Married to a US Citizen but went back home cos marriage is not working out

[maritoni 3]

You contradicted yourself, to clarify she is is married. Philippines or US she is married.

I stand corrected:)

[loveoflife 0]

@all Ty for all your reply, But just to clarify I'm married in USA not here in the Philippines, but I did not declare my marriage in Philippines, I don't think that there still a reason for me to do that and it's not a fraud. And I'm currently living in Philippines.

[Caryh 5,206]

You need to read what I wrote again cause I never said that the marriage didn't take place. I was talking about when you get married in U.S. if you want your marriage to be recognize in the Philippines then you have to do a ROM. It is not required for you to report your marriage to the Philippines and it is not considered fraud. Just because your from another country you don't have to report everything you do in your new country to your old country. But if you want the privileges of the country of Philippines you should do a ROM and Your passport will be stamped as "Balikbayan" the next time you go to the Philippines and you don't have a 30 day stay rule but you have 1 year to be able to stay in the Philippines. Here is more information about it http://www.immigration.gov.ph/index.php/faqs/visa-inquiry/balikbayan-previlege

The marriage need not be reported to the Philippines to take advantage of the balikbayan privilege on entry.

The Philippine government does make it a requirement to report marriages abroad, but other than giving you a headache if you late file, there appears to be no trouble created by not filing. The only benefits to filing are changing your passport to your married name. Or if non-filipino spouse wishes to apply for a 13A visa in the Philippines.

[Caryh 5,206]

@all Ty for all your reply, But just to clarify I'm married in USA not here in the Philippines, but I did not declare my marriage in Philippines, I don't think that there still a reason for me to do that and it's not a fraud. And I'm currently living in Philippines.

divorcing remotely isn't going to be easy if he wants to fight it. You'll need to hire a lawyer to stand in your place, since you won't be here. Technically, you'll never get that divorce recognised, since you're filing it. But since the report of marriage abroad was never applied for, you shouldn't need that.

Here's a link to Fairfax county in Virginia. Divorce laws are set up per the state's laws, but each county may have its own forms and procedures. You may want to search out the county your husband lives in.

http://www.fairfaxcounty.gov/courts/circuit/divorce.htm

Here's a description of the types of divorce in Virginia.

http://www.vsb.org/site/publications/divorce-in-virginia/

[llindsay 21]

@all Ty for all your reply, But just to clarify I'm married in USA not here in the Philippines, but I did not declare my marriage in Philippines, I don't think that there still a reason for me to do that and it's not a fraud. And I'm currently living in Philippines.

I have sent you a email with all the information you need to get started. As long as you got married in the state of Virginia you can file your divorce wherever you like in the state of Virginia. When I got my divorce it was 3 hours away from my own city cause they was processing things faster there. I got a divorce in 4 months and paid under 500.00 for uncontested divorce. The key is hopefully your husband will be willing to get the divorce if you pay for it otherwise it will be contested and it will cost a lot more money and more headache.

Good Luck

[Boiler 45,924]

Will she not need her Husband to initiate the Divorce if she wants to re marry?

[Caryh 5,206]

Will she not need her Husband to initiate the Divorce if she wants to re marry?

As her marriage was never reported in the Philippines, she'll have no problem marrying even there. You need a clean CENOMAR (certificate of no marriage), or an annotated ended marriage CEMAR (certificate of marriage) to marry in the Philippines. On a K-1, the US embassy in Manila doesn't care if your marriage has been legally terminated in the Philippines either (as long as it was terminated elsewhere). So even had she been married there, divorced in the USA and returned to the Philippines, she could still get a K-1 visa.

Edited May 27, 2014 by Caryh

[llindsay 21]

Will she not need her Husband to initiate the Divorce if she wants to re marry?

That I do not know cause its a very sticky situation cause she is back in phil and he is assuming still in Virginia, but the lawyer I gave her should be able to help her if not then give her a name of someone who will definitely will. I'm sure there might be more to the story that is not to be put out there on VJ so all I can do is get her to someone who might be able to help her.

[Caryh 5,206]

That I do not know cause its a very sticky situation cause she is back in phil and he is assuming still in Virginia, but the lawyer I gave her should be able to help her if not then give her a name of someone who will definitely will. I'm sure there might be more to the story that is not to be put out there on VJ so all I can do is get her to someone who might be able to help her.

