By Atty. Rita Linda V. Jimeno
The story of Rosanne in my column last week triggered numerous reactions from readers that merit discussion. As a jump-off point, we shall encapsulate Rosanne’s case. Her Filipino husband who used to be loving and conscious of his familial obligations, abandoned all his duties toward her and their children when, as a result of his prolonged employment abroad, he found a new love. He then divorced her and married his lover with whom he now has two children.
We said that there is a gap in our family law because while her husband is no longer married to her, she remains married to him, an incongruous situation which our family law offers no solution to… Read Full Article Here
I’ve had a number of on-line conversations lately about folks in the same or similar situations as the lady described in Attorney Jimeno’s article. There is always a lot of discussion when a foreigner and a Filipino marry, often centering around where the marriage should take place and where, or when (if ever) they could divorce.
A couple facts (from my lay knowledge only, of course).
The Philippines recognizes US marriages and the US recognizes Philippine marriages.
Thus where the couple marries has makes no difference in legality within the Philippines.
Party Hearty, but not in the Philippines
The Philippine Family Code resembles the US law of the community property states. If there is no prenuptial agreement (commonly known as a Marriage Settlement in the Philippines) all the couples property becomes community property, so those with significant assets, children of previous marriages, etc. should really seek competent legal advice before saying “I do”,
Once a couple marries they can not be divorced in the Philippines. The Family Code does not allow it.
(A notable exception, if the marriage falls under Sharia (Muslim) law, there may be a legal (recognized by the NSO) divorce alternative available. This is way out of my area of expertise. Those of you of the Islamic faith or married to one of the Islamic faith, must seek guidance from someone competent to advise under the Sharia Law).
The couple may:
- — Obtain a legal separation under Philippine law. This can settle support, visitation, property disagreements and the like, but it is not a divorce, and neither party is free to marry again.
- — Obtain a legal annulment, If this is granted under Philippine law the couple are then both free to remarry. (Note, this has nothing to do with annulment within the Catholic church — two separate issues)
- — Obtain a divorce outside the Philippines. If this is done, the results under Philippine lawvary depending on the citizenship of both parties and also who files for the divorce.
- — If both parties are citizens of another country the divorce is recognized by the Philippines
- — If one party is Filipino and the other a non-Filipino then:
- — If the foreigner files (is the “petitioner”) then the divorce is valid and the Filipino becomes free to re-marry.
- — If the Filipino files and the divorce is granted then the Filipino partner is still considered married under the family code and may not re-marry within the Philippines.
Bottom line:
If you are a Filipino who was ever married in the Philippines and who now wants to remarry, start now getting your ducks in order to be able to begin the annulment process.
Your previous marriage will not just “go away”. To my mind, this also applies even if you are outside the Philippines currently and living under another country’s laws.
You may want to return to the Philippines someday, or you may want future children to be able to enjoy their Filipino birthright without the legal stigma of illegitimacy.
If you are a foreigner, intending to marry a Filipino who was previously married and is now legally separated or effectively abandoned by a former spouse, be aware s/he may very well still be married under the laws of the Philippines.
Grit your teeth and do the right thing at the right time … ignoring these legalities may prove more costly farther down the road than acting on them now. Or so Philly opines.
hi.. im a Filipina who got married in the phils… now im at Chicago… i want to file a divorce is it valid in the phils?? so i can remarry again or should I’ll be taking another process of annulment in the Phils.
Janice, I am not a lawyer, but as I said in this article, divorce outside the Philippines is only recognized if the foreigner spouse initiates. If the Filipino spouse files (or if both members are Filipino, then it is not legal under Philippines law. You’d be legal and free to marry in the US, but not the Philippines. Please seek competent legal guidance.
hi… i’m filipina i got married in california, i didn’t apply for permanent status due to financial problems, my husband and i went back to philippines after 2 years thats what we got on problems i want to divorce him even though we are out of the country in same area, do i’m able to come back in u.s and remarry there or here if possible ?
Hi Ann,
Thanks for writing in … but you know, I really can’t give you an answer. You didn’t say, but I am assuming your husband is non-Filipino, correct? Under existing law, the Philippines recognizes marriages from all 50 US Sates, so in the strict legal sense, you are as married here as if you had been married here in the first place.
