MARRIED THRU K1 IN THE USA, IS IT ALSO MARRIED IN THE PHILIPPINES??

[FilAm.Love 1]

 

Good day to all,

 

I have a friend who's saying that once you're married in the USA thru K1, you're also married in the Philippines. I said it is not true unless you declare it at the Philippine embassy here in the USA. She doesn't believe it. Can anyone here explain in detail about the difference between K1 and spousal visa and what are the procedures, advantages and disadvantages if there's any so I can send it to her? Thank you!

Edited June 1, 2017 by FilAm.Love

[Transborderwife 4,666]

Married is married is married.  Anywhere.

[Mollie09 1,543]

Married is married.

Whether the marriage needs to be recognized in your country is different. The US doesn't require it, but the Philippines might. That can be done at a Consulate.

[Scandi 4,166]

I would still be considered single in Sweden if I hadn't registered my marriage there after getting married here in the US. So yeah, I guess it is possible to be considered married in one country and not the other. Not sure how it works in your country though.

[FilAm.Love 1]

 

That's what I believe too! My husband was once married to a Filipina before but they got married here in the USA. They never declare their marriage at the Philippine consulate so everytime she go home to Philippines she always bring her passport and birth certificate with maiden name.

[millefleur 5,046]

**Moved from K-1 Fiance(e) Visa Process & Procedures to the Philippines regional forum; the OP might get clearer answers from people who are specifically familiar with the laws in the Philippines concerning marriage abroad**

[Jojo92122 1,924]

3 minutes ago, FilAm.Love said:

 

That's what I believe too! My husband was once married to a Filipina before but they got married here in the USA. They never declare their marriage at the Philippine consulate so everytime she go home to Philippines she always bring her passport and birth certificate with maiden name.

She is considered single because she never updated her paperwork in the Philippines.  She is actually married and failed to report her married status.

 

It's kinda like why USCIS and the NVC continues to process an F2a or F2b case for a single child who gets married.  If USCIS and the NVC are not aware of the marriage, then they continue to process as a single person.   Not reporting does not make one single.  It's like above, a failure to report the marriage.

[RO_AH 1,659]

4 hours ago, FilAm.Love said:

 

That's what I believe too! My husband was once married to a Filipina before but they got married here in the USA. They never declare their marriage at the Philippine consulate so everytime she go home to Philippines she always bring her passport and birth certificate with maiden name.

Several questions come to mind. You say once married to a Filipina, are they divorced now? If they did not report their marriage to the consulate closest to them  the Philippines government would not know they are married. But unless they got a divorce they are still married no matter what they do or where they go. Is there a specific reason for asking?

 

There are several differences in a fiance visa and spousal visa. But the main thing is that a fiance comes here unmarried then gets married here. Spousal visa the marriage takes place outside of the US and then petition the spouse to come to the US. If you someone gets married in the Philippines there is no divorce. This can be seen as either a good thing or bad thing and also plays a role in the decision on whether to get a K1 or Spouse visa. 

[FilAm.Love 1]

2 hours ago, RO_AH said:

Several questions come to mind. You say once married to a Filipina, are they divorced now? If they did not report their marriage to the consulate closest to them  the Philippines government would not know they are married. But unless they got a divorce they are still married no matter what they do or where they go. Is there a specific reason for asking?

 

There are several differences in a fiance visa and spousal visa. But the main thing is that a fiance comes here unmarried then gets married here. Spousal visa the marriage takes place outside of the US and then petition the spouse to come to the US. If you someone gets married in the Philippines there is no divorce. This can be seen as either a good thing or bad thing and also plays a role in the decision on whether to get a K1 or Spouse visa. 

 

Yes, my husband got divorce 2011 from Filipina ex wife. Actually the ex wife was already here in states using working visa. They both met thru a mutual friend. Had a relationship and got married. Unfortunately, she's been cheating on him. That's the ground of divorce. My husband said they never declare their marriage at Phil consulate. She doesn't want to. He said every time they go home to Phil for vacation she always bring her birth certificate bec her greencard is under married name but passport still on her maiden name.

[Hank_ 9,174]

7 hours ago, FilAm.Love said:

 

Good day to all,

 

I have a friend who's saying that once you're married in the USA thru K1, you're also married in the Philippines. I said it is not true unless you declare it at the Philippine embassy here in the USA. She doesn't believe it. Can anyone here explain in detail about the difference between K1 and spousal visa and what are the procedures, advantages and disadvantages if there's any so I can send it to her? Thank you!

Your friend is correct.  MARRIED IS MARRIED.  Just because you didn't report the marriage (ROM) through the consulate doesn't make you "not married".

 

Differences between spousal and fiancee visa?  Fiancee visa is quicker for getting to the USA, spousal visa is a little cheaper but takes longer.

 

 

[Hank_ 9,174]

3 hours ago, RO_AH said:

Several questions come to mind. You say once married to a Filipina, are they divorced now? If they did not report their marriage to the consulate closest to them  the Philippines government would not know they are married. But unless they got a divorce they are still married no matter what they do or where they go. Is there a specific reason for asking?

