Is this a Bigamous Marriage?

[ECS 3]

As you may or may not know, the Philippines does not recognize divorce and their law states that a Philiipiine Citizen cannot obtain a divorce no matter where in the world they are. My wife is a Philiipine Citizen who married one time in 1982 to a Philippine Citizne and was able to hide that marriage, and then a US Citizen in 1991. She came here in 1991 and we met in 1996. Before her and I married, she was able to obtain divorces from both men. She was neither a US citizen nor a greencard holder and I am not sure if the Judge who granted her these divorces knew that at the time. Now my question is this: Since the US obviously recognizes divorce, but the Philippines does not, and she is a Philippine Citizen. Is she legitimately divorced and was she free to marry again in the US? If you are aware of any links, please list them.

Thanks!

[jelaru 6]

As you may or may not know, the Philippines does not recognize divorce and their law states that a Philiipiine Citizen cannot obtain a divorce no matter where in the world they are. My wife is a Philiipine Citizen who married one time in 1982 to a Philippine Citizne and was able to hide that marriage, and then a US Citizen in 1991. She came here in 1991 and we met in 1996. Before her and I married, she was able to obtain divorces from both men. She was neither a US citizen nor a greencard holder and I am not sure if the Judge who granted her these divorces knew that at the time. Now my question is this: Since the US obviously recognizes divorce, but the Philippines does not, and she is a Philippine Citizen. Is she legitimately divorced and was she free to marry again in the US? If you are aware of any links, please list them.

Thanks!

The Phlippines may not have divorce but we do have "marriage annulment"..its almost the same as divorce but the process takes a lot longer than divorce...

Edited November 9, 2011 by jelaru

[SuperDuper! 230]

Big Love!

[ECS 3]

The Phlippines may not have divorce but we do have "marriage annulment"..its almost the same as divorce but the process takes a lot longer than divorce...

Thank you. But my question is whether the divorce is valid in the US or not. I am trying to prove Bigamy against her.

[one...two...tree 2,762]

Thank you. But my question is whether the divorce is valid in the US or not. I am trying to prove Bigamy against her.

Wait...what? Why are you going after her?

First of all, you stated she is a USC and then you said she's a Philippine citizen. Do you mean she has dual citizenship? Assuming she does, her marriage to you here is valid. The Philippine government shouldn't take any issue with your marriage even if by law they don't recognize it. I'm guessing you both have traveled to the Philippines while married? What passport did she use? Does her Philippine passport show her married name (to you)?

It sounds like you're just trying to create a fuss over nothing. If she needs to get an annulment to make everything right with the Philippine gov't., then it's merely procedural at this point. If you are divorcing her now and trying to get an edge on her, I'd recommend you drop the issue.

[TeapotGirl 66]

Where did she marry those guys? If she both married them in the US and both marriages are both dissolved then she's not violating any law.

If she married one of those guys in the Philippines, then she has to obtain an annulment paper to remarry.

Edited November 9, 2011 by teapotgurl1983

[ECS 3]

Wait...what? Why are you going after her?

First of all, you stated she is a USC and then you said she's a Philippine citizen. Do you mean she has dual citizenship? Assuming she does, her marriage to you here is valid. The Philippine government shouldn't take any issue with your marriage even if by law they don't recognize it. I'm guessing you both have traveled to the Philippines while married? What passport did she use? Does her Philippine passport show her married name (to you)?

It sounds like you're just trying to create a fuss over nothing. If she needs to get an annulment to make everything right with the Philippine gov't., then it's merely procedural at this point. If you are divorcing her now and trying to get an edge on her, I'd recommend you drop the issue.

Huh? Where did I ever state she was a US Citizen?

She is only a Philippine Citizen but was able to obtain a divorce while in the US.

Create a fuss over nothing? You know nothing of the situation so you have no idea whether I am trying to create a "fuss over nothing" or not.

[ECS 3]

Where did she marry those guys? If she both married them in the US and both marriages are both dissolved then she's not violating any law.

If she married one of those guys in the Philippines, then she has to obtain an annulment paper to remarry.

She married both of them in the Philippines.

[flyhighrtr 0]

As you may or may not know, the Philippines does not recognize divorce and their law states that a Philiipiine Citizen cannot obtain a divorce no matter where in the world they are. My wife is a Philiipine Citizen who married one time in 1982 to a Philippine Citizne and was able to hide that marriage, and then a US Citizen in 1991. She came here in 1991 and we met in 1996. Before her and I married, she was able to obtain divorces from both men. She was neither a US citizen nor a greencard holder and I am not sure if the Judge who granted her these divorces knew that at the time. Now my question is this: Since the US obviously recognizes divorce, but the Philippines does not, and she is a Philippine Citizen. Is she legitimately divorced and was she free to marry again in the US? If you are aware of any links, please list them.

