Divorced in US but marriage not annuled in Philippines

[hgl 2]

hi!

I have seen a similar topic before so my apology if this has to go one more round again.

My ex wife and I are married in the Philippines in 2003. We got divorced almost 4 years ago here in the U.S. The divorced was final from US court in 2010. My wife already married to another man, a USC. Both of us are green card holders for almost a year now and residing presently in the US.

I have a fiancee (single and never married) in Philippines but could not marry her in Philippine soil because divorced is not recognized and annulment is very expensive and lengthy process.

Would it be a good idea if I obtain a US citizenship later on and get a K-1 visa for my fiancee? Would that be a problem on my fiancée in US embassy in Manila or in Commissions on Filipinos Overseas seminars, Interviews because I am still legally married in Philippines?

Thanks for your input.

Edited August 16, 2014 by hgl

[Pitaya 2,577]

~Moved from K1 process to Phil. Regional Forum~

~Inquiry is country-specific~

[malenliam 18]

You have the same case with my friend's second husband but her second husband and ex wife got divorced in Canada. What you need to do to make everything clean is to bring your divorce paper in the philippines ..hire an attorney..and to null your marriage at NSO. NO need for annulment process since you have the divorce papers. I think its faster processing that annulment. Its better to clear everything here before doing the process. Since you plan to waiy for your Citizenship.

[S_R 148]

You need to be single to file for K1. You better start the lengthy process as soon as possible.

[Ed and Gina 45]

Regardless of where you married...you and your wife divorced in the US. When you go to the PI to meet your fiance, take your Certificate of Divorce with you to the US Embassy. You are free and clear to re-marry. If your ex-wife was able to remarry without getting an annulment, which it seems that she didn't because you would have been contacted about it then, you are also free to remarry. You're a GC holder....not yet a citizen...is that correct? Regardless, I don't think that you need to have your previous marriage annulled in the PI. Expect a long wait, though. As an LPR, you're liable to have a longer wait than a USC...a little bit, anyway.

If your wife did have to get an annulment before getting re-married then, your marriage is already annulled. As long as you have a divorce decree from the US and you are an LPR of the US...that should do it.

Someone else here may have had a similar experience and have more insight on this.

Best of luck!!!

[bendinlar 16]

If you and your ex were both still Filipinos, not dual citizens, then the Philippines won't recognise the divorce.

A K-1 is only available to us citizens, not lpr's.

Options that seem to be open-

Get citizenship, go for the k-1. As far as I know, the divorce will hold up at the USCIS and usem.

Try to see if you can get the nso to take the divorce - long shot.

Get your citizenship, but don't do the dual citizenship, get the affidavit in leau of legal capacity to marry from the us embassy, get married in the Philippines. Go for cr-1. Do the dual citizenship later if you so desire.

Get married in a third country. This seemed easiest to me. Don't know if it accually is or not. Report the marriage to the embassy or consulate that has jurisdiction over the place the marriage took place.

Look for a filipina in the us. < JK, that's bogus and I know it.

Others with more detailed experience will be around shortly. I'm just spitballing.

[Hank_ 9,174]

hi!

I have seen a similar topic before so my apology if this has to go one more round again.

My ex wife and I are married in the Philippines in 2003. We got divorced almost 4 years ago here in the U.S. The divorced was final from US court in 2010. My wife already married to another man, a USC. Both of us are green card holders for almost a year now and residing presently in the US.

I have a fiancee (single and never married) in Philippines but could not marry her in Philippine soil because divorced is not recognized and annulment is very expensive and lengthy process.

Would it be a good idea if I obtain a US citizenship later on and get a K-1 visa for my fiancee? Would that be a problem on my fiancée in US embassy in Manila or in Commissions on Filipinos Overseas seminars, Interviews because I am still legally married in Philippines?

Thanks for your input.

You can not get your divorce recorded in the Philippines as they only accept divorces if the foreign citizen was the petitioner of the divorce, being neither of you were a foreign citizen (in this case USC) by passing the annulment process isn't possible. So marriage in the Philippines isn't possible for you without completing the annulment process.

Yes, the best way for you to marry your fiancee is to complete your citizenship, THEN apply for a K-1 visa.

http://www.uscis.gov/i-129f

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.

  2. If you prove that the requirement to meet would result in extreme hardship to you.

[Hank_ 9,174]

You have the same case with my friend's second husband but her second husband and ex wife got divorced in Canada. What you need to do to make everything clean is to bring your divorce paper in the philippines ..hire an attorney..and to null your marriage at NSO. NO need for annulment process since you have the divorce papers. I think its faster processing that annulment. Its better to clear everything here before doing the process. Since you plan to waiy for your Citizenship.

In this case you refer to were both people LPR or was one a Canadian citizen? Philippines will only accept a divorce if petitioned by the foreign citizen.

You need to be single to file for K1. You better start the lengthy process as soon as possible.

He is single, just not a USC. All he needs to do is complete his citizenship.

Regardless of where you married...you and your wife divorced in the US. When you go to the PI to meet your fiance, take your Certificate of Divorce with you to the US Embassy. You are free and clear to re-marry. If your ex-wife was able to remarry without getting an annulment, which it seems that she didn't because you would have been contacted about it then, you are also free to remarry. You're a GC holder....not yet a citizen...is that correct? Regardless, I don't think that you need to have your previous marriage annulled in the PI. Expect a long wait, though. As an LPR, you're liable to have a longer wait than a USC...a little bit, anyway.

If your wife did have to get an annulment before getting re-married then, your marriage is already annulled. As long as you have a divorce decree from the US and you are an LPR of the US...that should do it.

Someone else here may have had a similar experience and have more insight on this.

Best of luck!!!