Under the same law, if the Filipino spouse of say a Phil-Am marriage files for divorce, the Philippine government does not recognize the divorce. But if the foreigner in the marriage files for and is granted a divorce, then the Philippine government will legally change the civil status of the Filipino former spouse back to ‘single’. So (remember I am only a lay person here, this is opinion not legal advice), you are kind of ‘stuck’.
In my view the law is really unfair … discriminates aga9nst the Filipino citizen (who is 99% of the time the woman), but what can I say … the law is the law and it is not my place as a foreigner to criticize the Philippines.
On the other side of the coin … if you can go back to California, you can file there and California will recognize the divorce … but not the Philippines … that’s what I mean by saying it’s discriminatory toward women. To file in California, here’s the best online source of information:
http://www.divorcesource.com/info/divorcelawsreq/california.shtml
Note that the one files for divorce has to be a resident of California for 6 months.
I can’t really tell, though what you desire as your final outcome. If you want to be free to marry here in the Philippines …the fastest, best legal route is, convince your foreigner spouse to file in California (or in any other US state, actually), you don’t have to get a divorce in the state you are married in. This is one legal way you could wind up with a CENOMAR (Certificate Of No Marriage), which you would need to marry another foreigner … assuming you wanted to go through the US immigration procedures again.
The other legal way is to file for a legal annulment here in the Philippines. You obviously need a Filipino attorney for this, and one who knows his or her business regarding annulments. This also will make you (eventually) legally unmarried.
Hope some of this will help you, unfortunately I don’t know of any easy way.
Hi Phil really enjoy the website. Just had a question about this “But if the foreigner in the marriage files for and is granted a divorce, then the Philippine government will legally change the civil status of the Filipino former spouse back to ‘single’. I was wondering, if the foreign spouse gets a divorce then wants to marry another filipino citizen in the Philippines, do they need to have their divorce recognized first in court proceedings? I haven’t been able to find any clear answer on this, hope you can clarify for me or give me some direction. Thanks.
@Richard (ID 4049): Hi Richard. Thanks so much for reading and for commenting. As always, remember this answer is pure opinion, but I don’t believe a foreigner with a valid divorce has to take any action with the Government of the Philippines, NSO (National Statistics Office)(the official repository for marriage records) or any other agency. My reasoning is:
When a foreigner wants to marry in the Philippines, the Philippine Government accepts an “Affidavit in Lieu of a Certificate of Legal Capacity to Contract Marriage.” Americans may execute this affidavit at the American Embassy in Manila or the U.S. Consular Agency in Cebu. As long as you can execute this affidavit truthfully, I know of no other requirements from the Philippine government. You of course must carry with you proof of your divorce … from what I understand the Embassy official may or may not ask for it, but you will surely have a need for it sooner or later in your new marriage … and since this is nearly impossible to obtain remotely … you better make sure you have a copy of your “Final Decree” or “Final Order” whatever your state calls the document that actually proves you are divorced with you when you come to the Philippines. Safeguard it, there’s no way of knowing when it will be needed.
Best of luck.
HI,how u guys doing?
i have question here i hope somebody can help me.
what is the risk if a Filipina married to a foreigner and then they end up separation.
and then the foreigner have a new relationship with another Filipina and they have a baby.
is there any chance that a legal filipina wife can file the other filipino woman any case?
or what is the worst thing she can do with that other woman?
Thanks
Seems like the same question I answered already, phrased a little differently. All I can say is, I think you need to talk to an attorney, familiar with Philippine law. These quesions are getting much to legal in nature, and I am not qualified to advise on legal matters.
Let me also add this. 99% of the people who ask me advice tell me “I can’t afford an attorney”. Well my answer to that is, when you are in a sticky situation like you appear to be here, you can not afford NOT to consult an attorney. Godspeed.
