Filipino Embassy Help!

[t1g3rtoes 1]

Need some advice for a peculiar situation, please.

 

My wife is from Philippines, having come over at the end of 2016 with a K1 visa.  We were married in December, and are waiting/wading through a long adjustment of status period now.  Her passport will expire within the year.  She has made an appointment for a passport renewal with the "traveling" Philippines embassy to process her renewal.

 

We have a strange circumstance for the following reason:  My wife was previously married in the Philippines, and tried exhaustively to secure an annulment.  When all doors were closed to that, we looked for other options.  Eventually, she secured a divorce decree from Singapore, where she has resided the last ten years.  We obtained her K1 on the strength of the Singapore divorce decree.  The Philippines' official stance is that it would not recognize such a decree as legitimate for its citizens. 

 

So now we find ourselves applying for a passport renewal, and the application form inquires about her marital status.  All of our US documentation will point to her being here as a result of a K1, and will evidence that she is now married to a US citizen.

 

The question is:  Where the forms ask about marital status, how should she respond?  Should she fully disclose her marriage?  Should she answer the application as if she were still married in the Philippines?  Will the embassy bother to look at her filipino marriage status and dig deeper, or will they accept her US forms and information without any hassle?

 

I know these are rather uncharted waters, so I would like to get some insight from you guys.  Anyone with information or suggestions on the issue would be most welcome.  Thank you!

[Cyberfx1024 7,980]

27 minutes ago, t1g3rtoes said:

Need some advice for a peculiar situation, please.

 

My wife is from Philippines, having come over at the end of 2016 with a K1 visa.  We were married in December, and are waiting/wading through a long adjustment of status period now.  Her passport will expire within the year.  She has made an appointment for a passport renewal with the "traveling" Philippines embassy to process her renewal.

 

We have a strange circumstance for the following reason:  My wife was previously married in the Philippines, and tried exhaustively to secure an annulment.  When all doors were closed to that, we looked for other options.  Eventually, she secured a divorce decree from Singapore, where she has resided the last ten years.  We obtained her K1 on the strength of the Singapore divorce decree.  The Philippines' official stance is that it would not recognize such a decree as legitimate for its citizens. 

 

So now we find ourselves applying for a passport renewal, and the application form inquires about her marital status.  All of our US documentation will point to her being here as a result of a K1, and will evidence that she is now married to a US citizen.

 

The question is:  Where the forms ask about marital status, how should she respond?  Should she fully disclose her marriage?  Should she answer the application as if she were still married in the Philippines?  Will the embassy bother to look at her filipino marriage status and dig deeper, or will they accept her US forms and information without any hassle?

 

I know these are rather uncharted waters, so I would like to get some insight from you guys.  Anyone with information or suggestions on the issue would be most welcome.  Thank you!

What name is her passport under, is it her married or maiden name?

[sharkfin07 16]

31 minutes ago, t1g3rtoes said:

Need some advice for a peculiar situation, please.

 

My wife is from Philippines, having come over at the end of 2016 with a K1 visa.  We were married in December, and are waiting/wading through a long adjustment of status period now.  Her passport will expire within the year.  She has made an appointment for a passport renewal with the "traveling" Philippines embassy to process her renewal.

 

We have a strange circumstance for the following reason:  My wife was previously married in the Philippines, and tried exhaustively to secure an annulment.  When all doors were closed to that, we looked for other options.  Eventually, she secured a divorce decree from Singapore, where she has resided the last ten years.  We obtained her K1 on the strength of the Singapore divorce decree.  The Philippines' official stance is that it would not recognize such a decree as legitimate for its citizens. 

 

So now we find ourselves applying for a passport renewal, and the application form inquires about her marital status.  All of our US documentation will point to her being here as a result of a K1, and will evidence that she is now married to a US citizen.

 

The question is:  Where the forms ask about marital status, how should she respond?  Should she fully disclose her marriage?  Should she answer the application as if she were still married in the Philippines?  Will the embassy bother to look at her filipino marriage status and dig deeper, or will they accept her US forms and information without any hassle?

 

I know these are rather uncharted waters, so I would like to get some insight from you guys.  Anyone with information or suggestions on the issue would be most welcome.  Thank you!

The Phil  recognize

[sharkfin07 16]

Just now, sharkfin07 said:

The Phil  recognize

There is no divorce in the Philippines so it won't recognize as valid your wife's divorce. But you don't need to worry about the Phil's attitude towards it because what matters here is how the US sees it.

 

It may not be  valid in the Phil but if valid in the country where conducted, then the US will treat it a such. All USCIS need is that there is a divorce decree before she married you.

 

You don't need to worry because the renewed  Phil passport your wife will have won't show her civil status. In forms you'll fill up in re your US application, state "divorce", ok?

