Shariah law divorced and petitioned by parent (split)

[Jenniveb 1]

On 2/1/2017 at 10:51 AM, Cyberfx1024 said:

You have fortunately lucked out very good. Yes, the US Embassy Manila accepts divorce under Sharia law ONLY if the claimant was Married under Sharia law as well.The Philippines and US Government started cracking down on this late last year because so many people were getting divorced under Sharia law but they were married in a Catholic Church, so now this is not recognized unless the individual was married in Sharia law as well. 

 

So you are fine and you should not have a problem at all with the USEM. 

Hello..i have applied for a divorce thru Shariah Court since my annulment was denied..we were married on a Catholic  rites..does this mean my hubby will not be granted of his parents petition to go to hawaii?

 

[John & Rose 7,239]

On 1/31/2017 at 7:35 PM, Jec1970 said:

Hi! Is there anyone here have the same case with me? Im just curious about my status as Divorce here in the Phil, i was married under shariah law in muslim ceremony last 1990 and got the approval of my divorced last 2009. Do u have any idea if the USEM accept divorce paper when in fact phil dont acknowledge divorce. I already had my marriage contract anotated from PSA that my marriage is already dissolved and Certificate of divorce issued by PSA. I read a lot about denial of there us visa application because USEM dont accept divorce under shariah law. What about if both are just married under shariah law and never been married at civil and church wedding is it acceptable by the US embassy?

USEM will recognize the divorce since the Philippines recognizes it.  The denials you read about are people who get married in a civil or church wedding and use a fixer to "convert" and get a Muslim divorce, which is illegal.  Your CENOMAR will be annotated and the Muslim divorce is recognized as long as both parties were Muslim and the marriage was solemnized in the Muslim tradition.  Those are the only legal divorces allowed in the Philippines and I've seen many approvals.  PSA does have to annotate the CENOMAR though.

 

[Cyberfx1024 7,980]

8 hours ago, Jenniveb said:

Hello..i have applied for a divorce thru Shariah Court since my annulment was denied..we were married on a Catholic  rites..does this mean my hubby will not be granted of his parents petition to go to hawaii?

 

Honestly, since your petition JD not marriage based then I am unsure. So, your asawa has been petitioned by his parents, and you are wanting you to follow?

[Jenniveb 1]

1 hour ago, Cyberfx1024 said:

Honestly, since your petition JD not marriage based then I am unsure. So, your asawa has been petitioned by his parents, and you are wanting you to follow?

No...i wont be going there..we are separated for 11years already..and his mom petitioned him to go there years ago but the annulment we filed before was denied..and i was adviced to file again thru Shariah Court..i was told its ok and is also valid..

[Cyberfx1024 7,980]

6 minutes ago, Jenniveb said:

No...i wont be going there..we are separated for 11years already..and his mom petitioned him to go there years ago but the annulment we filed before was denied..and i was adviced to file again thru Shariah Court..i was told its ok and is also valid..

Since it is a parent petition and not a marriage one then he would be able to go to the USA. 

[Jenniveb 1]

18 minutes ago, Cyberfx1024 said:

Since it is a parent petition and not a marriage one then he would be able to go to the USA. 

Thankyou very much for the answer..God bless you..

[Chancy 6,239]

On 7/13/2021 at 11:42 PM, Jenniveb said:

i have applied for a divorce thru Shariah Court since my annulment was denied..we were married on a Catholic  rites

 

14 hours ago, Jenniveb said:

i was adviced to file again thru Shariah Court..i was told its ok and is also valid

 

Unfortunately, you were told wrong.  Divorce in the Philippines under Sharia law is only possible for marriages solemnized under Sharia law.  This is stated under Article 13 of PD 1083 (Code of Muslim Personal Laws of the Philippines) -- "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."

 

If you were married in the Philippines through Catholic rites, PD 1083 does not apply to your marriage.  The marriage laws that apply to you are those in the Family Code, which does not recognize divorce between two non-Muslim non-dual-citizen Filipinos married in Philippines.