I am a Filipina, divorced from an american citizen. We got married in Las Vegas in 1999, and divorced in 2010 in California. I, the Filipina, initiated the divorce. My current Filipino boyfriend was also married to an american citizen, and he filed for divorce before his naturalization was granted in April 2010. We are aware that we can marry eachother, and the marriage will be recognized under US laws, but how does it work in the Philippines? Are our previous marriages still recognized in the Philippines since we were both Filipinos at the time of the divorce? We will be married here in the US very soon, but would like to formalize our union in the Philippines next year. Is this even possible? How do we go about this?
Hi Maggie, thanks for commenting. remember, I am not a lawyer. However, it sounds as if you need one. The Philippine Family Code and other Philippine laws are very specific about this … the whole reason I wrote the article. The Republic of the Philippines does not grant its citizens the right to divorce. Since in both cases the divorces were initiated by Philippine citizens, according to the laws of the Philippines you are both still married to your former spouses.
According to US law you are bioth legally free to marry … but the marriage, to my understanding, would not be leagl under Philippine law.
If you and your new husband continue living in the US, walang problema under US law … but to be legally recognized as married in the Philippines, you most likeyboth need a leagl annulment (not a Cathocic Church law annulment, that is an entirely different thing.
The problem areas, as I see it, is you can’t have your marriage recorded by the NSO. Any children you may have from this marriage would then be illegitimate under Philippine law. So it’s a pretty complicated and (in my opinion) a totally unfair situation. But, you asked and I answered as best I can. Godspeed and good luck.
Thank you, Philly. One last question, I know you’re not a lawyer – but right now, you’re as close as I can get to anyone who knows about this stuff!
What about naturalization? My fiance’ and I will be granted our naturalization papers soon. Will we both still be covered under Philippine law when it comes to marriage? Do we both still need to get our previous marriages anulled even if we’re no longer Filipino citizens? Also – both our marriages were not recorded by the NSO because both previous marriages and divorces took place in the US. I know it shouldn’t bother us anymore when we both become naturalized, but I guess we’re both just concerned about the thought of still being considered married to our former spouses (and not to eachother) in another country. Thoughts?
Hi Maggie,
Yes, the issues here are not always legal .. or not always obviously legal, anyway. If you both took up US citizenship and did not chose to reacquire Philippine Citizenship, then so far as the Philippines is concerned, you are US citizens and your new marriage is completely legal, so far as I know.
Since you are both former Philippine citizens,you can live in the Philippines as US citizens with a 13(g) visa .. permanent residency visa for former Filipinos. One gets the visa and sponsors the spouse. You have most of the rights of ‘natural born’ Filipinos, two important exemptions I know of are that your ability to own land is limited … a city lot with house or a small farm property …and you obviously can’t vote. Any children born of your marriage will automatically be US citizens (no matter where born), and they will obviously avoid the illegitimate issue. They won’t 9to me knowledge) be able to claim Philippine citizenship, however, due to both parents not being legally Filipino. But hey, you didn’t even mention children, I may be making.
If the previous marriages were not recorded by the NSO, then you probably have no practical issues. It does occur to me though that you have a certain legal exposure in the future if someone gets mad at you and wants to make trouble .. but again, that’s only something that occurs to me in a technical sense and for practical purposes doesn’t mean much … the major issue seems to be how do you plan to live here in the Philippines? Again, I want to add, especially since other Filipinos/former Filipinos read this blog … even some attorneys … these marriage/divorce/citizenship issues
can beare complicated and you really need a good attorney for a ‘good’ answer..I am curious. I need an answer. I am talking to a woman whos 27. She has a child who is 8 years old. She is legally still married. She told,me her husband abandoned her 8 years ago and married some other lady in some other country. They dont really speak to one another anymore. I want to marry her. I am an american. How can she legally remarry to me. What do i need to do as to start the initiative processs. I was,told me being the foirener i can petition her divorce since im from america. And they recognize her divorce and permit me to remarry her with me. Is that true? Where do i start with the process and how much will it cost me throughout process to marry her with me and how long will it take. Id,appreciate a response because im heading there on the 24th of sept.
Bottom line. She must get a court annulment from the Philippine court system. No way for her to marry anyone, legally, until she does this.
You, as a foreigner, have no influence and no, you can not file for a divorce “for her”.
