Annulment in the Philippines

[smokeface 17]

I need some help. After doing some research it seems my visa journey may end before it has even started. I am an American and my gf is filipina. I have not proposed yet but we have been talking about taking this journey together for a year now. The problem is that she is still married to someone she married almost 10 years ago and he has been gone and out of her life for just as long. After they got married he disappeared. He has been gone for years and she has not seen or heard from him since. She must get her marriage annulled for us to even start this process. What I'm worried about, after reading some things on the internet, is she will not be able to get her marriage annulled. She has not spoken with a lawyer yet, we are both just doing research on the internet. How can she get an annulment? Is him being gone all this time reason enough for them to grant it? From what I am reading the answer is no. If she files for the annulment and he doesn't respond does that mean the process will be easier, or even quicker? I'm just looking for any information anyone can give me about the annulment process in a situation like hers. Thank you all who reply. I can answer questions as well.

[smokeface 17]

It may also be worth mentioning that she married a Japanese man and got divorced in Japan. She has her divorce papers from where she divorced in Japan.

[Illiria 980]

Did she file for the divorce or did he?

If she did then the divorce isn't recognised in the Philippines and annulment is the only option. There are a few reasons they do accept.

The only other way around this would be to get her an overseas job somewhere then do the k1 from there. This has been done by a few on here. Hank correct me if I am wrong about this but I've seen several Filipinas living in Japan do this rather than returning home to file.

Edited July 27, 2016 by Illiria

[smokeface 17]

She filed for the divorce. Also she does have a visa to work in Japan through her son who has dual citizenship. So if she is working there in Japan I can file the K1 there and have no issues with her marriage in the Philippines??

[Illiria 980]

As far as I am aware, as she will have her divorce papers to show she is free to marry.

The issue of the Philippines not recognising the divorce is only an issue in the Philippines and when dealing with the Philippine government.

She might have an issue getting a new Philippine passport with your last name and I am not sure if they would consider her to be a bigamist in the Philippines should she visit.

Edited July 27, 2016 by Illiria

[Illiria 980]

Hank Is awesome at this sort of stuff so hopefully will be able to shed some light on if this works and if there are any potential pitfalls for doing it Edited July 27, 2016 by Illiria

[smokeface 17]

What I'm wondering is could she stay in the Philippines and me file this K1 for her without her needing a CENOMAR since she has the Japanese divorce papers. I'm reading another case where a filipina obtained a divorce somewhere else and they were able to get through the k1 process with no issues because she had the divorce papers and the US Embassy accepted it without a CENOMAR. In this case I'm not sure if she was living in the Philippines when he filed the k1 for her. Would she have to be living in Japan?

[Illiria 980]

The issue is she has to go through a Philippine Government mandated seminar to get a sticker to allow her to leave the country. So even if the us embassy accepts the divorce certificate She will have to show either a foreigner filled divorce decree or annulment papers. To avoid CFO she would need move on a work visa to live in Japan and have you petition her there.

She could try to do the annulment, but I hear it takes time and money especially if they find out about an American husband.

[Greenbaum 12,259]

Here is the perfect scenario.

If she married a Japanese and she divorced him but never filed the marriage with the Philippines government (ROM Registration of Marriage) then in the eyes of the Filipino government she is still single. She gets a CENOMAR that shows she is single, she takes that to her interview with the Certificate of Acceptance translated from Japanese to English. Also, bring the document that's called "Koseki Tohon" in Japanese. In English, I think it's called Family Register. Also have it translated. The Family Register I think just lists the names of the divorced parties, their dates of birth and has an issuance number, along with a seal which is IMPORTANT. When you submit your 129f be sure to submit both documents because I hear if you send only the Certificate of Acceptance you will get an RFE.

USCIS and USEM are the only ones that will need a copy of her divorce decree to process things. Now if she has done a report of marriage then ... yes its a long costly process.

[smokeface 17]

Here is the perfect scenario.

If she married a Japanese and she divorced him but never filed the marriage with the Philippines government (ROM Registration of Marriage) then in the eyes of the Filipino government she is still single. She gets a CENOMAR that shows she is single, she takes that to her interview with the Certificate of Acceptance translated from Japanese to English. Also, bring the document that's called "Koseki Tohon" in Japanese. In English, I think it's called Family Register. Also have it translated. The Family Register I think just lists the names of the divorced parties, their dates of birth and has an issuance number, along with a seal which is IMPORTANT. When you submit your 129f be sure to submit both documents because I hear if you send only the Certificate of Acceptance you will get an RFE.

USCIS and USEM are the only ones that will need a copy of her divorce decree to process things. Now if she has done a report of marriage then ... yes its a long costly process.

They were married in the Philippines.

[smokeface 17]

Anyway I think we are good to go. Another user here has gotten all the way to the interview stage with a divorce decree from another country. Hank_ has also given me the confidence that everything will be fine with the Japanese divorce decree without getting an annulment.

