Philippines NSA . Divorce remarried

[whataburger84 0]

Hello.

   This is just a general question.  A few years ago I got divorced from a Filipina who I had married in the Philippines.  I know divorce is not legal there .

    Over the years I have found another lady I'm very interested in and have been chatting with for a while now. We have discussed marriage. However she wants a wedding there for her family.  Now I have found a place that is u.s based that does them via internet call and it's legal and recognized via u.s immigration. 

   My questions lies with the Philippines NSA.   Should we go that route . Will the NSA recognize the new marriage over the old one if divorce paperwork is provided? And will the lady be able to report the new marriage and change her passport to the married name for u.s immigration?

 

 

P.s sorry if this isn't in the right group or right portal. Any help would be appreciated thank you

[TBoneTX 45,598]

Welcome to the forum!  Your thread is moved from Off Topic to the Philippines regional forum, for the highest concentration of knowledgeable answers.   

[RO_AH 1,659]

20 hours ago, whataburger84 said:

Now I have found a place that is u.s based that does them via internet call and it's legal and recognized via u.s immigration. 

Only place I know of is Utah.

 

20 hours ago, whataburger84 said:

My questions lies with the Philippines NSA.   Should we go that route . Will the NSA recognize the new marriage over the old one if divorce paperwork is provided? And will the lady be able to report the new marriage and change her passport to the married name for u.s immigration?

It is now PSA it used to be NSO, and no they will not recognize new marriage and you will not be able to file for a ROM (recognition of marriage). You will need to file a Petition for Recognition of Foreign Divorce with the Regional Trial Court in the Philippines before you can file for a ROM. This process can take a long time and cost a bit of money. None of this has any affect on her immigrating here. She can come on her maiden name. If you want to go through the process she can legally change her name on the passport and file the ROM after the Recognition of Foreign Divorce is complete.

[top_secret 2,458]

PSA not NSO or NSA.

 

I 'think' when it is a foreigner that is the one with the foreign divorce, it is not necessary to have the foreign divorce recognized in the Philippines.  If it were the Filipino citizen that had the foreign divorce from a foreigner, then it is a much bigger problem and would require that it was judicially recognized.  I 'think'' the foreigner could even marry in the Philippines or do a Utah online marriage and successfully register it with the Philippine consulate.  A US divorce decree is proof of the US Citizens singleness.

 

 

[whataburger84 0]

That's my understanding as well. My concern lays with the new wife being Able to report it to the nsa and it be accepted so she can legally change her name..

 

[RO_AH 1,659]

1 hour ago, whataburger84 said:

That's my understanding as well. My concern lays with the new wife being Able to report it to the nsa and it be accepted so she can legally change her name..

I wasn't thinking straight above. She shouldn't have a problem since she has not been married in PH. And it is PSA formerly NSO. There is no such thing as NSA

[whataburger84 0]

Let me try to clarify. 

 

I am a u.s citizen.  I am currently legally married to a Filipina.  We got married in Philippines.  We have been divorced in the u.s now for a few years.

  Since then I have fallen for another lady who is from the Philippines . I know I can't not legally get married in the Philippines via government style.

   I have found a company based in Utah who can perform a wedding ceremony for us via video call and it be Legal for u.s immigration.   She wants family to witness it.

 

My question is this. 

1.  How does she change her last name to match mine for immigration in on a CR1 VISA

 

2. Do we have to report anything to the PSA. ( sorry agency's always changing )

 

Basically I'm trying to figure out what steps I need to take to give her a wedding. She is OK with online style. She is aware I got married in Philippines and understands the issue. She is OK with a k1 process. But I still want to try to giver her what she wants. So my biggest concern is her last name once married not matching Philippines legal documents possibly causing res flags during interview

[RO_AH 1,659]

3 hours ago, whataburger84 said:

My question is this. 

1.  How does she change her last name to match mine for immigration in on a CR1 VISA

 

2. Do we have to report anything to the PSA. ( sorry agency's always changing )

 

Basically I'm trying to figure out what steps I need to take to give her a wedding. She is OK with online style. She is aware I got married in Philippines and understands the issue. She is OK with a k1 process. But I still want to try to giver her what she wants. So my biggest concern is her last name once married not matching Philippines legal documents possibly causing res flags during interview

For 1 and 2, after getting married you will need to file a ROM with the Philippines Consulate in San Francisco (they have jurisdiction over Utah). Search this sub forum regarding Utah wedding you find all of the specifics for what you need.

[nelmagriffin 150]

Recognition of Foreign Divorce in the Philippines (Process) - Lawyers in the Philippines (lawyerphilippines.org)

[top_secret 2,458]

5 hours ago, whataburger84 said:

My question is this. 

1.  How does she change her last name to match mine for immigration in on a CR1 VISA

 

2. Do we have to report anything to the PSA. ( sorry agency's always changing )

 

Basically I'm trying to figure out what steps I need to take to give her a wedding. She is OK with online style. She is aware I got married in Philippines and understands the issue. She is OK with a k1 process. But I still want to try to giver her what she wants. So my biggest concern is her last name once married not matching Philippines legal documents possibly causing res flags during interview

 

You probably CAN legally remarry in the Philippines.  It would be your ex who would have problems remarrying in the Philippines.  Not you, and not your new fiancée.  Have your fiancée go to her Local Civil Records Office and ask for their list of requirements for a foreigner to marry in the Philippines.  If they don't even ask for a CENOMAR for the foreign party you are fine.  The certificate of legal capacity to marry would be all you need on the issue.  If they DO ask for a CENOMAR for the foreigner then bring an Apostille US divorce decree.  The resulting PSA Marriage Contract from a Philippine wedding would be all she needs to change her name in the Philippines.  If a big Philippine church wedding with family is really important then that is probably the best option.

 

Alternately, if you choose to do a Utah online marriage, that is legal too.  For a Utah online marriage to be recognized in the Philippines you must file a Report of Marriage with the Philippine Consulate in San Francisco.  They would subsequently report it to PSA and she could get a PSA Report of Marriage which would be all she needs to change her name and be recognized as married in the Philippines.

 

5 hours ago, whataburger84 said:

 I have found a company based in Utah who can perform a wedding ceremony for us via video call and it be Legal for u.s immigration.   She wants family to witness it.

 

Check the company's prices and services against that of just going directly through the county.  In addition to the fixed government fees for the marriage licence and certificate, Utah County charges an extra $35 to officiate an online marriage ceremony.  https://www.utahcounty.gov/Dept/Clerk/Marriage/ceremony.html  There are some companies out there charging hundreds or even close to $1000 for the same service the county provides for $35.

Edited April 27 by top_secret