Desertion by Spouse

[Boiler 46,362]

Sounds like a return to PI is unlikely.

[alone1 1]

I think she is hunting bigger and richer game.

[LUAL 43]

Man... are you seriously contacting visajourney for this? I feel bad for you! Do not spend more money for that W...ife...

[issha2lynden 77]

If you divorce her and forward it to NSO Manila it will be recognized. YEP it will be. The foreign law is recognized above the Philippines existing law about marital divorce.

[raven52 233]

I am married to a Filipino, and have a wonderful marriage.

But, I see more and more of these Filipino women doing this same thing.,.,.,.,ripping guys off!!!

Guys, all you Filipino applicants.,,..,,how much time have you spent with your, to be, one.,.,especially in the Philippines.,.,.,..,

I was there over a year with mine..,.,.,,.I KNEW HER well.,.,.,.,I had no doubts. It is as it was there.

I feel some guys are just falling in love with a pretty face, and not seeing the heart! And not looking at all the picture.,.,,.,her family, around you and many other things.

[tuckin14 58]

First, I'm wondering why you care about recognition of the divorce in the Philippines. Isn't that her problem? My opinion would be that no matter how badly she screwed you over, I'd still cooperate in getting a divorce the way she needs it but if she doesn't even want to communicate, it's not your issue.

Just divorce her.

When it comes time for ROC, it does seem weird that you will be totally out of the loop, but what will she have? Keep in mind though that you can submit information to USCIS. You won't be able to be sure how much weight they will give it, but you can mail them a copy of the affidavit of non-consumation, or go to InfoPass and hand it to them. And anything else you want to tell them.

[Caryh 5,206]

From my reading a divorce is only recognized if the foreign spouse divorces the Philippine national., not the other way around . It also has to be by fault, a no fault divorce is not recognized. This is all in regard to the Philippine government of course..

The reason for the divorce does not matter to the Philippines. The only thing that matters is the filing for the divorce was by the non-filipino, and was given properly per the laws in the location that the divorce was given. I think you're also of the mistaken belief that would make her status in the USA and the rest of the world as married. The only country that would recognize her as still married after a divorce she filed for is the Philippines. She would be free to marry in any other country.

[GaryKO 49]

The reason for the divorce does not matter to the Philippines. The only thing that matters is the filing for the divorce was by the non-filipino, and was given properly per the laws in the location that the divorce was given. I think you're also of the mistaken belief that would make her status in the USA and the rest of the world as married. The only country that would recognize her as still married after a divorce she filed for is the Philippines. She would be free to marry in any other country.

What she can do and what is legal for her to do is two different things. A US divorce does not make her marriage contract in the PH go away. Since she is a Filipino citizen married in the PH, she is subject to Filipino law anywhere in the world. Can she get remarried in the USA, yeah she can because you do not need to prove your divorced, or free to marry here. Can she do it legally, NO, because you must be free to marry and she would still married in the PH until she has the courts there to recongnize her divorce .. This would present a problem if she tried to marry and apply for another visa based on marriage. The Philippines is the only country that this is true, and USCIS knows this.

[Boiler 46,362]

What she can do and what is legal for her to do is two different things. A US divorce does not make her marriage contract in the PH go away. Since she is a Filipino citizen married in the PH, she is subject to Filipino law anywhere in the world. Can she get remarried in the USA, yeah she can because you do not need to prove your divorced, or free to marry here. Can she do it legally, NO, because you must be free to marry and she would still married in the PH until she has the courts there to recognize her divorce .. This would present a problem if she tried to marry and apply for another visa based on marriage. The Philippines is the only country that this is true, and USCIS knows this.

Embarrassingly wrong.

[GaryKO 49]

Embarrassingly wrong.

Marry a divorced Filipino citizen in the USA that was married in the Philippines, then apply for a I-130 visa for her, and let me know how that works out....been there and done that.

Edited August 11, 2014 by GaryKO

[Boiler 46,362]

Judging from what I have see on VJ, PI would be the last place I would look.

[Caryh 5,206]

Marry a divorced Filipino citizen in the USA that was married in the Philippines, then apply for a I-130 visa for her, and let me know how that works out....been there and done that.

There is no issue with a bringing a Filipina divorced in any other country to the USA on a K-1 visa from the Philippines. She then can legally marry in the USA. If you had a denial on an I-130 due to divorce outside the Philippines not being recognized, it was improperly denied, something else was the problem or for some reason she returned to the Philippines for the interview and a CEMAR was required.

Judging from what I have see on VJ, PI would be the last place I would look.

That's because you only see the failed cases.

[GaryKO 49]

There is no issue with a bringing a Filipina divorced in any other country to the USA on a K-1 visa from the Philippines. She then can legally marry in the USA. If you had a denial on an I-130 due to divorce outside the Philippines not being recognized, it was improperly denied, something else was the problem or for some reason she returned to the Philippines for the interview and a CEMAR was required.

That's because you only see the failed cases.

My comment was to the OP situation. He married a Filipino citizen in the Philippines. If they get a divorce in the USA, he will be divorced from her, but she will still be married to him because she is a citizen of the Philippines, and then what she can do legally, if she does marry another US citizen.

The key words here are "citizen of the Philippines". There is no divorce in the Philippines. No matter where she lives and who granted the divorce, She is still legally married according to Philippine law. She cannot legally be married again in the USA or any other country until, she has her marriage annulled, recognized by the courts in the PH, or is no longer a citizen of the PH. Then she will be free to marry again.

What happens most of the time, is the Filipino citizen waits until they are granted a 10 yr. card and the USCIS is out of the picture to get married again. Then when they become a US citizen the marriage in the PH is no longer valid. Here in the USA, they are considered married and all is ok.

The problem getting married again while the marriage in the Philippines is still on the books is if the couple goes back to the PH to visit, or live. The Filipino citizen can be arrested for a bigamous marriage, and the non citizen could be deported, banned from entry into the PH again. This can happen and does happen, all its takes is for the first spouse to file a NBI complaint.

No there is no issue bringing a divorced Filipina to the USA as long as she can prove she is free to marry , if she is already in the USA on a 2yr. visa "divorced", and is out of status then she will most likey need to return to the PH get her divorce recognized there, before another visa can be approved.

[Boiler 46,362]

What 2 year Visa?

[GaryKO 49]

A CR-1 visa.