divorced seeking Answer

[Ricababe79 1]

Have Good Day"  i  really need Someone can help my question .

Im Filipina and i Have Fiencee were already 5 years  his been here in Philippines and we also meet in Jordan when i was there. so were long time relationship and we really planned to get married but bcoz im previously married to filipino man my x ..so i filed  shaira court law Divorce. and its all granted with Legal annotations documents and Philippines statistics records. 

     my question is   .it is possible that me and my Fiencee can get marriage here in Philippines so he can file spouse visa for me or it is good to file fiencee visa...  Please help us   we need your advice please were 5 years long distance its very hard but we never give up  and hope there is a miracles happen .what is best way for us.. 

[SalishSea 18,126]

6 minutes ago, Ricababe79 said:

Have Good Day"  i  really need Someone can help my question .

Im Filipina and i Have Fiencee were already 5 years  his been here in Philippines and we also meet in Jordan when i was there. so were long time relationship and we really planned to get married but bcoz im previously married to filipino man my x ..so i filed  shaira court law Divorce. and its all granted with Legal annotations documents and Philippines statistics records. 

     my question is   .it is possible that me and my Fiencee can get marriage here in Philippines so he can file spouse visa for me or it is good to file fiencee visa...  Please help us   we need your advice please were 5 years long distance its very hard but we never give up  and hope there is a miracles happen .what is best way for us.. 

If he is already there, it will probably be quicker to marry and for him to file a CR-1 petition for you.  Manila has not been doing K-1 interviews for awhile.

 

He should read up on the requirements for income and sponsoring an immigrant.

[HRQX 4,145]

1 hour ago, Jorgedig said:

If he is already there, it will probably be quicker to marry and for him to file a CR-1 petition for you.

Plus if they do the Utah ZOOM marriage when both there then it's faster than the local PH marriage process.

Edited August 8, 2021 by HRQX

[nelmagriffin 151]

Greetings!

I am curious. If I may ask? Was your first marriage solemnized under Muslim Sharia Law? or Roman Catholic church? Thanks, NG

[Ricababe79 1]

1 hour ago, nelmagriffin said:

Greetings!

I am curious. If I may ask? Was your first marriage solemnized under Muslim Sharia Law? or Roman Catholic church? Thanks, NG

Solimnizied by Roman

[Ricababe79 1]

2 minutes ago, Ricababe79 said:

Solimnizied by Roman

Everything is under court law  and process to  Local civil registral and and Philippines statistics record that my previous marriage was deleted

[Chancy 6,243]

4 hours ago, Ricababe79 said:

Everything is under court law  and process to  Local civil registral and and Philippines statistics record that my previous marriage was deleted

 

Did your ex file for divorce in Sharia court in Jordan?  If you and your ex got a Sharia court divorce in the Philippines, I'd be very surprised as that is contrary to PH law.  Hopefully, the US embassy in Manila won't doubt the legality of your divorce registration as they are also aware that Roman Catholic marriages in the PH are not normally eligible for Sharia divorce.  Good luck!

 

[nelmagriffin 151]

Greetings!

I understand that you have all the papers to prove it. My only question is that, was your first marriage was solemnized under a muslim sharia law or catholic? In other words, was your first marriage to your Filipino husband Catholic or Muslim? Thanks. NG

[nelmagriffin 151]

8 hours ago, Ricababe79 said:

Solimnizied by Roman

Greetings!

I am sorry that I have repeated the same question. I simply overlooked your answer.

I know that it is very hard in our country because we have no divorce law. Anullment is still the only way to be free to marry.

You might need to ask an expert lawyer regarding this matter to guide you in your situation.

My best of luck,

NG

 

Here is an article that I have read. Click and take time to read this as it actually have examples of applicants who got denied for both K1 and Cr1 applicants.

 

Reference: Converting to Islam to "Legally" Divorce in the Philippines | RapidVisa®

 

Here it is:

 

"The Philippines is the only country other than the Vatican that outlaws divorce. That's why it's no surprise that so many of our customers are surprised to find out that their Filipina fiance cannot qualify for a K1 fiance visa and be with them in the United States due to a previous unresolved marriage. While she may be living completely separated from the first husband for many years, under the eyes of the law, she's still married.

There is one exception that some may think is a viable loophole - "Convert to Islam and be able to legally divorce." Unfortunately for them, it's not that simple. According to Presidential Decree No. 1083, there are divorces allowed in very specific circumstances under Shari'a District Court, subject to the provisions of the Rules of Court. But in terms of obtaining a U.S. visa, bear in mind that it's a U.S. issue, and the consular officer still has the final say.

Most previously married Filipina(o)s find that the only way to be legally free to marry is to secure an annulment. With thousands of dollars, a few years, and a good lawyer, many of them are able to pull it off. However, it is rarely, if ever, a smooth or easy process, and isn't achieved by all who attempt it."

 

 

Edited August 8, 2021 by nelmagriffin

[Chancy 6,243]

12 hours ago, Jorgedig said:

If he is already there, it will probably be quicker to marry and for him to file a CR-1 petition for you.

 

10 hours ago, HRQX said:

Plus if they do the Utah ZOOM marriage when both there then it's faster than the local PH marriage process.

 

Without knowing the details of the OP's divorce proceedings, I would have to say that this case may require consultation with a competent and trustworthy lawyer familiar with both Philippine family law and US immigration.

 

It is normally not possible to obtain a divorce from Sharia court in the Philippines if the marriage was solemnized locally through Roman Catholic rites.  I'd cite the actual provision of law, but I hope it's obvious why Islamic court would have no jurisdiction over Catholic marriages and that PH law agrees with that.  It could be that either party in the marriage converted to Islam and used a loophole in PH law, but the OP has not shared any details about how the divorce was obtained despite that legal provision about non-Muslim marriages and Sharia divorce.

 

OP states that the divorce has been registered with the PH civil registry, but it may be too optimistic to hope that the consul officers at the US embassy in Manila are naive enough not to question how the divorce registration could be possible.  If there is any question about the validity of the divorce, neither K1 nor CR1 would be a viable option for the OP at this time.

 

Edited August 8, 2021 by Chancy
clarification