Filipina remarry?

[Florida1 0]

Can anyone please help? My gf and I have been together for about two years. Finally her ex-husband (USC) has filed for divorce from CA. They have been apart for ten years. Since we have the divorce decree, can I apply for the K1 visa for her to fly here and be married in 90 days without dealing with the Philippines Annulment process? Is the divorce decree all the US Embassy need for us to apply for the visa?

[j N j 50]

If she was married in the US,Im sure she wont need annulment papers just the US divorce decree..

 

[Shauneg 762]

Depends if she did a report of marriage in the phils or not.

[Florida1 0]

Thank you for your reply. They were married in the Philippines 10 years ago and finally he divorced her a month ago and now we have the decree from California from where he resides. I heard mixed stories about annulment. I heard since its a US divorce that the US Embassy only need decree.

[Shauneg 762]

43 minutes ago, Florida1 said:

Thank you for your reply. They were married in the Philippines 10 years ago and finally he divorced her a month ago and now we have the decree from California from where he resides. I heard mixed stories about annulment. I heard since its a US divorce that the US Embassy only need decree.

How can she get a CENOMAR? She's still married in the Phillipines. She'll need to get it annulled in the PI using the divorce decree.

[j&ana 380]

It is true that if a foreigner and a Filipina are married in the Philippines and the foreigner divorces the Filipina is free to marry also. I am not sure what the process is or how she will report the divorce in the Philippines or if she will need to

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)
 

[j N j 50]

A marriage in PH is going to require an Annulment papers. We Had To Get these papers for our own case.

[j&ana 380]

I do not know your circumstance but what I wrote in my reply is from the family code of the Philippines

My wife who is from the Philippines said that it is true as her friend got married there. then move to Germany with her husband but he divorce her and she got remarried and is in US now and she did not do anullment

 

[geowrian 22,338]

3 hours ago, Florida1 said:

They were married in the Philippines 10 years ago and finally he divorced her a month ago and now we have the decree from California from where he resides. I heard mixed stories about annulment. I heard since its a US divorce that the US Embassy only need decree.

USEM will not require an annulment. She only needs to be free to marry under US law. That said, they will require a CENOMAR/CEMAR along with the divorce decree.

 

3 hours ago, Shauneg said:

How can she get a CENOMAR? She's still married in the Phillipines. She'll need to get it annulled in the PI using the divorce decree.

She can't, but she will get a CEMAR. It's the same essential paper. USEM will recognize a foreign divorce decree just fine, though.

 

34 minutes ago, j N j said:

A marriage in PH is going to require an Annulment papers. We Had To Get these papers for our own case.

People have successfully obtained a K-1 visa with only a divorce decree. The CEMAR will show that she is married ("Advisory of Marriage"). The divorce decree will show that the marriage was dissolved and she is now free to marry under US law (which is the requirement for the visa).

Edited June 4, 2017 by geowrian

[Shauneg 762]

13 minutes ago, geowrian said:

USEM will not require an annulment. She only needs to be free to marry under US law. That said, they will require a CENOMAR/CEMAR along with the divorce decree.

 

She can't, but she will get a CEMAR. It's the same essential paper. USEM will recognize a foreign divorce decree just fine, though.

 

People have successfully obtained a K-1 visa with only a divorce decree. The CEMAR will show that she is married ("Advisory of Marriage"). The divorce decree will show that the marriage was dissolved and she is now free to marry under US law (which is the requirement for the visa).

Thought those were for marriages that took place outside of the Philippines.  DIdn't know the embassy wouls accept it as is when the marriage took place within the PI.    Guess they just won't be able to get married in or register it in the Philippines.

[geowrian 22,338]

11 minutes ago, Shauneg said:

Thought those were for marriages that took place outside of the Philippines.  DIdn't know the embassy wouls accept it as is when the marriage took place within the PI.    Guess they just won't be able to get married in or register it in the Philippines.