 

There are several differences in a fiance visa and spousal visa. But the main thing is that a fiance comes here unmarried then gets married here. Spousal visa the marriage takes place outside of the US and then petition the spouse to come to the US. If you someone gets married in the Philippines there is no divorce. This can be seen as either a good thing or bad thing and also plays a role in the decision on whether to get a K1 or Spouse visa. 

Mostly correct.   Except for if you get married in the Philippines part and not being able to get a divorce.  Divorce, whether married in the Philippines or another country is not allowed (with a very small except-just for you Greenbaum )  Then the divorce issue only applies if you are still living in the Philippines.  A person can move to another country (USA in our case as this is a U.S. visa forum), get divorced and it can be accepted in the Philippines.. IF, if the foreigner initiates the divorces it will be accepted in the Philippines.  If the Filipino initiates the divorce it will be accepted everywhere in the world except the Philippines... but even in this situation it does not stop a person from completing a fiancee visa.

Edited June 2, 2017 by Hank_

[FilAm.Love 1]

1 minute ago, Hank_ said:

Mostly correct.   Except for if you get married in the Philippines part and not being about to get a divorce.  Divorce, whether married in the Philippines or another country is not allowed (with a very small except-just for you Greenbaum )  Then the divorce issue only applies if you are still living in the Philippines.  A person can move to another country (USA in our case as this is a U.S. visa forum), get divorced and it can be accepted in the Philippines.. IF, if the foreigner initiates the divorces it will be accepted in the Philippines.  If the Filipino initiates the divorce it will be accepted everywhere in the world except the Philippines... but even in this situation it does not stop a person from completing a fiancee visa.

 

My husband and I got married in the Philippines. One of the requirements was cenomar for him to find out if he's married in the Philippines too or not. The statistics office doesn't have any record of him and the ex wife since they never declare their marriage at the Philippine consulate. So what I'm thinking is if you got married in the states thru k1 visa and you never declare your marriage at the Philippines consulate, you're only considered married in the states but not in the Philippines unless you both declare it or renew your vows in the Philippines. My sister is under k1. They never declare their marriage at the Phil consulate. When she filed divorce, the process was only here. She doesn't need to process annulment since they have no records about their marriage in the national statistics office.

[Hank_ 9,174]

7 minutes ago, FilAm.Love said:

 

My husband and I got married in the Philippines. One of the requirements was cenomar for him to find out if he's married in the Philippines too or not. The statistics office doesn't have any record of him and the ex wife since they never declare their marriage at the Philippine consulate. So what I'm thinking is if you got married in the states thru k1 visa and you never declare your marriage at the Philippines consulate, you're only considered married in the states but not in the Philippines unless you both declare it or renew your vows in the Philippines. My sister is under k1. They never declare their marriage at the Phil consulate. When she filed divorce, the process was only here. She doesn't need to process annulment since they have no records about their marriage in the national statistics office.

USC does not get a CENOMAR, that is for Filipinos (current and past) only.   A USC needs to get a letter from the embassy before marrying in the Phils.

 

If you sister married in the USA, never reported the marriage in the Philippines, and now is divorced ... then all is good. She is single in the Philippines and the rest of the world   For sure no reason for an annulment process or the recognition of divorce.

[Hank_ 9,174]

37 minutes ago, FilAm.Love said:

 

My husband and I got married in the Philippines. One of the requirements was cenomar for him to find out if he's married in the Philippines too or not. The statistics office doesn't have any record of him and the ex wife since they never declare their marriage at the Philippine consulate. So what I'm thinking is if you got married in the states thru k1 visa and you never declare your marriage at the Philippines consulate, you're only considered married in the states but not in the Philippines unless you both declare it or renew your vows in the Philippines. My sister is under k1. They never declare their marriage at the Phil consulate. When she filed divorce, the process was only here. She doesn't need to process annulment since they have no records about their marriage in the national statistics office.

Just thinking on this more, and VJ locks editing very quickly.

 

I was in embassy visa mode with my earlier answer.  

 

Yes I can see them wanting a CENOMAR from the USC to verify he was not married in the Philippines already, before issuing a marriage license.

 

Reporting the marriage is the only way it would show up with PSA, a renewal of vows is just a party with a preacher "putting on a show", nothing is filed with any authority. 

Edited June 2, 2017 by Hank_

[FilAm.Love 1]

7 hours ago, Hank_ said:

USC does not get a CENOMAR, that is for Filipinos (current and past) only.   A USC needs to get a letter from the embassy before marrying in the Phils.

 

If you sister married in the USA, never reported the marriage in the Philippines, and now is divorced ... then all is good. She is single in the Philippines and the rest of the world   For sure no reason for an annulment process or the recognition of divorce.

 

In my husband's case, bec he was once married to a Filipina before, we were required to get a cenomar for him as well just to make sure that he has no records of marriage in the Philippines aside from getting the legal capacity to marry that he get at the us embassy.

Edited June 2, 2017 by FilAm.Love