Help! Fiancee is divorced in US but married in Philippines

[Lyn81 6]

My Fiancee filed for divorce when he came to visit me in California in 2019. The ex and him agreed about the divorce and was finalized. However in the Philippines since there is no divorce, legally they are still married. 

 

During the interview, they took his passport and told him that they need to check if he is single. Do you guys think that there will be an issue with his application for K1 fiancee visa? 

 

Thanks, 

Lyn

 

 

[Redro 4,611]

1 hour ago, Lyn81 said:

My Fiancee filed for divorce when he came to visit me in California in 2019. The ex and him agreed about the divorce and was finalized. However in the Philippines since there is no divorce, legally they are still married. 

 

During the interview, they took his passport and told him that they need to check if he is single. Do you guys think that there will be an issue with his application for K1 fiancee visa? 

 

Thanks, 

Lyn

 

 

Where is your partner from? Was he a resident of California when he filed for divorce? And did he register the divorce with his home country if he is not from the Philippines? 

 

A quick google shows it is possible to obtain a divorce if you got married in the Philippines but the foreign spouse files for divorce in their home country. 

The view of an overseas divorce under Philippine Law

Where there is a valid marriage between a Filipino citizen and a foreigner/expatriate, then a divorce can be obtained abroad using the laws in the home country of the foreign spouse. This would constitute a valid divorce in the Philippines and would therefore give both parties capacity to remarry under Philippine law.

Until recently, this applied only to mixed nationality couples of Filipino marriages. The rule has broadened and now includes Filipinos who have become naturalised in a foreign country and seek a legally binding divorce.

 

https://expatriatelaw.com/divorce-in-the-philippines/

Edited November 1, 2021 by Kor2USA
added link

[Just Paul 4,595]

If your fiance isn't filipino then it shouldn't be an issue.

[SalishSea 17,833]

3 hours ago, Lyn81 said:

My Fiancee filed for divorce when he came to visit me in California in 2019. The ex and him agreed about the divorce and was finalized. However in the Philippines since there is no divorce, legally they are still married. 

 

During the interview, they took his passport and told him that they need to check if he is single. Do you guys think that there will be an issue with his application for K1 fiancee visa? 

 

Thanks, 

Lyn

 

 

How could that divorce be legal if it was filed for during a visit to the US?   

[Redro 4,611]

27 minutes ago, Paul & Mary said:

If your fiance isn't filipino then it shouldn't be an issue.

It could be an issue if the fiance or the ex-wife weren't residents of California when the divorce was filed (if he filed in California). Maybe other States have looser definitions of residency but in California "to file for divorce of a marriage in California, either you or your spouse must have lived in California for 6 months and in the county where you are filing your case for at least 3 months. If you do not meet these requirements, you can file for legal separation, then file an amended petition for divorce in the county in which you live once their residency requirements are met."

 

Not sure if he qualifies as a visitor (on a visitor visa or ESTA). 

[Carpe Vinum 2,327]

Self Edit

Edited November 1, 2021 by Carpe Vinum

[Adventine 3,196]

***Moved to the Philippines regional forum for country-specific answers***

 

@Lyn81

We need more details, especially as your flag says Thailand but you are talking about a divorce being recognized in the Philippines. Is your fiance Filipino? Where did he get married? Was his interview at the US embassy in Manila?

[Lyn81 6]

@Kor2USA, the divorce was filed in Seattle, WA where there is no residency requirement. It was finalized last Oct 2020.

 

@Adventine, my fiance is currently residing in Thailand due to work but he is Filipino and got married in Philippines. The interview was in Thailand because that's where he resides. 

[Adventine 3,196]

It seems to me that, as long as he has his divorce decree from the US, he should be fine. The US embassy will follow US divorce laws.

 

Be aware that, if the two of you ever decide to move to the Philippines, you will not be recognized as his legal spouse unless he has his foreign divorce recognized there.

[Chancy 6,241]

1 hour ago, Lyn81 said:

@Kor2USA, the divorce was filed in Seattle, WA where there is no residency requirement. It was finalized last Oct 2020.

 

@Adventine, my fiance is currently residing in Thailand due to work but he is Filipino and got married in Philippines. The interview was in Thailand because that's where he resides. 

