CR1 with Sharia Divorce Refusal

[apple21 953]

My ex and I converted to Islam 2 years ago . But if it's not honored at all I will just go to another 2-3 years of annulment process . No idea how it would appear on my MC both sides have annotation?

Yes they will put the annotations on both sides of the document. Same as my son's NSO BC, left side for use of father's surname and on the right side for legitimation.

[Sagot 1,548]

My ex and I converted to Islam 2 years ago . But if it's not honored at all I will just go to another 2-3 years of annulment process . No idea how it would appear on my MC both sides have annotation?

You did a civil marriage. You need to have married using the muslim process to avail to divorce

[Coyote567 0]

I belive I am having the same problem. My wife was divorced from her American husband in 2013 after converting and using the sharia court. We married in 2014 in Japan filed our I130 it was approved attended final interview in june 16 and now our case has been sent back to the nvc. They haven't notified us why it was sent back to the nvc on nov 23. but after reading this thread is believe it's the same situation. If anyone gets any good newstuff or updates I would like to hear them.

Also when we married in Japan we also when the through the Philippines consolate and registered our marriage in the PI with no issues. We had no problems util after the interview.

Edited November 29, 2016 by Coyote567

[Sagot 1,548]

I won't bother asking why she didn't have her U.S. husband divorce her - very possible neither your wife or her other husband are actually divorced.

9 FAM 102.3 states that the "underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls." In the Philippines, a marriage under the Civil Code of the Philippines may only be terminated through annulment, being declared void ab initio, or through the death or legally presumed death of a spouse.

However, the Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. Article 13 of the MPL states, in relevant part:

(1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.

Philippine law does not recognize the validity of the applicant’s Sharia divorce because the Family Code is the first or sole legal basis of her underlying marriage. In this case, following the 2009 civil marriage, the applicant’s spouse subsequently converted to Islam and obtained a divorce under Sharia (Islamic law). Even if a Sharia court accepted and adjudicated the petition for divorce, its decision is not legally binding because the applicant and ******* did not marry in accordance with Muslim law or the MPL. Consequently, the applicant was not free to enter into marriage in 2015 and therefore, does not qualify for the CR1 visa category being sought.

Edited November 30, 2016 by Philippines^Sagot

[Coyote567 0]

I won't bother asking why she didn't have her U.S. husband divorce her - very possible neither your wife or her other husband are actually divorced.

9 FAM 102.3 states that the "underlying principle in determining the validity of the marriage is that the law of the place of marriage celebration controls." In the Philippines, a marriage under the Civil Code of the Philippines may only be terminated through annulment, being declared void ab initio, or through the death or legally presumed death of a spouse.

However, the Code of Muslim Personal Laws of the Philippines (MPL) permits divorce under narrow circumstances for Filipino Muslims. Article 13 of the MPL states, in relevant part:

(1) The provisions of this Title shall apply to marriage and divorce wherein both parties are Muslims, or wherein only the male party is a Muslim and the marriage is solemnized in accordance with Muslim law or this Code in any part of the Philippines.

(2) In case of marriage between a Muslim and a non-Muslim, solemnized not in accordance with Muslim law or this Code, the Civil Code of the Philippines shall apply.

Philippine law does not recognize the validity of the applicants Sharia divorce because the Family Code is the first or sole legal basis of her underlying marriage. In this case, following the 2009 civil marriage, the applicants spouse subsequently converted to Islam and obtained a divorce under Sharia (Islamic law). Even if a Sharia court accepted and adjudicated the petition for divorce, its decision is not legally binding because the applicant and ******* did not marry in accordance with Muslim law or the MPL. Consequently, the applicant was not free to enter into marriage in 2015 and therefore, does not qualify for the CR1 visa category being sought.

[Coyote567 0]

Her and her first husband just quit contact with each other. I am wondering if we can still try to contact home and have him file for divorce. From what I have heard he also has remarried as well

[Coyote567 0]

I am wondering how this will work because our marriage is registered at the NSO I am on her CENOMAR and all that. We have been married now for almost 3 years. If the Philipine law doesn't allow it why did they certify all our documents for marriage, allow us to marry and register our marriage.

[Sagot 1,548]

I am wondering how this will work because our marriage is registered at the NSO I am on her CENOMAR and all that. We have been married now for almost 3 years. If the Philipine law doesn't allow it why did they certify all our documents for marriage, allow us to marry and register our marriage.

I understand all the concern, but I don't have answers. As for your visa you will have to wait for NVC to contact you. As for your questions regarding PSA (was NSO) I would suggest you consider contacting an attorney in the Philippines.

[Judee 3]

Hello seriouslady40

Have you had your interview yet? Hows it going? Did they honor your divorce decree??

[MarkPerry 488]

Her and her first husband just quit contact with each other. I am wondering if we can still try to contact home and have him file for divorce. From what I have heard he also has remarried as well

What a mess.

My first rule when dating seriously in PHilippines. If they were previously married I would avoid.

[Sagot 1,548]