 

I recommend you seek out a trustworthy family lawyer in the Philippines to explore your legal options.

 

[Cyberfx1024 7,980]

2 hours ago, Chancy said:

 

 

Unfortunately, you were told wrong.  Divorce in the Philippines under Sharia law is only possible for marriages solemnized under Sharia law.  This is stated under Article 13 of PD 1083 (Code of Muslim Personal Laws of the Philippines) -- "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."

 

If you were married in the Philippines through Catholic rites, PD 1083 does not apply to your marriage.  The marriage laws that apply to you are those in the Family Code, which does not recognize divorce between two non-Muslim non-dual-citizen Filipinos married in Philippines.

 

I recommend you seek out a trustworthy family lawyer in the Philippines to explore your legal options.

 

They are not looking to immigrate through a marriage visa. They are asking for their former asawa that has a family based petition not a marriage visa. 

[Chancy 6,239]

5 minutes ago, Cyberfx1024 said:

They are not looking to immigrate through a marriage visa. They are asking for their former asawa that has a family based petition not a marriage visa. 

 

I understand that.  I was disputing the statement that Philippine divorce through Sharia law is "ok and valid" for those married under Catholic rites.  It is not, according to Philippine law.  Whether the person is intending to immigrate or not is irrelevant.

 

[top_secret 2,283]

11 minutes ago, Cyberfx1024 said:

They are not looking to immigrate through a marriage visa. They are asking for their former asawa that has a family based petition not a marriage visa. 

 

If it is an over 21 y/o son, petitioned by the mother, doesn't it make a difference in when the priority date is current if the son is married or not???

 

[Cyberfx1024 7,980]

10 minutes ago, Chancy said:

 

I understand that.  I was disputing the statement that Philippine divorce through Sharia law is "ok and valid" for those married under Catholic rites.  It is not, according to Philippine law.  Whether the person is intending to immigrate or not is irrelevant.

 

As is stated earlier in this thread by me in 2017, and completely not relevant to the question that was asked. 

[Chancy 6,239]

4 minutes ago, Cyberfx1024 said:

As is stated earlier in this thread by me in 2017, and completely not relevant to the question that was asked. 

 

And I was not responding to the question posted in 2017.  I was commenting on the recent claim told to the new member that Philippine divorce through Sharia law is "ok and valid" for those married under Catholic rites.  Not sure what is so confusing about my post when I quoted exactly the lines I was commenting about.  Just nipping misinformation in the bud here, as I know there are many who are desperate to find a way to divorce in the Philippines.

 

[Cyberfx1024 7,980]

39 minutes ago, Chancy said:

 

And I was not responding to the question posted in 2017.  I was commenting on the recent claim told to the new member that Philippine divorce through Sharia law is "ok and valid" for those married under Catholic rites.  Not sure what is so confusing about my post when I quoted exactly the lines I was commenting about.  Just nipping misinformation in the bud here, as I know there are many who are desperate to find a way to divorce in the Philippines.

 

There is no misinformation here because many people go that route in the Philippines to get out from being married. My take is in regards to immigrating to the USA on a marriage based petition. Which you are just trying put your input in when it has been clearly explained in the past. 

[Chancy 6,239]

17 minutes ago, Cyberfx1024 said:

There is no misinformation here because many people go that route in the Philippines to get out from being married. My take is in regards to immigrating to the USA on a marriage based petition. Which you are just trying put your input in when it has been clearly explained in the past. 

 

The misinformation I was referring to is this line (which I also quoted in a previous post) -- "i was adviced to file again thru Shariah Court..i was told its ok and is also valid", yet the marriage was solemnized under Catholic rites.  Just because many try that route doesn't mean that it's not a misinformed act.  And I cited the actual provision of law that the new member can discuss with whoever told her that it was ok to file.  Nothing wrong with posting the reference.

 

[Ontarkie 14,133]

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