What i said was if it has been less than 10 yrs since he filed for his EX not since he divorced her then he will be denied. unless that law has change it was instituted due to fraud.

Edited November 5, 2013 by brenkim

[Jon and Krissy 452]

1) You never said anything about "if the person seeking the divorce is Philipino. [sic]." Here is what you said:

#1 If you filed for your ex and it has been less that 10yrs you will be denied. i the marriage was in the Philippines then you have a bigger issue as they only grant divorces for 4 reasons and you get an annulment not a divorce good luck

Nothing there about the person seeking the divorce being Filipino. Which brings me to:

you obviously not paying attention to what im say. # 1 I said IF the person seeking the divorce is Philipino. good luck, they DO NOT grant divorce only Annulments and for only about four reasons so your spouse could try to kill you and thats not grounds. #2 Do your homework check with USCIS. He said he filed for his Ex. What i said was if it has been less than 10 yrs since he filed for his EX not since he divorced her then he will be denied. unless that law has change it was instituted due to fraud.

You're telling me to 'do my homework'? Take your own advice, pal. There is no 10 year rule. This is something you made up, apparently. You have no idea what you are talking about. Show me this mythical rule anywhere other than in your mind, ok? Well you won't, because you can't, since it doesn't exist. Get a clue.

[Caryh 5,206]

you obviously not paying attention to what im say. # 1 I said IF the person seeking the divorce is Philipino. good luck, they DO NOT grant divorce only Annulments and for only about four reasons so your spouse could try to kill you and thats not grounds. #2 Do your homework check with USCIS. He said he filed for his Ex. What i said was if it has been less than 10 yrs since he filed for his EX not since he divorced her then he will be denied. unless that law has change it was instituted due to fraud.

You apparently have a reading comprehension issue on this thread. No one is seeking a divorce, the USC has already gotten a divorce in the USA from a Filipina he married in the Philippines. His current Filipina fiancee is concerned USCIS will reject a K-1 petition because he once married in the Philippines. That simply is not true, its not what the Philippine Family Code says or how the Philippine legal system looks at it, and its not how USCIS or the Manila embassy looks at it. The 10 year thing you apparently pulled out of your butt, because nowhere in Philippines law or USA law is there some magical 10 year clause on what ever you seem to think is correct. You've never said what it is, instead say because of 10 years they will be rejected.

Quit giving advice on things you know absolutely nothing about. You are hurting real people's lives with these totally made up rules which even you can't define but some how think you know. If your reading comprehension was is as poor reading the laws, as it is with understanding the situation of the OP, its no wonder you're giving totally incorrect advice.

[brenkim 0]

What i said was IF the marriage was in the Pilippines. or cant you read.

[Caryh 5,206]

What i said was IF the marriage was in the Pilippines. or cant you read.

I read perfectly fine, which is why I and many others could give the OP valid information.

Below is what you told the op.

#1 If you filed for your ex and it has been less that 10yrs you will be denied. i the marriage was in the Philippines then you have a bigger issue as they only grant divorces for 4 reasons and you get an annulment not a divorce good luck

Number 1 you told the op he would be denied because its less than 10 years.

Number 2 you told the op, a USC, he must get an annulment in the Philippines.

Neither is correct, but yet you cling to this idea you are not giving incorrect and harmful advice to people.

[Jon and Krissy 452]

What i said was IF the marriage was in the Pilippines. or cant you read.

What point, specifically, are you addressing with your pointless one-liner?

It is irrelevant where the marriage took place, as has been detailed numerous times in this thread, provided that the person filing the divorce in the U.S. is a U.S. citizen at the time the divorce was filed. End of.

I'd once more tell you to get a clue, but the chances of that happening are apparently non-existent.

Do you enjoy being wrong over and over again on this forum, and being called out on it, over and over? As the previous poster said, quit giving erroneous advice. You have no idea what you're talking about. This forum exists to assist people with immigration questions and issues, not to give them rubbish, incorrect advice. An honest mistake is one thing, intentional repetition of bad information is another.

[yangsther 1]

I don't think there will be an issue for that. as long as you have your divorce paperwork to show them. you should be ok