Thanks!

even if the Philippines does not recognize divorce. your wife divorced to her former husbands are legal and valid. i don't know what's the reason behind it.. but... let me tell you a short story i had a friend who is now married to a US citizen and presently living in California. before she marry her husband. her marriage is still valid to her former husband and not even started to file for annulment and also she was considered as illegal alien in the US.. but 2 months prior to her wedding. he filed for divorce with the help from her atty.in SF CA and then sent documents to the Philippines for her former husband's approval(signature)and then that's it the rest is history.

I guess judge in the US are knowledgeable enough to know everything about law in the US as well as in the Phils. if the law does not apply to both country decision will not be made

[ECS 3]

even if the Philippines does not recognize divorce. your wife divorced to her former husbands are legal and valid. i don't know what's the reason behind it.. but... let me tell you a short story i had a friend who is now married to a US citizen and presently living in California. before she marry her husband. her marriage is still valid to her former husband and not even started to file for annulment and also she was considered as illegal alien in the US.. but 2 months prior to her wedding. he filed for divorce with the help from her atty.in SF CA and then sent documents to the Philippines for her former husband's approval(signature)and then that's it the rest is history.

I guess judge in the US are knowledgeable enough to know everything about law in the US as well as in the Phils. if the law does not apply to both country decision will not be made

Thank you for the response, but as I understand it, it is different that my wife's situation. In your example, the US Citizen obtained the divorce which left the Philippine Citizen free to remarry, as per Philippine Law. However, since my wife is the Philippine Citizen, she should have never been able to obtain a divorce in the US

[TeapotGirl 66]

She married both of them in the Philippines.

If she didn't file an annulment to remarry the second guy then that's a bigamy. The divorce filed by her ex husbands are for them to remarry. Again, that's for the guys, not for her. If she wants to LEGALLY remarry, she has to file an annulment for the first one and file nullity of marriage for the 2nd one. Those are 2 different things.

The 2nd marriage is already void from the very beginning, the first one you still have to prove why it needs to be annulled. Common reason used for it is psychological incapacity.

Edited November 9, 2011 by teapotgurl1983

[flyhighrtr 0]

even if the Philippines does not recognize divorce. your wife divorced to her former husbands are legal and valid. i don't know what's the reason behind it.. but... let me tell you a short story i had a friend who is now married to a US citizen and presently living in California. before she marry her husband. her marriage is still valid to her former husband and not even started to file for annulment and also she was considered as illegal alien in the US.. but 2 months prior to her wedding. he filed for divorce with the help from her atty.in SF CA and then sent documents to the Philippines for her former husband's approval(signature)and then that's it the rest is history.

I guess judge in the US are knowledgeable enough to know everything about law in the US as well as in the Phils. if the law does not apply to both country decision will not be made.

http://www.gtalawphil.com/Philippine%20Annulment%20101_divorce.htm.... this might help

[one...two...tree 2,762]

Huh? Where did I ever state she was a US Citizen?

She is only a Philippine Citizen but was able to obtain a divorce while in the US.

Create a fuss over nothing? You know nothing of the situation so you have no idea whether I am trying to create a "fuss over nothing" or not.

Sorry, I misunderstood you. She married a USC in 1991, and moved to the U.S., correct? So then she and her husband at the time had to have filed immigration papers and I'm assuming she at least got her Green Card, yes? That makes some holes in your statement below:

Before her and I married, she was able to obtain divorces from both men. She was neither a US citizen nor a greencard holder and I am not sure if the Judge who granted her these divorces knew that at the time.

Immigration had to have come into play with getting divorce papers for her first two marriages.

Yeah, you are right - I know nothing of your situation, but you came onto this immigration website and shared details of your situation to strangers. You still sound like you are digging for something in attempt to get her without mentioning you are going through a divorce. Why don't hire yourself a good divorce lawyer and let him do the dirt digging on her?

Edited November 9, 2011 by DFH

[TeapotGirl 66]

Bigamy and polygamy happened a lot before that's why the government just recently obliged everyone who wants to get married to show a CENOMAR (certificate of no marriage).

I also wonder how are you able to manage marrying her? Tourist Visa, student?

Obviously K-1 requires her to show CENOMAR and it will show her she had been married twice in the Philippines and she will be obliged to attach annulment papers and nullity of marriage.

This will not fly on CR1 route too because you will be asked for CENOMAR before you obtain marriage certificate?

Obviously, your wife is still covered by Philippine Law. Now that she's married to you, it's already polygamy.

If what her first husband made her USC and divorced right after the naturalization, then it's a different story.

[one...two...tree 2,762]

However, since my wife is the Philippine Citizen, she should have never been able to obtain a divorce in the US

That's not accurate. She's lived here since 1991, and married a U.S. citizen at the time, making her eligible for legal residency here in the U.S.. If she's lived here all this time without any legal status (Green Card or naturalization), then she's got bigger problems. But assuming she's here legally and has legal documentation for her previous two marriages ending, then there is no issue, at least as far as this country's laws are concerned.