What good does taking his certificate of divorce to the embassy, he still can't get married in the Philippines as NSO records show him as being married already? Getting married in the Philippines without doing the annulment process is not possible.

Their only option without completing an annulment is for him to get his citizenship and go the K-1 route.

[Hank_ 9,174]

If you and your ex were both still Filipinos, not dual citizens, then the Philippines won't recognise the divorce.

A K-1 is only available to us citizens, not lpr's.

Options that seem to be open-

Get citizenship, go for the k-1. As far as I know, the divorce will hold up at the USCIS and usem.

Try to see if you can get the nso to take the divorce - long shot.

Get your citizenship, but don't do the dual citizenship, get the affidavit in leau of legal capacity to marry from the us embassy, get married in the Philippines. Go for cr-1. Do the dual citizenship later if you so desire.

Get married in a third country. This seemed easiest to me. Don't know if it accually is or not. Report the marriage to the embassy or consulate that has jurisdiction over the place the marriage took place.

Look for a filipina in the us. < JK, that's bogus and I know it.

Others with more detailed experience will be around shortly. I'm just spitballing.

Huh?!! Your suggestion is for him to get his citizenship, THEN get married in the Philippines, even then he is still LEGALLY married to his EX according to Philippines law. He can't get married in the Philippines LEGALLY without an annulment. Dual citizen, no dual citizenship doesn't matter, legally he is still married to his EX by Philippine law.

Get married in a third country seems easiest? You must really live a complicated life if that is the easy idea.

Easiest solution is - get his U.S. citizenship, do the K-1 visa route, USCIS and USEM will not ZERO issue accepting his divorce decree.

If he never gets the annulment then one day decides to live in the Philippines again this could, potentially, come to bite him in the butt.

[bendinlar 16]

Yeah, I was bored. I don't really have the knowledge or experience to be dropping advice on some of the more difficult situations people find themselves in here. Shouldn't be spitballing in the museum. :/

Sounded like a good idea in my head. Figured it might be a way around the cenomar requirement at the LCR.

I'm just gonna stick to what I know in the future.

To the OP > Yeah. What hank said.

[hgl 2]

You can not get your divorce recorded in the Philippines as they only accept divorces if the foreign citizen was the petitioner of the divorce, being neither of you were a foreign citizen (in this case USC) by passing the annulment process isn't possible. So marriage in the Philippines isn't possible for you without completing the annulment process.

Yes, the best way for you to marry your fiancee is to complete your citizenship, THEN apply for a K-1 visa.

http://www.uscis.gov/i-129f

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.

  2. If you prove that the requirement to meet would result in extreme hardship to you.

[hgl 2]

You can not get your divorce recorded in the Philippines as they only accept divorces if the foreign citizen was the petitioner of the divorce, being neither of you were a foreign citizen (in this case USC) by passing the annulment process isn't possible. So marriage in the Philippines isn't possible for you without completing the annulment process.

Yes, the best way for you to marry your fiancee is to complete your citizenship, THEN apply for a K-1 visa.

http://www.uscis.gov/i-129f

Eligibility Requirements

If you petition for a fiancé(e) visa, you must show that:

• You (the petitioner) are a U.S. citizen.
• You intend to marry within 90 days of your fiancé(e) entering the United States.
• You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
• You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:

  1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.

  2. If you prove that the requirement to meet would result in extreme hardship to you.

Hank and the rest,

Thanks for posting.

I have met my fiancee once and planning to do so every year until I obtain my citizenship to apply for K-1 visa. Is this a valid compliance until I filed a K-1?

[Hank_ 9,174]

Hank and the rest,

Thanks for posting.

I have met my fiancee once and planning to do so every year until I obtain my citizenship to apply for K-1 visa. Is this a valid compliance until I filed a K-1?

That is more than plenty for meeting the petition requirements of having met once within two years.

Besides, even being apart one year is very stressful.

Stay the course, you both will reach your goal!

[hgl 2]

Regardless of where you married...you and your wife divorced in the US. When you go to the PI to meet your fiance, take your Certificate of Divorce with you to the US Embassy. You are free and clear to re-marry. If your ex-wife was able to remarry without getting an annulment, which it seems that she didn't because you would have been contacted about it then, you are also free to remarry. You're a GC holder....not yet a citizen...is that correct? Regardless, I don't think that you need to have your previous marriage annulled in the PI. Expect a long wait, though. As an LPR, you're liable to have a longer wait than a USC...a little bit, anyway.

If your wife did have to get an annulment before getting re-married then, your marriage is already annulled. As long as you have a divorce decree from the US and you are an LPR of the US...that should do it.

Someone else here may have had a similar experience and have more insight on this.

Best of luck!!!

Ed and Gina,

Thanks for your reply.

I just have my GC last year so it's a 4 year wait to go to obtain a citizenship. I would rather do the citizenship and K-1 route like Hank said, rather than paying $3.5k- $4.7k for annulment in the philippines and a 2-3 year wait period.

That is more than plenty for meeting the petition requirements of having met once within two years.

Besides, even being apart one year is very stressful.

Stay the course, you both will reach your goal!

Hank,

Thanks a bunch for your reply!

You just saved me $3.5k-$4.7 annulment lawyer package fees. I was supposed to talk to a Philippine lawyer tomorrow, Sunday, (Monday in Philippines). I would probably still talk to her for insight but no longer need her service.

God bless your heart.

Edited August 16, 2014 by hgl

[renecherubs 18]

yes, get the US citizenship and apply for k1 visa after meeting your fiancee of course. my husband had same case as you do. married as LPR with his ex. petitioned them (with children) and then got divorced. became US citizen, petitioned me as K1. got approved. Good luck.