Philippines Gurus, need feedback, divorced,married in PI, filed for f2a, possible marriage not valid??

[Family 4,011]

7 minutes ago, LexieJ said:

How can you divorce/dissolve an invalid marriage

Very simply by filing for it in the US. Kindly note if this same marriage certificate was presented to USCIS in an adjustment scenario ( assume husband entered as visitor) , it would be deemed sufficient…without the CENMAR. 

There was no fraud committed by the woman in 1997 nor do I presume there is reason to call fraud now…if Consulate rejects it, she starts from scratch.

 

 

 

[Chancy 6,241]

15 minutes ago, Family said:

There was no fraud committed by the woman in 1997 nor do I presume there is reason to call fraud now

 

Based on the info relayed by @LexieJ, the woman definitely committed fraud in 1997 by marrying again in the Philippines without annulling her previous marriage.  PH citizens previously married in the PH to another PH citizen, cannot remarry in the PH even if they obtain divorce abroad.  That is the law in the PH.  Recognition of foreign divorce is not even allowed as long as both are PH citizens.  The jurisdiction of the marriage and the citizenship of the couple matters.

 

Edited September 6, 2022 by Chancy
typo

[Family 4,011]

16 minutes ago, Chancy said:

32 minutes ago, Family said:

There was no fraud committed by the woman in 1997 nor do I presume there is reason to call fraud now

 

Based on the info relayed by @LexieJ, the woman definitely committed fraud in 1997 by marrying again in the Philippines without annulling her previous marriage.  PH citizens previously married in the PH to another PH citizen, cannot remarry in the PH even if they obtain divorce abroad.  That is the law in the PH.  Recognition of foreign divorce is not even allowed as long as both are PH citizens.  The jurisdiction of the marriage and the citizenship of the couple matters.

 

Thank you.  
I am familiar..and have no problem sitting this out. I gave a suggestion on how I would proceed. Final would be that Lady to first seek a consultation with a US Immigration Attorney BEFORE she withdraws/ gives up her case….particularly one who works w Philippine community and has SEEN many CENMAR s.

 

 

No legal citations in this link, but one day I hope some one publishes a book with ALL the kooky legal arguments against the spouse in those legal annulments.

 

https://www.theatlantic.com/international/archive/2015/06/divorce-philippines-annulment/396449/

In the case of marriage, declaring the contract null is a far more difficult proposition. Infidelity and physical abuse, for example, are not on the list of acceptable reasons for a marriage to be declared invalid under Philippine law. A petitioner seeking to leave a marriage for those or any number of other reasons has to try to prove that his or her spouse is suffering from “psychological incapacity” such as narcissistic personality disorder

https://www.theatlantic.com/international/archive/2015/06/divorce-philippines-annulment/396449/

 

 

Edited September 6, 2022 by Family

[LexieJ 44]

@Family Both husbands are PH citizens and both marriages happened in the Philippines, Husband #1 filed for divorce in 1991 from the US. Second marriage happened in 1997 to husband #2 in the Philippines as well, this lady did not file for annulment and or recognition of marriage prior marrying husband #2 thus making her marriage seems" invalid" per PH law. This lady is in the US as LPR and filed for husband #2 in 2020 and per her report to me she asked a lawyer from PH to get her a Cenomar/Cemar and this lawyer would have also filed for the recognition  paperwork for her but the lawyer did not file it and instead ran away with her money. So the Cenomar she filed with NVC is questionable as it was produced by the lawyer, so now this Cenomar is expired now and she is worried how to get a new one. Husband #2 is in the Philippines and will have his interview there.

[Family 4,011]

18 minutes ago, LexieJ said:

Both husbands are PH citizens and both marriages happened in the Philippines, Husband #1 filed for divorce in 1991 from the US. Second marriage happened in 1997 to husband #2 in the Philippines as well, this lady did not file for annulment and or recognition of marriage prior marrying husband #2 thus making her marriage seems" invalid" per PH law. This lady is in the US as LPR and filed for husband #2 in 2020 and per her report to me she asked a lawyer from PH to get her a Cenomar/Cemar and this lawyer would have also filed for the recognition  paperwork for her but the lawyer did not file it and instead ran away with her money. So the Cenomar she filed with NVC is questionable as it was produced by the lawyer, so now this Cenomar is expired now and she is worried how to get a new one. Husband #2 is in the Philippines and will have his interview there

Thank you for the recap…I did understand the issues exactly as you presented. Tell her to consult a couple of immigration attorneys. 
Of course you you are right if the runaway local attorney “ printed up” a fake CENMAR…she needs a HARD STOP….but she should get a second pair of eyes to review both her document AND her strategy on next steps. 

And I stand by my position to clear this up w US divorce and Utah marriage .