Married in PI 2013-Divorced in USA 2021- Marry Again?

[David & Diana R 1,005]

Okay, so here I am again.  I married a Filipina in Cebu in 2013.  She divorced me this year here in the USA January 2021. (She is already a US citizen.)  I have found a new love in the Philippines and want to know what I need to marry her in the Philippines. (She has already gotten her cenomar, etc...) Do I need a document from the US Embassy in Manila saying I am free to marry?  My divorce was finalized and I have the divorce decree in hand.  (I would bring my new love here on a fiance visa but she must be married before I even spend the night with her alone. This is her family's rules and I respect that.)  I have been told by some that I may need to get a marriage annulment in the Philippines but that just doesn't make sense to me. We were legally divorced in the USA.  Please help.

 

Mahalo,  David O

[pushbrk 12,330]

1 hour ago, David & Zoila said:

Okay, so here I am again.  I married a Filipina in Cebu in 2013.  She divorced me this year here in the USA January 2021. (She is already a US citizen.)  I have found a new love in the Philippines and want to know what I need to marry her in the Philippines. (She has already gotten her cenomar, etc...) Do I need a document from the US Embassy in Manila saying I am free to marry?  My divorce was finalized and I have the divorce decree in hand.  (I would bring my new love here on a fiance visa but she must be married before I even spend the night with her alone. This is her family's rules and I respect that.)  I have been told by some that I may need to get a marriage annulment in the Philippines but that just doesn't make sense to me. We were legally divorced in the USA.  Please help.

 

Mahalo,  David O

You will not be able to marry a Pinay in the Philippines if you married in the Philippines in 2013.  Tough situation regarding Philippines law.

[pushbrk 12,330]

5 minutes ago, pushbrk said:

You will not be able to marry a Pinay in the Philippines if you married in the Philippines in 2013.  Tough situation regarding Philippines law.

There's more to it than this but you need a Cenomar too, in order to get a Philippines Marriage License.  You cannot get one, because the PSA shows you as married.

 

For the moment, tourists cannot enter the Philippines anyway.  Sounds like you haven't met in person yet, so no fiancee visa is possible for now either.

[David & Diana R 1,005]

3 minutes ago, pushbrk said:

There's more to it than this but you need a Cenomar too, in order to get a Philippines Marriage License.  You cannot get one, because the PSA shows you as married.

 

For the moment, tourists cannot enter the Philippines anyway.  Sounds like you haven't met in person yet, so no fiancee visa is possible for now either.

Someone told me that I could get a letter from the US Embassy in Manila that shows I am now single and able to marry again.  I had to do this the first time around in Cebu at the US Consular office.  I had to swear that I had not been previously married and they gave me a document that satisfied the Philippine government.    

[pushbrk 12,330]

Just now, David & Zoila said:

Someone told me that I could get a letter from the US Embassy in Manila that shows I am now single and able to marry again.  I had to do this the first time around in Cebu at the US Consular office.  I had to swear that I had not been previously married and they gave me a document that satisfied the Philippine government.    

"Someone" told you wrong. You would need that and that only, if you never married in the Philippines.  Currently, you don't have to get that from the Embassy or Consulate.  Any Philippine Notary will do, but you ALSO need a CENOMAR, and you cannot get that.  At the moment, you can get neither, as you cannot get into the Philippines at all.  I'm here, but if I leave, I won't get back in.  It is what it is.

[David & Diana R 1,005]

10 minutes ago, pushbrk said:

There's more to it than this but you need a Cenomar too, in order to get a Philippines Marriage License.  You cannot get one, because the PSA shows you as married.

 

For the moment, tourists cannot enter the Philippines anyway.  Sounds like you haven't met in person yet, so no fiancee visa is possible for now either.

Yes I am aware that the Philippines is not "open" yet.  And yes we have not met in person yet.  I am trying to prepare so I can do the same thing I did last time and that was to arrive in the Philippines ant get married a week or so later.  Then I would come back to USA and file for spouse visa.

[David & Diana R 1,005]

3 minutes ago, pushbrk said:

"Someone" told you wrong. You would need that and that only, if you never married in the Philippines.  Currently, you don't have to get that from the Embassy or Consulate.  Any Philippine Notary will do, but you ALSO need a CENOMAR, and you cannot get that.  At the moment, you can get neither, as you cannot get into the Philippines at all.  I'm here, but if I leave, I won't get back in.  It is what it is.

I understand that.  How do I get a Cenomar?  Do I need an attorney in the Philippines? There has to be a way to get a CENOMAR???  What is the process?

 

[pushbrk 12,330]

Just now, David & Zoila said:

Yes I am aware that the Philippines is not "open" yet.  And yes we have not met in person yet.  I am trying to prepare so I can do the same thing I did last time and that was to arrive in the Philippines ant get married a week or so later.  Then I would come back to USA and file for spouse visa.

And you will not be able to marry in the Philippines, because the PSA (Philippines Statistics Authority) will not give you a CENOMAR.  You could marry in any other country that allows two foreigners to marry, but not in the Philippines.

[pushbrk 12,330]

2 minutes ago, David & Zoila said:

I understand that.  How do I get a Cenomar?  Do I need an attorney in the Philippines? There has to be a way to get a CENOMAR???  What is the process?

 

To get a CENOMAR you would need an annulment.  How...I... get a CENOMAR is go to the local PSA office, pay a small fee and ask for one.  How...YOU...get one is to get an annulment first.