[Illiria 980]

Awesome :-)

[smokeface 17]

Here is the perfect scenario.

If she married a Japanese and she divorced him but never filed the marriage with the Philippines government (ROM Registration of Marriage) then in the eyes of the Filipino government she is still single. She gets a CENOMAR that shows she is single, she takes that to her interview with the Certificate of Acceptance translated from Japanese to English. Also, bring the document that's called "Koseki Tohon" in Japanese. In English, I think it's called Family Register. Also have it translated. The Family Register I think just lists the names of the divorced parties, their dates of birth and has an issuance number, along with a seal which is IMPORTANT. When you submit your 129f be sure to submit both documents because I hear if you send only the Certificate of Acceptance you will get an RFE.

USCIS and USEM are the only ones that will need a copy of her divorce decree to process things. Now if she has done a report of marriage then ... yes its a long costly process.

You mention the Koseki Tohon and I talked to her about this and she said it has an expiration date she thinks it is 3 months. Do you have experience with this? Is there anyway she can obtain it while in PI? It may be difficult to get her to Japan to get it and time it correctly, I'm just not sure. I also found out that she has stayed in Japan for more than 6 months before and Hank_ told me she would need to obtain a Police Certificate which from what I have read also has a 3-6 month expiration. Do you know if she could obtain this while in PI as well? If she has to get the docs in Japan this could be somewhat difficult with the expiration dates. Would she only need these one time, then not have to show them again? Or do we need them for multiple steps of the process. Thanks for your help.

Edited July 28, 2016 by smokeface

[Greenbaum 12,259]

1. I'm not sure if she can get Koseki Tohon while in the PI. Have her check over in the sub-forum for Japan and check with the Japanese consulate in Manila. Details below.

2. She will need a police clearance from Japan.

Japanese Police Clearance

Police certificates are required from all countries where you have lived for 6 months or more since age 16. Police certificates are also required for accompanying children age 16 or older if they to have lived overseas for more than 6 months. Visit the Japanese Embassy to begin the application process for securing your Japanese Police Clearance (JPC). They are located at 2627 Roxas Boulevard, Pasay, Metro Manila, Philippines.

The Japanese Embassy staff will want to know to which visa you are applying for and what country that you will be immigrating to, they will need to see your passport (valid original; photo copy is not acceptable) and an official copy of your Japanese Alien Registration Card, or Gaikokujin Toroku Gempyo if you can still provide. The staff may ask for a letter from USEM but they will accept your NOA 1 or 2 instead of the USEM letter, for the information needed to complete your request.

You will then be instructed to go to Camp Crame, which is the national headquarters of the Philippine National Police (PNP) located along Epifanio de los Santos Avenue (EdlSA), Quezon City for finger printing (here is the telephone number if needed 02-732-0401). You will need one 2x2 OR 1x1 photo when you visit Camp Crame for fingerprinting.

You will be given another form to fill out and then instructed to pay the processing fee of 200Php. You will be directed to the nearby Land Bank of the Philippines - Camp Crame Branch to pay your fee (address: Bagong Lipunan Ng Crame Cubao, Queson City, Metro Manila, Philippines).

Once, back at Camp Crame, you will be instructed to go to the 2nd floor to have your fingerprints taken. They walk you through applying your fingerprints to two fingerprint forms, one form will stay on file with Camp Crame, and the other fingerprint form you'll return to the Japanese Embassy for completion of the application.

Upon your return to the Japanese Embassy they will complete your application and at that time they will send your package onward to Japan for further processing. Expect the process to take anywhere from 1-3 months. They will return your completed JPC to USEM if you checked that box on the application. If you can personally pick up the JCP at the Japanese Embassy, I would check that box. I like to have it in my hands and deliver at my interview so I know it has been completed and delivered to those responsible (CO).If you choose to pick up at the Japanese Embassy, It's advised that you call at the end of the first month, then every 15 days after to inquire if your visa has arrived as it has been known to sit for a week or two before the applicant is notified (notification is by phone so leave good phone numbers). The Japanese Embassy receives their mail on every Tuesday and Thursday from Japan containing the police clearances. The certificate comes sealed and it is already in English so you don't have to worry about translations.

Note: Japanese Police Certificates are sealed. If the seal is broken, the certificate is no longer valid. Do not open the certificate prior to submission to the Embassy/Consulate.

If for any reason you need to call the Manila Japanese Embassy use this number 02-551-5710 then press 2 then 1 then 4. Keep in mind the menu may have changed.

JPC's can also be processed in CEBU and Davao but a bit of caution, they will send the paperwork to Manila and in turn the Japanese Embassy will forward onto Japan for further processing with the same return trip. More information here

http://www.ph.emb-japan.go.jp/visiting/consular/policeclearance.html

I hope this will help.

[smokeface 17]

Thank you, this does help a lot!