A fact you should consider. the fact her husband is not around, at this moment, means nothing in regards to the fact that she is still legally married and to enter into relationship with her constitutes a crime. Many foreigners have been blackmailed over this and even thrown in jail. Adultery is a crime in the Philippines, regardless of what people think of it morally. Remember, when you choose to enter the country your US citizenship no longer means anything, you become 100% subject to Philippine slaw, and all the US Embassy can do is to send you a list of recommended lawyers and monitor your treatment in jail.
You do NOT want to see the inside of a Phil9ippine jail, they are nothing at all like the motel-like accommodations in the USA.
Read http://philfaqs.com/live-there/dangers/making-it-hard-on-yourself-in-the-philippines/ and then make sure you are thinking with the “right’ head. If I were you, I would also check her out here:
http://pointmanpi.com/contact-us/
Otherwise, you could be heading toward unknown expense and heartache. Trust me on this.
hi im filipina i just want ask something about my problems.my husband abandon me with the child hes korean i want get married to my american boyfriend we have 1kids already.but my problem my ex husband in korea i cant afford anulment.if ever can i married in states even im not yet annulment
@ jessica:
Sorry, but the answer to the question about getting married is, as I think you already know, NO, you can not get married while you are already married. But a piece of the puzzle you may not have considered is, get you current husband to divorce you there in Korea. You can then file a case in Philippine court to have that divorce (legal, since it will be filed by a foreigner) recognized and order the NSO to chnage you Philippine civil status to ‘single”. You cna then remarry legally in any country. Cheaper, simple and faster than an annulment, at least. Godspeed.
If you are now both U.S. Citizen, and you filed a divorce, then all you have to do is to file your divorce decree in the Philppines, asking the court to acknowledge foreign judgment, as both of you are no longer under the jurisdiction of the Philippine Government. Remember, the possibility of the Philippine court to acknowledge foreign judgment is base on the actual status of your citizenship upon filing the divorce. If you were not a U.S. citizens at the time you file the divorce, but you are now, then you may wanna re-file your divorce.
@ Lorna Villanueva
Thanks for writing in and for adding to the knowledge base here, but I am a little confused by your last paragraph where you suggest the one “re-file” their divorce in the US. I am not an attorney but I worked for lawyers in the “divorce industry” for many years and the suggestion that one can “re-file” a sivorce intrigues me.
How can one file a case asking the court to dissolve a marriage (which is what a “divorce” case actually is, when there is no marriage existing for the court to dissolve? I think res judicata would apply … one can’t try the same case based on the same facts over again. The court has already decided.
Not saying this can’t be done, but it sure sounds very, very “shaky” to me … judge might throw the case and the couple out, with predjucice as a frivolous case. Better consult an attorney FIRST before you go this route.
good afternoon..
i would just like to inquire: i am a filipina and is planning to get legally separated.. can my friend(boyfriend) petition me under the fiancee visa?
i read that eligibilty is for annuled marriages only.. the thing is, i have stronger grounds for legal separation, since my ex left me for another woman.. in 2005, rather than grounds for annulment.
i didnt really bother to start any proceedings to get out of my marriage legally the past years because..its too expensive, i have no interest in marrying again or much less dating even.. but i met a decent guy. he’s filipino but an American citizen.. and it just gives me hope to turn my life around..
sorry..question got lost.. all i really want to ask is if im eligible for a fiance visa under a legal separation status/..
thank u so much for your time and attention.. God bless..
Hi Dianne,
\
No, sorry, fiance visas are granted only to those who are not married. Legal separation, which is so common in the Philippines is still a marriage. You are legally separated from your husband but you are still married to him under both Philippine and US law. A primary requirement of the US Embassy, before they even interview prospective K-1 (Fiance Visa) candidate is a CENOMAR (Certificate of No Marriage) from the Philippine NSO (National Statistics Office).
