Philippines divorce question

[Tim and Joan 5]

Hello everyone. I am just starting my journey and want to make sure it isn’t doomed from the start. My fiancé is a Philippines citizen and was married to another Philippines citizen 12 years ago  she hasn’t seen him for over 9 years. As everyone knows divorce is not allowed in the Philippines. My fiancé has lived in Hong Kong for the last 5 years on a work visa. Will the US recognize a divorce filed in Hong Kong or does she need to annual it through the Philippines government?  I can’t find an answer anywhere. It will be difficult for her to file for an annulment because she lives so far away and isn’t given much time off. 
 

thanks again. 

[SalishSea 17,980]

49 minutes ago, Tim y said:

Hello everyone. I am just starting my journey and want to make sure it isn’t doomed from the start. My fiancé is a Philippines citizen and was married to another Philippines citizen 12 years ago  she hasn’t seen him for over 9 years. As everyone knows divorce is not allowed in the Philippines. My fiancé has lived in Hong Kong for the last 5 years on a work visa. Will the US recognize a divorce filed in Hong Kong or does she need to annual it through the Philippines government?  I can’t find an answer anywhere. It will be difficult for her to file for an annulment because she lives so far away and isn’t given much time off. 
 

thanks again. 

I believe the divorce would not be recognized as legal, unless both parties resided in Hong Kong.

 

I could be wrong about this…..but in order to petition her, she needs to be free to conclude a marriage, and without an annulment in the PI, she is not. 

[pushbrk 13,001]

8 minutes ago, Jorgedig said:

I believe the divorce would not be recognized as legal, unless both parties resided in Hong Kong.

 

I could be wrong about this…..but in order to petition her, she needs to be free to conclude a marriage, and without an annulment in the PI, she is not. 

Fortunately for the OP, you ARE wrong about this.  I've seen this before more than once.  Divorced is divorced.  Only one party needs to have standing in the location the divorce is filed.  You don't even have to know where the other party is.  Now, the Philippines wouldn't allow her to marry in the Philippines without an annulment, but the parties can marry anywhere else that will allow them to  marry, then proceed with US immigration without issue.

[Tim and Joan 5]

Thank you for your reply. I have been hearing on other posts that a  cenomar stating single status is required at the embassy interview. The only way to obtain that at this time is an annulment of marriage that is very expensive and can take up to 4 years. Maybe that doesn’t apply with a CR-1 visa. I am only familiar with K1 visas 

[Cyberfx1024 7,980]

56 minutes ago, Tim y said:

Thank you for your reply. I have been hearing on other posts that a  cenomar stating single status is required at the embassy interview. The only way to obtain that at this time is an annulment of marriage that is very expensive and can take up to 4 years. Maybe that doesn’t apply with a CR-1 visa. I am only familiar with K1 visas 

That is wrong. Yoh will get a CEMAR that will take to the embassy with your divorce certificate. This applies for both K1s and CR1 in your situation.

[Tim and Joan 5]

Okay so the CEMAR will show her not single and married once. My question is will the US embassy accept the divorce decree from Hong Kong and still apply marriage benefits for a visa to the Us?

Edited October 6, 2022 by Tim y

[pushbrk 13,001]

2 hours ago, Tim y said:

Okay so the CEMAR will show her not single and married once. My question is will the US embassy accept the divorce decree from Hong Kong and still apply marriage benefits for a visa to the Us?

Yes.  Seen it more than once.  CEMAR shows the PSA only knows about one marriage, the one she has the divorce certificate for.  Philippines does not need to consider her to be free to marry when you marry her.  Only the US needs to recognize the divorce and they do recognize legally obtained divorces from anywhere.

 

 

[Tim and Joan 5]

That is such good news. I have paid consolidation fees to two immigration attorneys and no one knew. I knew more then them. You are my hero. Thank you sooooo much. 

[Sarge2155 4,590]

9 hours ago, Tim y said:

That is such good news. I have paid consolidation fees to two immigration attorneys and no one knew. I knew more then them. You are my hero. Thank you sooooo much. 

Just things to keep in mind if it matters to you. She would never be able to get a Philippines passport in her married name in addition if she became a US citizen and wanted to become a dual citizen she may run into problems there too! Other than that what folks have told you about the Hong Kong divorce is correct. These issues I have highlighted are on the Philippines side of the coin!

[Palawan 131]

16 hours ago, Tim y said:

Hello everyone. I am just starting my journey and want to make sure it isn’t doomed from the start. My fiancé is a Philippines citizen and was married to another Philippines citizen 12 years ago  she hasn’t seen him for over 9 years. As everyone knows divorce is not allowed in the Philippines. My fiancé has lived in Hong Kong for the last 5 years on a work visa. Will the US recognize a divorce filed in Hong Kong or does she need to annual it through the Philippines government?  I can’t find an answer anywhere. It will be difficult for her to file for an annulment because she lives so far away and isn’t given much time off. 
 

thanks again. 

Muslims in Philippines can divorce in Philippines, just a FYI

[Palawan 131]

15 hours ago, Jorgedig said:

I believe the divorce would not be recognized as legal, unless both parties resided in Hong Kong.

 

I could be wrong about this…..but in order to petition her, she needs to be free to conclude a marriage, and without an annulment in the PI, she is not. 

You are wrong

 

As far as USCIS and the US Embassy in Manila, she is free and legal to marry

[Sarge2155 4,590]

17 minutes ago, Palawan said:

Muslims in Philippines can divorce in Philippines, just a FYI

Yes true only if the marriage is conducted under the Muslim cultures and customs, you can not all of a sudden say you are Muslim then expect to divorce!

 

The law provides for the creation of Sariah courts in the Philippines and allowed for divorce among Muslims , or when the husband is Muslim, and the marriage was celebrated under Muslim rites. This law is the only divorce law in the Philippines and remains in full force and effect.

 

 

 

[Palawan 131]

7 minutes ago, Sarge2155 said:

Yes true only if the marriage is conducted under the Muslim cultures and customs, you can not all of a sudden say you are Muslim then expect to divorce!

 

The law provides for the creation of Sariah courts in the Philippines and allowed for divorce among Muslims , or when the husband is Muslim, and the marriage was celebrated under Muslim rites. This law is the only divorce law in the Philippines and remains in full force and effect.

 

 

 

No Doubt

 

Never heard of anyone getting traditional marriage and then trying to divorce under muslim law, in the Philippines.  I pretty much thought muslims had their own laws there.

 

 

[Tim and Joan 5]

Thanks. Ya I knew she won’t be able to change her name on her passport so with the divorce she will not change her name. My guess is by the time she can get dual citizenship divorce will be legal. If not still no big deal.  I just don’t want to wait for an annulment for the visa since this other option is faster.  
thanks again everyone 

[Sarge2155 4,590]

@Tim y

We went through the annulment procedure from 2016 to 2018 before we filed our K1 and just  from personal knowledge of it I would not recommend that on my worst enemy (on the other hand maybe I would) lol. The legal system and courts in the Philippines are some of the most backward and archaic in the world. One thing I will say is money truly greases the wheel there nuff said! It took just over 2 years to complete  her annulment  pre pandemic mind you!

My wife had a distant relative who was a lawyer at the time so the cost was at least doable roughly  250k peso court costs only and not counting greasing the wheel!

Summary it's not for the faint of heart and had I known what I was in for I perhaps would have chosen another Filipina! But I understand we can not help who we fall in love with. My recommendation to you, is shortcuts have a way of coming back to bite you hard. If she is worth it consider the annulment. I'm glad looking back on it we did it! Good luck my friend you'll need it!!!