WILL BE DIVORCING NEXT YEAR!!!!

[davisss 0]

Help,

It appears that myself and wife are not going to be able to work things out! We have been married just over 2 years and she has received her 10 year GC, my question is since is still a filipina citizen how does this affect her status in phillipines? This is a very amicable divorce and I want to help her (she is much younger than me) and I want her to be able to remarry an american and have a family kids etc, and I am just to old for that.....She did send our marriage paperwork to the phillipines last year, so they do know about the marriage, so if we get divorced here is that recognized in the PI? How can we get our marriage dissolved in the PI so she can remarry here?

[Boiler 46,034]

Not needed, just needs to divorce here.

[Pitaya 2,577]

~Moved from US Citizenship General Discussion to Effects of Major Family Changes on Immigration Benefits Forum~

~Similar topics are often discussed at this forum.~

[j&ana 378]

The Philippines will recognize it. If you divorce in the states but the foreign spouse (you) must be the one to file for the divorce

from 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), 3637 and 38. (17a)

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. (As amended by Executive Order 227)

Here is a link with the family code if you want to look it over

http://www.chanrobles.com/executiveorderno209.htm#.VN7wo5U5DIU

Edited February 14, 2015 by j&ana

[j&ana 378]

Not needed, just needs to divorce here.

not entirely right. He has to be the one to divorce, If she files for the divorce the Philippines will not recognize it as being a divorce for her and she will have to get an annulment. If he files for the divorce then she is also consider divorce and is free to marry anyone else

Edited February 14, 2015 by j&ana

[Boiler 46,034]

not entirely right. He has to be the one to divorce, If she files for the divorce the Philippines will not recognize it as being a divorce for her and she will have to get an annulment. If he files for the divorce then she is also consider divorce and is free to marry anyone else

Why is it relevant what PI recognises?

[j&ana 378]

Well considering the op ask this Question (my question is since is still a filipina citizen how does this affect her status in phillipines? ) and this question ( How can we get our marriage dissolved in the PI so she can remarry here?) is why it relevant what the PI recognize

Edited February 14, 2015 by j&ana

[Boiler 46,034]

OP is confused admittedly, but his concern was about her re marrying in the US.

[j&ana 378]

OP is confused admittedly, but his concern was about her re marrying in the US.

He does not sound confuse to me. He has 2 concerns.

1. her remarrying here

2. her status in the Philippines

yes they can divorce here and she can remarry,but if they are worry about her status in the Philippines then he must be the one to file for the divorce.

OP is confused admittedly, but his concern was about her re marrying in the US.

He does not sound confuse to me. He has 2 concerns.

1. her remarrying here

2. her status in the Philippines

yes they can divorce here and she can remarry,but if they are worry about her status in the Philippines then he must be the one to file for the divorce.

[Tim/Mav 305]

Well considering the op ask this Question (my question is since is still a filipina citizen how does this affect her status in phillipines? ) and this question ( How can we get our marriage dissolved in the PI so she can remarry here?) is why it relevant what the PI recognize

This is a K-1 Visa and met the requirements and so on. She has her Permanent Residence here in the US and will abide now to US dissolution of marriage guildlines and the Philippines has no oversee of that. She can report it but has no intention but to find another here in the US. It wouldn't matter anyway. She is free to travel if she pleases. Why Complicate things. It is treated like a Normal Divorce here in the US and they were Married here in the US. (therefore, US law.)

Edited February 14, 2015 by Tim/Mav

[AmerFila 10]

Why is it relevant what PI recognises?

If it is not recognized in the PI and she remarries and returns to she can be charged with adultery.

[VOL 425]

Help,

It appears that myself and wife are not going to be able to work things out! We have been married just over 2 years and she has received her 10 year GC, my question is since is still a filipina citizen how does this affect her status in phillipines? This is a very amicable divorce and I want to help her (she is much younger than me) and I want her to be able to remarry an american and have a family kids etc, and I am just to old for that.....She did send our marriage paperwork to the phillipines last year, so they do know about the marriage, so if we get divorced here is that recognized in the PI? How can we get our marriage dissolved in the PI so she can remarry here?

Why are you waiting until next year? She can divorce you now and stay in USA.

If she goes back to Philippines and gets petitioned there, then she would need you to file divorce in USA so she would be legally able to marry in USA. You need to file for divorce, If she files then she can't get annulled in Philippines.

If she stays in USA, then there isn't really anything you need to do regarding Philippines.

[sevenrider860 9]

This is a K-1 Visa and met the requirements and so on. She has her Permanent Residence here in the US and will abide now to US dissolution of marriage guildlines and the Philippines has no oversee of that. She can report it but has no intention but to find another here in the US. It wouldn't matter anyway. She is free to travel if she pleases. Why Complicate things. It is treated like a Normal Divorce here in the US and they were Married here in the US. (therefore, US law.)

The answers concerning Phippine law were clear and correct. Regardless of being a LPR, she is still a Philippine Citizen and subject to the laws concerning marriage if she returns to the Philippines.

If the divorced spouse wants to remarry in the US and not have any dealings with the Philippines, then who files really does not matter a bit.

However, as it was pointed out...if, for any reason, there is a desire to synchronize the marriage status with the Philippine National registry, the foreign spouse must file as stipulated by Philippine law. It seems this is an amicable separation, so why not have the foreign spouse file so that she can adjust status in the Philippines if she ever wishes to in the future?

[sevenrider860 9]

If it is not recognized in the PI and she remarries and returns to she can be charged with adultery.

Actually if she remarried without dissolving the marriage in the Philippines the charge would be bigomy, not adultery.

[j&ana 378]

This is a K-1 Visa and met the requirements and so on. She has her Permanent Residence here in the US and will abide now to US dissolution of marriage guildlines and the Philippines has no oversee of that. She can report it but has no intention but to find another here in the US. It wouldn't matter anyway. She is free to travel if she pleases. Why Complicate things. It is treated like a Normal Divorce here in the US and they were Married here in the US. (therefore, US law.)

That is not his only concern. He ask specific. Her status in the Philippines. Please read the whole question when you respond instead of giving half answers