Visitor visa then marriage

[Cactus0430 0]

Hello,

if this was asked previously, I apologize. My question is that when a Filipino man is granted a visitor visa to the USA let’s say good for 5 months then he met a US citizen during his visit/stay. He’s previously married to a Filipina in the Philippines but hasn’t been together for the past 24 years since the ex-wife cheated  on him and been with the other man till this point and has her own children with a new man. The ex-wife lives in Malaysia and is “married” to the new man. Now, after his 5th month of stay in bathe USA, I heard that he can re-marry again provided he has to divorce his previous marriage to the Filipina and it can be done in the USA?  If this is the case , his visitor visa expires on the 5th month of his visa: questions :

 

1. When can he start filing the divorce ? I mean after the 150th days of his visitor visa expires ?  If yes, then what’s going to happen to his status now that his visitor visa expired already ? 

 

2.  Can he file The Divorce of Philippine marriage here in the USA? if yes , does he need to be a resident of the USA for certain number of years prior of filing the divorce ?
 

Thanks a lot ! I appreciate you all!

[Nitas_man 3,100]

16 minutes ago, Cactus0430 said:

Hello,

if this was asked previously, I apologize. My question is that when a Filipino man is granted a visitor visa to the USA let’s say good for 5 months then he met a US citizen during his visit/stay. He’s previously married to a Filipina in the Philippines but hasn’t been together for the past 24 years since the ex-wife cheated  on him and been with the other man till this point and has her own children with a new man. The ex-wife lives in Malaysia and is “married” to the new man. Now, after his 5th month of stay in bathe USA, I heard that he can re-marry again provided he has to divorce his previous marriage to the Filipina and it can be done in the USA?  If this is the case , his visitor visa expires on the 5th month of his visa: questions :

 

1. When can he start filing the divorce ? I mean after the 150th days of his visitor visa expires ?  If yes, then what’s going to happen to his status now that his visitor visa expired already ? 

 

2.  Can he file The Divorce of Philippine marriage here in the USA? if yes , does he need to be a resident of the USA for certain number of years prior of filing the divorce ?
 

Thanks a lot ! I appreciate you all!

There is no, zero chance that an out-of-status visitor will be able to file divorce for a foreign spouse in the US

He needs to get back home before he triggers an overstay ban, get his divorce, and then he can worry about (legally) immigrating to the US

[Boiler 46,445]

I believe every US state requires residency to divorce.

[SusieQQQ 11,587]

49 minutes ago, Nitas_man said:

There is no, zero chance that an out-of-status visitor will be able to file divorce for a foreign spouse in the US

He needs to get back home before he triggers an overstay ban, get his divorce, and then he can worry about (legally) immigrating to the US

This. He can’t get out of his overstay predicament by marrying the USC before his divorce, obviously, and he can’t divorce from within the US, so he has absolutely no path to doing this without leaving the US.

(As an aside, the USC probably doesn’t need to be pressured into marriage after knowing someone such a short time as an attempt to deal with his status issues, either. He can go back, sort out his marital issues, and they can continue a long distance relationship in the meanwhile to see if the usc will indeed want to sponsor him for a fiancé or spouse visa in due course.)

 

Edited January 4, 2020 by SusieQQQ

[Boiler 46,445]

This has all been discussed before btw.

Edited January 4, 2020 by Boiler

[SusieQQQ 11,587]

3 minutes ago, Boiler said:

This has all been discussed before btw.

Oh... you’re right. 
Another of those situations where a poster thinks the passage of time somehow changes the facts of the case?

 

 

[igoyougoduke 1,678]

1 hour ago, Cactus0430 said:

Hello,

if this was asked previously, I apologize. My question is that when a Filipino man is granted a visitor visa to the USA let’s say good for 5 months then he met a US citizen during his visit/stay. He’s previously married to a Filipina in the Philippines but hasn’t been together for the past 24 years since the ex-wife cheated  on him and been with the other man till this point and has her own children with a new man. The ex-wife lives in Malaysia and is “married” to the new man. Now, after his 5th month of stay in bathe USA, I heard that he can re-marry again provided he has to divorce his previous marriage to the Filipina and it can be done in the USA?  If this is the case , his visitor visa expires on the 5th month of his visa: questions :

 

1. When can he start filing the divorce ? I mean after the 150th days of his visitor visa expires ?  If yes, then what’s going to happen to his status now that his visitor visa expired already ? 

 

2.  Can he file The Divorce of Philippine marriage here in the USA? if yes , does he need to be a resident of the USA for certain number of years prior of filing the divorce ?
 

