Philippine annulment/divorce

[Sagot 1,548]

6 hours ago, Greenbaum said:

Say Grasshopper - what does "This is a road that is well worn.... just well used" mean. 

.. hate when I my fingers leave out a word... should have read - just NOT well used.  

 

Many have tried.. few have succeeded ...    

[rlgrantjr 0]

On 2/28/2017 at 10:28 AM, Sagot said:

 

 

If.... big IF ... she could get a divorce in a foreign country, YES she could then complete the visa process, even if she is still legally married in the Philippines.  Divorce is accepted by the rest of the world, which includes the USA and its embassies   

 

Problem is... getting to a foreign country and meeting the requirements to complete the divorce.   This is a road that is well worn.... just well used.

Interesting comments.  I am very reluctant to stick my nose in here, especially regarding the counsel of a Platinum member.  He has more whiskers here and I am just fresh today.  This is my first comment.  I only signed up to respond to this post.  My fiance and I have recent experience with this very issue.  The Manila embassy (in 2016) actually refused to recognize my divorce from a Filipina, currently living in the U.S., from previous 13 year marriage who received her U.S. Citizenship prior to her divorcing me. In response to a CR1 Visa request,  the Philippines embassy sent me a three page letter explaining that no matter the circumstances that our marriage that took place in the Philippines in 2013 is not valid as my divorce, though recognized by U.S. laws has not been recognized by a Philippine court so we were issued a marriage license illegally. The city clerk in our local town knew the circumstances and we furnished all the documentation she requested.  Since the Philippines does not recognize my divorce, the U.S. government will not issue a visa until such time as that is resolved.  Investigating the process leads me to conclude that the process, both in terms of time and money, is not much different than an annulment for a Filipina that was (and still is)  married.  Much money of undetermined amount and much time of undetermined length would be inevitable in the attempt to get my divorce recognized by the Philippine court system. I humbly offer our circumstances in the hopes that we are missing something in our journey in this process. I look forward to reading your reaction to my comments.  We genuinely would not mind to find out that we were wrong.  Just for the record, in trying to get this resolved, we have made a personal decision to not take any action that could be deemed to be illegal in order to find a workable solution

[Sagot 1,548]

You are a USC?   Petitioning a Filipina?  

 

I know of many that have done this, and I mean many.  The divorce in the USA is legal and you are divorced to all the world except in the Philippines, but divorces you are.   Sounds like you had a CO at the embassy with very little knowledge (dim-wit).   I would tend to lean towards talking to an attorney, but as we know that is a costly process as well.  CO are sort of likes gods at the embassy, not sure how you could challenge his decision.

 

You could do a search on this forum over the years and find many that did just what you should have been able to do.

 

 

 

[glenmar 34]

glenmar is back....

 

Disagree with the last post.. the CO was correct. rlgrantjr had remarried in the Philippines and was applying for a CR1. The Embassy would have no problem with the US divorce but the marriage in the Philippines was illegal as the Philippines would not recognize the divorce. The Philippines would have recognized the divorce if rlgrantjr  a US citizen filed for the divorce then legally got the Philippines to recognize the divorce. I'm guessing that didn't happen. No worries for rlgrantjr the solution is simple and very legal,,,but it would take time. rlgrantjr  gets an annulment from his second wife on the grounds of bigamy. This is the easiest annulment to get in the Philippines. Even easier if the first marriage was in the Philippines or was in the US but a report of marriage was filed. You just need to provide 2 subsisting marriage contracts.  glenmar's annulment on those grounds took 1 year and cost 150,000p. rlgrantjr then files for K1. The US embassy would recognize the US divorce and the Philippines annulment. By the way when filing for annulment on the grounds of bigamy the petitioner only has to show up in court once.

[Sagot 1,548]

11 hours ago, glenmar said:

glenmar is back....

 

Disagree with the last post.. the CO was correct. rlgrantjr had remarried in the Philippines and was applying for a CR1. The Embassy would have no problem with the US divorce but the marriage in the Philippines was illegal as the Philippines would not recognize the divorce. The Philippines would have recognized the divorce if rlgrantjr  a US citizen filed for the divorce then legally got the Philippines to recognize the divorce. I'm guessing that didn't happen. No worries for rlgrantjr the solution is simple and very legal,,,but it would take time. rlgrantjr  gets an annulment from his second wife on the grounds of bigamy. This is the easiest annulment to get in the Philippines. Even easier if the first marriage was in the Philippines or was in the US but a report of marriage was filed. You just need to provide 2 subsisting marriage contracts.  glenmar's annulment on those grounds took 1 year and cost 150,000p. rlgrantjr then files for K1. The US embassy would recognize the US divorce and the Philippines annulment. By the way when filing for annulment on the grounds of bigamy the petitioner only has to show up in court once.