 

I am a filipina who divorced my spouse so while it is not valid in the Phil. , it is valid in the US. I recently married a  Brazilian who i am currently petitioning  as a spouse.

 

i hope this helps you  both.

Misty

[sharkfin07 16]

59 minutes ago, t1g3rtoes said:

Need some advice for a peculiar situation, please.

 

My wife is from Philippines, having come over at the end of 2016 with a K1 visa.  We were married in December, and are waiting/wading through a long adjustment of status period now.  Her passport will expire within the year.  She has made an appointment for a passport renewal with the "traveling" Philippines embassy to process her renewal.

 

We have a strange circumstance for the following reason:  My wife was previously married in the Philippines, and tried exhaustively to secure an annulment.  When all doors were closed to that, we looked for other options.  Eventually, she secured a divorce decree from Singapore, where she has resided the last ten years.  We obtained her K1 on the strength of the Singapore divorce decree.  The Philippines' official stance is that it would not recognize such a decree as legitimate for its citizens. 

 

So now we find ourselves applying for a passport renewal, and the application form inquires about her marital status.  All of our US documentation will point to her being here as a result of a K1, and will evidence that she is now married to a US citizen.

 

The question is:  Where the forms ask about marital status, how should she respond?  Should she fully disclose her marriage?  Should she answer the application as if she were still married in the Philippines?  Will the embassy bother to look at her filipino marriage status and dig deeper, or will they accept her US forms and information without any hassle?

 

I know these are rather uncharted waters, so I would like to get some insight from you guys.  Anyone with information or suggestions on the issue would be most welcome.  Thank you!

She will most defintitely disclose her previous marriage, but when she fills up her US application form she will indicate divorce. All she needs to do is submit certified copy of her earlier marriage and the divorce decree/certificate.

[millefleur 5,046]

**Moved from Moving to the US and Your New Life In America to the Philippines regional forum**

[Hank_ 9,174]

11 hours ago, t1g3rtoes said:

Need some advice for a peculiar situation, please.

 

My wife is from Philippines, having come over at the end of 2016 with a K1 visa.  We were married in December, and are waiting/wading through a long adjustment of status period now.  Her passport will expire within the year.  She has made an appointment for a passport renewal with the "traveling" Philippines embassy to process her renewal.

 

We have a strange circumstance for the following reason:  My wife was previously married in the Philippines, and tried exhaustively to secure an annulment.  When all doors were closed to that, we looked for other options.  Eventually, she secured a divorce decree from Singapore, where she has resided the last ten years.  We obtained her K1 on the strength of the Singapore divorce decree.  The Philippines' official stance is that it would not recognize such a decree as legitimate for its citizens. 

 

So now we find ourselves applying for a passport renewal, and the application form inquires about her marital status.  All of our US documentation will point to her being here as a result of a K1, and will evidence that she is now married to a US citizen.

 

The question is:  Where the forms ask about marital status, how should she respond?  Should she fully disclose her marriage?  Should she answer the application as if she were still married in the Philippines?  Will the embassy bother to look at her filipino marriage status and dig deeper, or will they accept her US forms and information without any hassle?

 

I know these are rather uncharted waters, so I would like to get some insight from you guys.  Anyone with information or suggestions on the issue would be most welcome.  Thank you!

For renewing the passport you will have to follow the name shown on the passport and also the status as shown.   As far as the Philippines is concerned your wife is married to a different person.    And for this reason you can't complete ROM either.

 

This is one of those sticky situations where the Filipina obtained a divorce decree from a foreign country, but the foreign husband did NOT initiated the divorces process.   Philippines only recognized divorces from foreign countries IF the foreign spouse initiated the divorce, even then it will take a court process to get the divorce recognized.

 

10 hours ago, sharkfin07 said:

There is no divorce in the Philippines so it won't recognize as valid your wife's divorce. But you don't need to worry about the Phil's attitude towards it because what matters here is how the US sees it.

 

It may not be  valid in the Phil but if valid in the country where conducted, then the US will treat it a such. All USCIS need is that there is a divorce decree before she married you.

 

You don't need to worry because the renewed  Phil passport your wife will have won't show her civil status. In forms you'll fill up in re your US application, state "divorce", ok?

 

I am a filipina who divorced my spouse so while it is not valid in the Phil. , it is valid in the US. I recently married a  Brazilian who i am currently petitioning  as a spouse.

 

i hope this helps you  both.

Misty

Only partially true.   Foreign divorces are recognized in the Philippines.. only if the foreign spouse initiates the divorce process.  In the above case if the Filipina initiated the divorce it will only be recognized by the rest of the world... not the Philippines.

 

 

10 hours ago, sharkfin07 said:

She will most defintitely disclose her previous marriage, but when she fills up her US application form she will indicate divorce. All she needs to do is submit certified copy of her earlier marriage and the divorce decree/certificate.