Thanks a lot ! I appreciate you all!

1) He can start his divorce as soon as he lands in Phillipines. Last i checked Phillipines was in Asia 

 

2) ofcourse no. Phillipines isnt a state in US. The resident part really does not apply here 

 

 

[geowrian 22,338]

5 minutes ago, Donald120383 said:

1) He can start his divorce as soon as he lands in Phillipines. Last i checked Phillipines was in Asia 

 

2) ofcourse no. Phillipines isnt a state in US. The resident part really does not apply here

No divorce in Philippines (barring marriage + divorce in a Sharia court in limited cases)

Edited January 4, 2020 by geowrian

[JFH 12,191]

How is the first wife now married to someone else if you are still married to her? 

[user555 196]

It sounds like this Filipino man has a wife that committed adultery and left him for another man. No matter how many years have passed, they are still married. Could he bring charges against her in the Philippines due to this adultery? Yes. Will it go anywhere? No. She has made herself hard to track down. Now you come along. It sounds like you're interested in this Filipino man. He is still married. Could the wife bring adultery charges against her Filipino man now? The Philippines has some of the most archaic laws regarding chastity and marriage. My suggestion is to find someone else. If your intent is to marry this Filipino man, you have a long, long road ahead of you and it sounds like it may never legally work out for you. 

[SusieQQQ 11,587]

7 hours ago, JFH said:

How is the first wife now married to someone else if you are still married to her? 

She had “married” in quotation marks and the other thread implies it’s not official. (Even if it is, her committing bigamy doesn’t make it ok for him, and is especially bad from a US immigration law perspective )

[Crazy Cat 42,769]

15 hours ago, Cactus0430 said:

Hello,

if this was asked previously, I apologize. My question is that when a Filipino man is granted a visitor visa to the USA let’s say good for 5 months then he met a US citizen during his visit/stay. He’s previously married to a Filipina in the Philippines but hasn’t been together for the past 24 years since the ex-wife cheated  on him and been with the other man till this point and has her own children with a new man. The ex-wife lives in Malaysia and is “married” to the new man. Now, after his 5th month of stay in bathe USA, I heard that he can re-marry again provided he has to divorce his previous marriage to the Filipina and it can be done in the USA?  If this is the case , his visitor visa expires on the 5th month of his visa: questions :

 

1. When can he start filing the divorce ? I mean after the 150th days of his visitor visa expires ?  If yes, then what’s going to happen to his status now that his visitor visa expired already ? 

 

2.  Can he file The Divorce of Philippine marriage here in the USA? if yes , does he need to be a resident of the USA for certain number of years prior of filing the divorce ?
 

Thanks a lot ! I appreciate you all!

I would advise him NOT to overstay his visitor visa at all costs.  Secondly, he has to COMPLETELY dissolve the first marriage before he can legally marry again.   As stated above by @geowrian, Philippines does not allow divorce except in certain circumstances.

 

https://en.wikipedia.org/wiki/Divorce_law_by_country

"Philippine law does not provide for divorce inside the country, and it remains the only UN-member state beside Vatican City without legal provision for divorce. The only exception is with respect to Muslims, who are allowed to divorce in certain circumstances according to their religion." 

 

"Tales of the Green Card" material.

Edited January 4, 2020 by missileman

[Nat&Amy 623]

In the previous thread, you were given advice to go to Guam to get a divorce. You were told it would only take 7 days. You were also told that it would be difficult to get a visitor visa.

 

Now, on this thread, I presume your significant other already has a visa, has already stayed 5 months in the US, and has not yet filed for divorce. 

 

By putting two and two together, it sounds like the part of the story where you say "person from the Philippines comes to the US on a visitor visa, meets US citizen and now they have plans to marry" is already a lie, since 5 months ago you were already planning to marry anyway.

 

Lying is never a good idea. If folks at VJ can easily track your past, you can bet that US Immigration can too, much faster, and in many other ways.

 

 

[SusieQQQ 11,587]

Adding all the above up, it seems you and this Filipino guy might need to do what his wife has done = find somewhere that you can both get rights to live and be together, without a marriage or spouse visa needing to be involved. 

[Amadia 711]

14 hours ago, Cactus0430 said:

He’s previously married to a Filipina in the Philippines but hasn’t been together for the past 24 years since the ex-wife cheated  on him and been with the other man till this point and has her own children with a new man.

Not together for 24 years but never filed for divorce in all that time....then expect to file for divorce while in another country?