Can U.S. Citizen Remarry in Philippines with U.S. Divorce?

[Lone Wolf 4]

U.S. citizen married to a Filipina in the Philippines, received divorce in the U.S. from filipino wife.

Is all I need is a "Affidavit In Lieu of Certificate of Legal Capacity to Marry" from the embassy or would I have to get the divorce recognized in the Philippines since my last marriage was in the Philippines to a Filipino?

Off Topic: Is there a place online foreigners are monitoring/discussing COVID, travel, and the Philippines. Personally had tickets to come back March 19 but flight to Davao got cancelled. Now I don't know if/when I can go back. Had K1 application approval but need to make other plans.

[Just Paul 4,595]

9 minutes ago, Lone Wolf said:

Is all I need is a "Affidavit In Lieu of Certificate of Legal Capacity to Marry" from the embassy or would I have to get the divorce recognized in the Philippines since my last marriage was in the Philippines to a Filipino?
 

Then you are still considered married in the Philippines. You will need Philippines Judicial Recognition.  

https://www.philippineconsulatela.org/wp-content/uploads/2017/12/Judicial-Recognition-of-Divorce-in-the-Philipines.pdf

 

 

Edited April 26, 2020 by Paul & Mary

[Hank_ 9,174]

20 minutes ago, Lone Wolf said:

U.S. citizen married to a Filipina in the Philippines, received divorce in the U.S. from filipino wife.

Is all I need is a "Affidavit In Lieu of Certificate of Legal Capacity to Marry" from the embassy or would I have to get the divorce recognized in the Philippines since my last marriage was in the Philippines to a Filipino?

Off Topic: Is there a place online foreigners are monitoring/discussing COVID, travel, and the Philippines. Personally had tickets to come back March 19 but flight to Davao got cancelled. Now I don't know if/when I can go back. Had K1 application approval but need to make other plans.

Did you complete Report of Marriage with your previous marriage?

[Lone Wolf 4]

1 hour ago, Paul & Mary said:

Then you are still considered married in the Philippines. You will need Philippines Judicial Recognition.  

https://www.philippineconsulatela.org/wp-content/uploads/2017/12/Judicial-Recognition-of-Divorce-in-the-Philipines.pdf

What confuses me is that says "Filipino spouse", I am not Filipino. But the marriage is registared with the NSO.

1 hour ago, Paul & Mary said:

 

 

[Lone Wolf 4]

50 minutes ago, Hank_ said:

Did you complete Report of Marriage with your previous marriage?

That sounds like the paperwork that needs to be submitted to the NSO. I do know it was registered with the NSO, I was going to apply for a 13a but then realized it probably would not even last long enough to get through the process.

[Just Paul 4,595]

48 minutes ago, Lone Wolf said:

That sounds like the paperwork that needs to be submitted to the NSO. I do know it was registered with the NSO, I was going to apply for a 13a but then realized it probably would not even last long enough to get through the process.

Since you got married in the Philippines you now have a CEMAR at the NSO. 

[Hank_ 9,174]

56 minutes ago, Lone Wolf said:

That sounds like the paperwork that needs to be submitted to the NSO. I do know it was registered with the NSO, I was going to apply for a 13a but then realized it probably would not even last long enough to get through the process.

You got married in the Philippines originally I am gathering.

 

OK.  For a foreigner I don't know that you have to complete the recognition of divorce process through the RTC.   I know of a couple others that were in your situation and along with the affidavit from the embassy they brought their divorce decree with them to the LCR when they applied for the marriage license.    The recognition of divorce has had a few changes in the past few years.  I have not heard of anyone (foreigner) report back YET that they had to complete the recognition process ... you may have to let us know what the current rules are.    

 

 

Edited April 27, 2020 by Hank_

[Hank_ 9,174]

Married in the USA and reporting the marriage the foreigner has a CEMAR at PSA 

[Lone Wolf 4]

14 minutes ago, Paul & Mary said:

Since you got married in the Philippines you now have a CEMAR at the NSO. 

But do they match them and/or care for foreigner?

[Lone Wolf 4]

7 minutes ago, Hank_ said:

Married in the USA and reporting the marriage the foreigner has a CEMAR at PSA 

Married in the Philippines. Davao.

 

 

Edited April 27, 2020 by Lone Wolf

[Grant PDX 183]

For a foreigner they don't request a CENOMAR.  Just the affidavit from the Embassy.  The embassy will require that you show all divorce decrees from previous marriages.  If you show the decrees, you get the affidavit.  The affidavit is what is required of a US citizen to get married in the Philippines, not a CENOMAR.  You shouldn't have a problem getting the affidavit, just have all the required paperwork.

[payxibka 10,045]

14 minutes ago, Grant PDX said:

For a foreigner they don't request a CENOMAR.  Just the affidavit from the Embassy.  The embassy will require that you show all divorce decrees from previous marriages.  If you show the decrees, you get the affidavit.  The affidavit is what is required of a US citizen to get married in the Philippines, not a CENOMAR.  You shouldn't have a problem getting the affidavit, just have all the required paperwork.

Generally maybe, but certainly not always true.  When I was going to do the ceremony in Cebu,  the municipal wanted a CENOMAR from both before issuing the license. 

[Chancy 6,241]

4 hours ago, Lone Wolf said:

Had K1 application approval but need to make other plans.

 

Does this mean your fiancee got a K-1 visa?  Are you thinking of going for CR-1 instead?

 

[Cyberfx1024 7,980]

14 hours ago, Grant PDX said:

For a foreigner they don't request a CENOMAR.  Just the affidavit from the Embassy.  The embassy will require that you show all divorce decrees from previous marriages.  If you show the decrees, you get the affidavit.  The affidavit is what is required of a US citizen to get married in the Philippines, not a CENOMAR.  You shouldn't have a problem getting the affidavit, just have all the required paperwork.

Not so anymore. Many municipalities are asking for the CENOMAR as well

[Lone Wolf 4]

15 hours ago, Chancy said:

 

Does this mean your fiancee got a K-1 visa?  Are you thinking of going for CR-1 instead?

 

No, we just got as far as the NOA 2. Long.. short...  because of the kids we're probably going to delay for another 4 or 5 years.

Was discussing with her about having a wedding in PI w/o license because of divorce recognition if she wanted to. She said she thought I didn't need the divorce recognized by the RTC.

I'm not finding anything on point and was trying to verify what I was telling her was accurate.

Probably no problem getting the license, but when reported to PSA wonder if it would be considered bigamy.

Edited April 27, 2020 by Lone Wolf