 

There is some confusion with things.   rlgrantjr is chasing a K-1 visa, so his profile states.  Then as you pointed out he talks of getting married in the Philippines a second time (which I missed as I was focused on the K-1 aspect.. and didn't relate to his "odd" statement) in 2013.  So I agree with you, as there seems to be a 2nd marriage that took place in the Philippines between the divorce in the USA and his current K-1 pursuit ...    Good catch on your part!

 

Lot of bull with that posting I skimmed over... my bad.

 

 

[Hank_ 9,174]

12 hours ago, glenmar said:

glenmar is back....

 

Disagree with the last post.. the CO was correct. rlgrantjr had remarried in the Philippines and was applying for a CR1. The Embassy would have no problem with the US divorce but the marriage in the Philippines was illegal as the Philippines would not recognize the divorce. The Philippines would have recognized the divorce if rlgrantjr  a US citizen filed for the divorce then legally got the Philippines to recognize the divorce. I'm guessing that didn't happen. No worries for rlgrantjr the solution is simple and very legal,,,but it would take time. rlgrantjr  gets an annulment from his second wife on the grounds of bigamy. This is the easiest annulment to get in the Philippines. Even easier if the first marriage was in the Philippines or was in the US but a report of marriage was filed. You just need to provide 2 subsisting marriage contracts.  glenmar's annulment on those grounds took 1 year and cost 150,000p. rlgrantjr then files for K1. The US embassy would recognize the US divorce and the Philippines annulment. By the way when filing for annulment on the grounds of bigamy the petitioner only has to show up in court once.

You're back!     So you are!  How is everything?   I see y'all are in the final stages.. citizenship.  Congrats!

 

Good catch on that marriage from 2013, as that poster seems to have been married 13 years prior, then married again in the Philippines (which is illegal without the first married being terminated "officially" in the Phils) in 2013.  

 

Now being his 1st wife was a USC (foreigner) when she filed for the divorce, that divorce could be recognized in the Philippines.  He would need to take it to DFA or a consulate in the USA for authentication, once that is completed all the documents are then taken to PSA for recording.. at which time an annotated MC will be issued. 

 

But he had not done that, and because he was a USC no CENOMAR was required for his 2nd marriage, the city clerk only looked at the divorce decree of the foreigner, not realizing the details.   And that 2nd marriage is still active as he makes no mention of it being terminated.

 

Embassy was spot on for catching this guy.

 

As for the original OP... the statement that you can get your visa with a divorce from a foreign country is CORRECT.. you will have no issues.

Edited March 17, 2017 by Hank_

[Deputy Purple 1,294]

A caution on getting i divorce in another country...

 

The Philippines will not recognize a foreign divorce between 2 Philippine Citizens any more than they will recognize a Sharia Divorce between 2 non-Muslim Philippine Citizens.

 

Even if the US Embassy issues her a Visa she will have to pass the CFO which will require her CERMAR (as she will not qualify for a CENOMAR) and since the CERMAR will show her still legally married in the Philippines she will not be issued a CFO sticker which is required to leave the Philippines on a K-1 or C/CR Visa.

 

Even a divorce between a Naturalized US Citizen who is a Philippine Citizen isn't recognized automatically.

[Sagot 1,548]

4 hours ago, Deputy Purple said:

A caution on getting i divorce in another country...

 

The Philippines will not recognize a foreign divorce between 2 Philippine Citizens any more than they will recognize a Sharia Divorce between 2 non-Muslim Philippine Citizens.

 

Even if the US Embassy issues her a Visa she will have to pass the CFO which will require her CERMAR (as she will not qualify for a CENOMAR) and since the CERMAR will show her still legally married in the Philippines she will not be issued a CFO sticker which is required to leave the Philippines on a K-1 or C/CR Visa.

 

Even a divorce between a Naturalized US Citizen who is a Philippine Citizen isn't recognized automatically.

CFO has not given anyone issues over this issue in the years I have been around, and I have seen a fair number with foreign divorces pass through CFO, only needing to provide a copy of the foreign divorce decree