I'll have to admit that how to have the divorce recognized is a little beyond my current understanding (divorce is never simple =\ ), but my understanding is that to have the new marriage recognized within PI it will require going through the court to have the divorce decree recognized first.

Edit: I'll defer to others if this is incorrect - again, PI marriage law is the subject here, not US immigration law.

 

http://www.philippineconsulatela.org/consular-services-2/civil-registry-2/report-of-marriage-of-a-filipino-abroad

http://www.philippineconsulatela.org/wp-content/uploads/2015/11/Judicial-Recognition-of-Divorce-in-the-Philippines.pdf

"Divorce is not recognized in the Philippines but when a divorce is validly obtained abroad by an alien spouse from his or her Filipino spouse, the Filipino spouse shall have the capacity to remarry under Philippine law. Divorce, however, must be recognized in the Philippines courts. The foreign divorce decree must be judicially enforced or confirmed in the Philippines by filing the proper civil action at the Regional Trial Court in the Philippines (RTC-Phil)."

 

This is where it gets into PI marriage law, not US immigration law, though. And that's beyond me.   Where the original marriage took place shouldn't matter (and obviously the divorce can't be within PI! haha).

Edited June 4, 2017 by geowrian

[Lezzyme1979 38]

This was base on my own experience.

 

i was married in the Philippines to a Canadian citizen, he filed for divorce in Canada. I took the divorce decree to DFA for them to acknowledge that I am divorce and then took it to NSO, they then gave me a copy of my marriage certificate with a stamp stating, the marriage was divorced. 

 

If remembered it correctly, they then gave me a certificate saying married but divorced, not sure if it's the cenomar or Cemar.

 

at that time, we were applying for K1 visa and took that document to the embassy. They never gave me a problem. I was approved with K1 visa

[Heart<3 11]

Hi. I’m a Filipina divorcee. Previous marriage was with British National, we got married in the Philippines and divorced in the UK. Hence, I am now back in my homeland Philippines. Having my divorce decree on hand, am I eligible to apply for k1 Fiance visa at the US Embassy Manila? I have read that Cenomar is one of the requirements but I don’t have that as we were married in the Phil and got divorced in the UK. Is a Petition  for Foreign Divorce recognition a must? Or a Cenomar with “married” status attached with Divorce Decree will do?

Edited March 6, 2019 by Heart<3

[Ate 180]

44 minutes ago, Heart<3 said:

Hi. I’m a Filipina divorcee. Previous marriage was with British National, we got married in the Philippines and divorced in the UK. Hence, I am now back in my homeland Philippines. Having my divorce decree on hand, am I eligible to apply for k1 Fiance visa at the US Embassy Manila? I have read that Cenomar is one of the requirements but I don’t have that as we were married in the Phil and got divorced in the UK. Is a Petition  for Foreign Divorce recognition a must? Or a Cenomar with “married” status attached with Divorce Decree will do?

 

CENOMAR is a requirement IF APPLICABLE.  In your case, it is not applicable.  The requirement that would be applicable to you is the Proof of Termination of Marriage, which would be your finalized divorce decree from the UK.  For K1 visa application, the US Embassy will not require your foreign divorce to be officially recognized by the Philippine government.

 

https://ph.usembassy.gov/visas/immigrant-visas/fiancee-visa/the-interview/

 

[Heart<3 11]

Thank you for your input @Ate. I nave read quite a few blogs but it is all mixed up. Has anyone encountered same case as mine? Three things I want to point out if I may.

* Filipina - not dual citizen. That said, I am not holding any other citizenship other than Philippine one as I was not naturalized before my ex husband petitioned for divorce in the UK

* Married in the Philippines

* Applying for K1 Visa in the Philippines - where I am currently residing

 

I have read strories of Filipinas working/residing abroad, granted divorce abroad and filed K1 abroad. I am not sure if this is applicable in my case as I am now in the Philippines and applying here. Also with regards to CFO thing I dnt know if they will issue a CFO sticker for someone like myself who acquired Foreign Divorce abroad. 

Edited March 6, 2019 by Heart<3