Is Hong Kong Marriage valid even if marriage in the Philippines is not yet annulled

[pushbrk 13,212]

3 hours ago, MrsOng said:

The petitioner has dual citizenship, a filipino and american citizenship. The petitioner is now with a new filipino family but not yet married since the petitioner’s previous marriage with also a filipino is not yet annulled/divorced. Hope this clarifies the confusion.

It does.  Just a note, for the petitioner to "Marry" anyone, anywhere would be fraudulent, the crime of Bigamy.

[geowrian 22,338]

6 hours ago, HRQX said:

Manila recently issued the following 221g to a VJ user:

"consulate issued the 221g stating she needs recognition of US divorce in the phillipines to have Visa approved"

Yup...they have asked for it. It's incorrect to do so and I hope they get it resolved, but there is no actual requirement to have a divorce recognized by PH.

[MrsOng 0]

4 hours ago, geowrian said:

Yup...they have asked for it. It's incorrect to do so and I hope they get it resolved, but there is no actual requirement to have a divorce recognized by PH.

well, in applying for a visa there is no requirement to have it recognized but then it is a requirement for one to get a certificate of no marriage. so you should have the annotation for your divorce if you have the cenomar, i think.

 

too bad for a dual citizen filipino whose annulment has been rejected in the Philippines. Guess just need to wait for divorce to be legalized in the Philippines.

[Sparkle Sparkle 914]

It is bigamy to be married to someone when you not yet divorced... It is frowned upon morally and punishable under the law in most countries including the USA. Plus USCIS regularly deny such petitions as they are seen as fraudulent. 

[Hank_ 9,174]

19 hours ago, MrsOng said:

American Citizen(dual citizen) and family living overseas out of wedlock due to marriage in the Philippines is not yet annulled. Can we get married in Hong Kong and apply for Spouse Visa or do I need to file divorce in the US for my marriage in the Philippines?

 

If so, do I need to file it in the Philippines Court to recognized my divorce for me to be able to remarry in the Philippines.

 

Thank you.

 

 

As already noted by others you need to be free to marry before you can get married again, this means a divorce must be completed, which can be done anywhere that you are allowed to get this completed (USA even).   

 

Once divorced you are free to marry anywhere except in the Philippines.

 

As for the Philippines, the records there will still show you to be married until you complete either the annulment process or recognition of divorce.  

[geowrian 22,338]

5 hours ago, MrsOng said:

well, in applying for a visa there is no requirement to have it recognized but then it is a requirement for one to get a certificate of no marriage. so you should have the annotation for your divorce if you have the cenomar, i think.

It is a requirement to request a CENOMAR/CEMAR (depending if unmarried or married), but a CEMAR + divorce decree is sufficient for showing dissolution of a marriage under US law, which is what the US goes by.

I can't explain or even do much to speculate why a couple people have been asked for more than that, other than they are making a mistake by doing so.