 

Not quite accurate that there's no residency requirement for divorce in WA.  While there's no requirement for length of residency, there's a requirement for proof of residency in the state on the date of filing.  (@Jorgedig, please correct me if I'm wrong.)  I'm curious how someone who resides in Thailand and came on a visit to the US was able to convince the court of their residency in WA.

 

Hopefully the consulate in Thailand will be convinced that the US divorce was not fraudulently obtained.  If they are convinced of the validity of the US divorce, it won't matter to them that the divorce is not recognized in the Philippines.  Please do update us on whether the consulate agrees that your Filipino fiance is legally divorced.

 

[Lyn81 6]

@Chancy@Chancy, he was here for 6months. WA doesn't have residency requirement. He and the ex wife agreed with the divorce as she wants to marry her other half too. I'm just hoping that US embassy will honor the divorce so we can all move on. It's exhausting and we are expecting too. Hopefully, he will be here before the baby arrives in Q1 2022.

 

Will keep you posted. 

[Redro 4,611]

8 minutes ago, Lyn81 said:

@Chancy@Chancy, he was here for 6months. WA doesn't have residency requirement. He and the ex wife agreed with the divorce as she wants to marry her other half too. I'm just hoping that US embassy will honor the divorce so we can all move on. It's exhausting and we are expecting too. Hopefully, he will be here before the baby arrives in Q1 2022.

 

Will keep you posted. 

Everything I see says you need to be a resident of Washington State (and show proof via driver's license, voter registration or a mailing address). Has the law changed since 2020? Do you have a link showing residency is not a requirement? 

[SalishSea 17,833]

49 minutes ago, Chancy said:

 

Not quite accurate that there's no residency requirement for divorce in WA.  While there's no requirement for length of residency, there's a requirement for proof of residency in the state on the date of filing.  (@Jorgedig, please correct me if I'm wrong.)  I'm curious how someone who resides in Thailand and came on a visit to the US was able to convince the court of their residency in WA.

 

Hopefully the consulate in Thailand will be convinced that the US divorce was not fraudulently obtained.  If they are convinced of the validity of the US divorce, it won't matter to them that the divorce is not recognized in the Philippines.  Please do update us on whether the consulate agrees that your Filipino fiance is legally divorced.

 

I agree.  I can't imagine that the requirements for obtaining a driver's license (no immigration status is considered, just state residency) here in Washington would be stricter than the requirements for a dissolution of marriage.

[Chancy 6,241]

7 minutes ago, Lyn81 said:

he was here for 6months. WA doesn't have residency requirement. He and the ex wife agreed with the divorce as she wants to marry her other half too. I'm just hoping that US embassy will honor the divorce so we can all move on.

 

Not sure why you keep saying that WA doesn't have residency requirement for filing divorce.  Here's what it says on the WA Courts' Family Law Handbook -- https://www.courts.wa.gov/newsinfo/content/pdf/flhbmarriageedition.pdf

 

"You need only to reside in Washington State on the date that your petition for dissolution of marriage is filed. There is no requirement that you reside in Washington for any specific amount of time before filing the petition."

 

As far as I know, anyone visiting on a tourist visa (which I presume your fiance used) cannot claim legal residence in the US.  Since the court granted the divorce despite that, your fiance must have presented some evidence that convinced them that he actually resides in WA state.  The law handbook doesn't specify what evidence documents would be sufficient to prove residence.  Who knows, some WA courts might be fine with a valid I-94 as proof of residence.

 

If it turns out to be that simple to prove residence for the WA divorce courts AND the consulate agrees that the divorce was legally obtained, your fiance's case could be a ray of hope for other Filipinos with US tourist visas, looking for a way to get a quick divorce to be able to marry their USC partner.

 

[Redro 4,611]

Doing some googling it appears you are not required to show proof of residence in Washington State when you file for divorce.

You could theoretically file on the day you arrive. Hopefully the embassy recognizes the divorce and your partner receives his K1. 

 

Residence Standard. You can file for divorce in Washington if you “reside” here, regardless how short your time in this state has been. The definition of residence is where you live—or last lived—with the intent to remain. So if you have only been in this state for two days, but you have no intention of leaving, you are a resident and can file here.  But if you are on vacation, you are not a resident, since you presumably intend to leave at some point.

Do you need a driver’s license or voter registration to prove your intent to remain here? No. There is no documentation necessary to establish that you have become a resident. 

 

 

 

https://www.genesislawfirm.com/divorcing-wa-just-moved