 

Edited June 13, 2017 by Hank_

[sharkfin07 16]

6 minutes ago, Hank_ said:

For renewing the passport you will have to follow the name shown on the passport and also the status as shown.   As far as the Philippines is concerned your wife is married to a different person.    And for this reason you can't complete ROM either.

 

This is one of those sticky situations where the Filipina obtained a divorce decree from a foreign country, but the foreign husband did NOT initiated the divorces process.   Philippines only recognized divorces from foreign countries IF the foreign spouse initiated the divorce, even then it will take a court process to get the divorce recognized.

 

Only partially true.   Foreign divorces are recognized in the Philippines.. only if the foreign spouse initiates the divorce process.  In the above case if the Filipina initiated the divorce it will only be recognized by the rest of the world... not the Philippines.

 

 

 

 

10 minutes ago, Hank_ said:

For renewing the passport you will have to follow the name shown on the passport and also the status as shown.   As far as the Philippines is concerned your wife is married to a different person.    And for this reason you can't complete ROM either.

 

This is one of those sticky situations where the Filipina obtained a divorce decree from a foreign country, but the foreign husband did NOT initiated the divorces process.   Philippines only recognized divorces from foreign countries IF the foreign spouse initiated the divorce, even then it will take a court process to get the divorce recognized.

 

Only partially true.   Foreign divorces are recognized in the Philippines.. only if the foreign spouse initiates the divorce process.  In the above case if the Filipina initiated the divorce it will only be recognized by the rest of the world... not the Philippines.

 

 

 

So what's the problem? I was addressing the Filipino national's problem in re the couple's unique situation and US application, not the country's position towards who initiates the divorce. Like I said the country has a say on what their own national/ citizen does.

Their problem did not discuss as to who divorces who, just what and how wife will fill up the application relating to her prior civil status. Let's stick to the particular person's particular issue at hand,, ok?

If you want a discussion of foreigners divorcing their filipina wife, even if the divorce has been initiated by the foreigner,  the Phil Courts ( this time by the Supreme Court), can still completely ignore or even use it against the divorcing husband, if his intention is  just to use it against the filipino national and make a mockery of our laws. Forgot the landmark case as it's been 3 decades since my studies.

[t1g3rtoes 1]

Thanks for all the replies.  I can see from some of the answers that I was a bit unclear about the situation.  I am a US citizen.  My wife is Filipino.  She was previously married to a Filipino.  While every other country recognizes her as now divorced and remarried, the Phils still sees her as married to her Filipino ex.

 

From what I am gleaning, it looks like she needs to maintain her name as it reads on her old passport when she applies for a new one.  It does ask for name of spouse, however.  All of her US forms that will accompany the application for renewal will evidence that she's now married to a US citizen.  Should she be indicating that and putting my name in as spouse, or her ex?  Will they look the other way, or withhold renewal if she discloses the situation to the Phils Embassy staff? 

[Hank_ 9,174]

15 minutes ago, t1g3rtoes said:

Thanks for all the replies.  I can see from some of the answers that I was a bit unclear about the situation.  I am a US citizen.  My wife is Filipino.  She was previously married to a Filipino.  While every other country recognizes her as now divorced and remarried, the Phils still sees her as married to her Filipino ex.

 

From what I am gleaning, it looks like she needs to maintain her name as it reads on her old passport when she applies for a new one.  It does ask for name of spouse, however.  All of her US forms that will accompany the application for renewal will evidence that she's now married to a US citizen.  Should she be indicating that and putting my name in as spouse, or her ex?  Will they look the other way, or withhold renewal if she discloses the situation to the Phils Embassy staff? 

By Philippine records ... you are not the husband, the EX is.   Including the U.S. documents will not do much for the passport renewal.

 

To fix this issue the annulment process would have to be completed.

[Greenbaum 12,259]

15 hours ago, sharkfin07 said:

There is no divorce in the Philippines so it won't recognize as valid your wife's divorce. But you don't need to worry about the Phil's attitude towards it because what matters here is how the US sees it.

 

It may not be  valid in the Phil but if valid in the country where conducted, then the US will treat it a such. All USCIS need is that there is a divorce decree before she married you.

 

You don't need to worry because the renewed  Phil passport your wife will have won't show her civil status. In forms you'll fill up in re your US application, state "divorce", ok?

 

I am a filipina who divorced my spouse so while it is not valid in the Phil. , it is valid in the US. I recently married a  Brazilian who i am currently petitioning  as a spouse.

 

i hope this helps you  both.

Misty

There are two types of divorces that can be recognized in the Philippines. Hank touched on one and the other is Sharia divorce. 

 

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.

Edited June 13, 2017 by Greenbaum