Edited May 26, 2021 by pushbrk

[David & Diana R 1,005]

3 minutes ago, pushbrk said:

To get a CENOMAR you would need an annulment.  How...I... get a CENOMAR is go to the local PSA office, pay a small fee and ask for one.  How...YOU...get one is to get an annulment first.

Okay so who do I call in the Philippines to get an annulment and does it take years and cost millions of pesos to get one.\?  Otherwise you are saying we could go to say Thailand and get married there?  But she doesn't even have a passport yet.  And even if she gets one the Philippines mat not let her leave with me to go to Thailand.?

Do I get a US attorney to get an anullment or a PI attorney?  

[pushbrk 12,330]

2 minutes ago, David & Zoila said:

Okay so who do I call in the Philippines to get an annulment and does it take years and cost millions of pesos to get one.\?  Otherwise you are saying we could go to say Thailand and get married there?  But she doesn't even have a passport yet.  And even if she gets one the Philippines mat not let her leave with me to go to Thailand.?

Do I get a US attorney to get an anullment or a PI attorney?  

Your marriage needs to be annulled in the Philippines.  Yes, probably years, if possible at all when neither party to the marriage, actually lives in the Philippines.  Your X is no longer a Philippines Citizen either.  Check with a Filipino lawyer to see if it is even possible for you to start the process.  For now, you need annulment help, not US immigration help.  OR...you need to find a non Pinay.

Edited May 26, 2021 by pushbrk

[Chancy 6,235]

1 hour ago, David & Zoila said:

I have been told by some that I may need to get a marriage annulment in the Philippines but that just doesn't make sense to me. We were legally divorced in the USA. 

 

The Philippine government does not automatically recognize the validity of foreign divorces.  If your plan is to get married in the Philippines again, you must get your US divorce recognized by a Philippine court.  This process took about a year or so, pre-COVID.  Only after you complete that process will the PSA update your civil registry records and you can be free to marry again in the Philippines.

 

Without that court-recognition of divorce, you will not be able to get the PSA document required to get a marriage license.  Even if some government official is somehow negligent and you are able to get a marriage license and register the second marriage without getting your foreign divorce recognized by a local court, under Philippine law your second marriage will be considered bigamous and therefore, invalid.

 

As mentioned above, best course of action is to get married outside the Philippines.  That foreign marriage will be valid for US immigration purposes.

 

[David & Diana R 1,005]

4 minutes ago, Chancy said:

 

The Philippine government does not automatically recognize the validity of foreign divorces.  If your plan is to get married in the Philippines again, you must get your US divorce recognized by a Philippine court.  This process took about a year or so, pre-COVID.  Only after you complete that process will the PSA update your civil registry records and you can be free to marry again in the Philippines.

 

Without that court-recognition of divorce, you will not be able to get the PSA document required to get a marriage license.  Even if some government official is somehow negligent and you are able to get a marriage license and register the second marriage without getting your foreign divorce recognized by a local court, under Philippine law your second marriage will be considered bigamous and therefore, invalid.

 

As mentioned above, best course of action is to get married outside the Philippines.  That foreign marriage will be valid for US immigration purposes.

 

Heads-up to everyone.  I am not trying to be argumentative at all.  I apologize if it was taken the wrong way.  I am just searching for answers.  There has to be a legal work around for this situation.  You mentioned we both go to another country and get married.  Then I bring her back to PI and we have a "ceremonial wedding" at a church with all her family. Since the wedding took place out of country that would not affect our spousal visa would it?  I mean we wouldn't get a marriage contract in the Philippines it would just be a ceremonial wedding for her friends and family. .  Would we then file for a spouse visa and the Philippine government would have no say in the matter?  Need help, please.

[pushbrk 12,330]

5 minutes ago, Chancy said:

 

The Philippine government does not automatically recognize the validity of foreign divorces.  If your plan is to get married in the Philippines again, you must get your US divorce recognized by a Philippine court.  This process took about a year or so, pre-COVID.  Only after you complete that process will the PSA update your civil registry records and you can be free to marry again in the Philippines.

 

Without that court-recognition of divorce, you will not be able to get the PSA document required to get a marriage license.  Even if some government official is somehow negligent and you are able to get a marriage license and register the second marriage without getting your foreign divorce recognized by a local court, under Philippine law your second marriage will be considered bigamous and therefore, invalid.

 

As mentioned above, best course of action is to get married outside the Philippines.  That foreign marriage will be valid for US immigration purposes.

 

The folks I know here who married in this situation, married in a third country.  In the OP's circumstance, I suspect he's right, that she can't travel alone with him.  Travel authorities won't allow it, and her parents won't either.  She would need to travel with a family member.  Even then, no family at the wedding can be problematic, not for immigration but for actually getting parent's permission to do this.

 

[pushbrk 12,330]

1 minute ago, David & Zoila said:

Heads-up to everyone.  I am not trying to be argumentative at all.  I apologize if it was taken the wrong way.  I am just searching for answers.  There has to be a legal work around for this situation.  You mentioned we both go to another country and get married.  Then I bring her back to PI and we have a "ceremonial wedding" at a church with all her family. Since the wedding took place out of country that would not affect our spousal visa would it?  I mean we wouldn't get a marriage contract in the Philippines it would just be a ceremonial wedding for her friends and family. .  Would we then file for a spouse visa and the Philippine government would have no say in the matter?  Need help, please.

No, there does not have to be a local workaround.  There simply isn't.  What you suggest above, fits what has already been suggested, but that is not a "local" workaround.  If her family won't allow her to spend the night with you before you're married, they certainly won't allow her to travel out of the country with you alone.  They'll want at least a family member to go with you, if not several family members.