A USA lawyer is going to know nothing about the ins and outs of marriage laws in the Philippines. Technically she cannot get married in the Philippines, but as it was never recorded there, she falls in the loop hole where the Philippines doesn't considered her married per the NSO. And the NSO is the official records keeper. Many Filipino celebrities appear to choose marrying and divorcing in the USA (or other countries) to get around the laws in the Philippines.

[llindsay 21]

As her marriage was never reported in the Philippines, she'll have no problem marrying even there. You need a clean CENOMAR (certificate of no marriage), or an annotated ended marriage CEMAR (certificate of marriage) to marry in the Philippines. On a K-1, the US embassy in Manila doesn't care if your marriage has been legally terminated in the Philippines either (as long as it was terminated elsewhere). So even had she been married there, divorced in the USA and returned to the Philippines, she could still get a K-1 visa.

A USA lawyer is going to know nothing about the ins and outs of marriage laws in the Philippines. Technically she cannot get married in the Philippines, but as it was never recorded there, she falls in the loop hole where the Philippines doesn't considered her married per the NSO. And the NSO is the official records keeper. Many Filipino celebrities appear to choose marrying and divorcing in the USA (or other countries) to get around the laws in the Philippines.

Wow you really go back and forth with your answers. For you to say a USA lawyer is going to know nothing is crazy cause you don't know what lawyer I sent her to nor you cant speak on behalf of all usa lawyers of what they know about phil. This whole conversation has nothing to do with the phil who you keep on referring to, it has to do with her marriage in the USA and how to divorce in the USA.

[derrickmichille 55]

I also divorced in the state of Virginia and it's true an uncontested divorce by publication cost less than $500. But if I remember correctly you have to reside in the state of Virginia for at least 6 months with out children and a year with children. I Also believe to file a divorce in the state of Virginia you also have to be a current resident there. The op is living in the Philippines, so I believe only her husband at this time can file for a divorce. My divorce was finalized in December 2013;, but I started that the process in June of 2012. Virginia divorce and marriage laws can be complicated. I hope this helps the op understand what she is up against.

[derrickmichille 55]

The 6 months and the year refers to living separated in order to file a divorce in the state of Virginia. 6 months without children and one year with children. But I do know you have to be a current resident in the state of Virginia for at least 6 months to file a divorce in Virginia. (:

[llindsay 21]

I also divorced in the state of Virginia and it's true an uncontested divorce by publication cost less than $500. But if I remember correctly you have to reside in the state of Virginia for at least 6 months with out children and a year with children. I Also believe to file a divorce in the state of Virginia you also have to be a current resident there. The op is living in the Philippines, so I believe only her husband at this time can file for a divorce. My divorce was finalized in December 2013;, but I started that the process in June of 2012. Virginia divorce and marriage laws can be complicated. I hope this helps the op understand what she is up against.

Yes your right about what your saying cause I went thru it as well. That's why I said her situation is going to play a big role cause she is in the phil but hopefully her husband will cooperate. Sometimes I don't understand when things don't work out between two people why do they have to hold on and drag their feet about getting a divorce. Its like a control thing especially when your wife is from another country and they know they have very little rights as a foreigner. They gave up everything to come to another country so at least you can do is do the divorce and both of you move on with your lives.

[Leatherneck 693]

As her marriage was never reported in the Philippines, she'll have no problem marrying even there. You need a clean CENOMAR (certificate of no marriage), or an annotated ended marriage CEMAR (certificate of marriage) to marry in the Philippines. On a K-1, the US embassy in Manila doesn't care if your marriage has been legally terminated in the Philippines either (as long as it was terminated elsewhere). So even had she been married there, divorced in the USA and returned to the Philippines, she could still get a K-1 visa.

In her situation, maybe having never done the ROM would be beneficial -- thus avoiding the bureaucratic annulment nightmare. However, I'm wondering if CFO would be an issue -- considering they already have her and the first petitioner on file.

Would it be necessary to get another CFO cert/sticker, especially if the current passport were to expire before another U.S. visa were to be issued?

[Caryh 5,206]

Wow you really go back and forth with your answers. For you to say a USA lawyer is going to know nothing is crazy cause you don't know what lawyer I sent her to nor you cant speak on behalf of all usa lawyers of what they know about phil. This whole conversation has nothing to do with the phil who you keep on referring to, it has to do with her marriage in the USA and how to divorce in the USA.

So lawyers in the USA are expects about the laws in the Philippines? OK got it, good luck with that.