If your original marriage is legal and recorded … and since you also have a legal separation agreement, we can be pretty certain the NSO _does_ have your marriage on file, then a legal annulment is the only route I know of that can make you legally free to marry. Sorry to be the bearer of bad news, but I don’t know of any other way. You really need to talk to an attorney who works these issues. Godspeed.
oh thank you so much for replying.. you are very nice.. been searching and searching for an answer to this..
and yes, we’re getting a lawyer. someone nice and trustworthy, i hope. my problem is the ex really.. waited years for him to file anything and do her new family some good but there’s none. hopefully he’ll be responsible enough to at least appear at the pre-trials so i wont waste money.. thats why i was hoping for legal separation coz he’ll have minimum participation..
you see..we have no properties and no kids. we were married for barely 2 years.. and at the time he left me.. he just texted that he’s not happy anymore. no word or anything up until now.. i only found out he got a girl regnant through friendster! omg..
and it wasnt easy.. i was scared to go out at malls and bump into them.. weird really. but there’s nothing left for me to do but move forward and have faith. thank God for family and friends..
i just cant believe how my life has turned around like this.. never really thought this would happen to me. I even told my boyfriend, to find someone else coz i dont really want to put him through this legal problems.. but he’s here to stay..
just sharing.. coz its really hard.. but good things come to those who wait..
THANK YOU SO MUCH!!! May God bless you and your loved ones. Much love and support for your help…
Well you are more than welcome, Dianne. I just wish there was better news I had to offer. There are thousands of Filipino women in your predicament. A failed marriage … in some cases there was barely a a marriage, I find it’s very common for young girls to marry in haste with a boyfriend who is going off on an OFW contract, for example.
He goes away overseas, they both grow older and their views change, and perhaps one or both meet someone else who suits them better. BAM. Up jumps that past marriage.
To speak “bluntly” (as I have such a reputation for, anyway
. Do not look for a lawyer who is particularly “nice”, and don’t settle on the first guy or gal that Tito Ben or your local barangay captain nominates.
You need a lawyer who is also a bit “blunt” in manner, and most importantly handles these annulment cases often and handles them successfully. Make sure he or she has a track record. If you go to consult with an attorney and he/she can’t give you examples of past annulment cases s/he has won, just excuse yourself and look for another candidate.
I know this is very “un-Filipino”, heck us “blunt” Americans have trouble in situations like this as well, but do your best to be strong and only decide on a good candidate to handle things for you. Many lawyers, in my experience, will be more than happy to tell you their truthful strengths and weaknesses and/or even recommend a colleague who specializes in that area … but it’s up to you to ask and to discuss the situation frankly.
From the little I know about annulment cases here in the Philippines, there are many lawyers (with the best of intentions, I am sure …) who are not very conversant with the problem … and what you do NOT want to do is put yourself in the position of paying for your lawyer’s “In Service Education”.
From what I have seen also, it makes a lot of difference where the case is filed and how it is followed up. Ask questions abut this before initially filing a case.
I’ve talked to many people who have had annulment cases dragging along for months or even years and when I ask them what they have done regarding followup, they simply say, “Oh that is up to my attorney, I don’t know.”
Fact of the matter is, an attorney is your legal advisor, but the case is yours … you need to keep on top of everything that your attorney is doing and make your own polite inquiries when things that are supposed to happen don’t happen.
You already hinted at one of the best strategies .. if your separated husband isn’t happy, he ought to be guided to look at this as a way to make both himself and you happy with just a few strokes of the pen and a little cooperation … wipe the slate clean in other words, rather than feeling bad over the past .. it can’t be changed anyway.
After all, he isn’t free to legally marry either, give his children legitimacy, etc. An annulment, agreeable to both parties can be a good thing for both sides.
Best of luck in your journey.
Hi,just want to ask and i need some advice pls..Im seperated to my husband since 1999,i went to hongkong as a domestic helper and work here im devorce in hongkong until i met American man we filed a k1 visa US CONSULATE IN approved our petition,by they ask me to submit a CENOMAR,my fiancee ordered a CENOMAR in NSO but we don’t know what kind of documents that they are going to submit directly in US Consulate here in HONGKONG,pls.hepl me..is it possilble that it will affect my application..
Yes it is certainly possible that it will. As I wrote in the article, the Philippines does not recognize divorces obtained overseas if the petitioner … the one who filed the divorce … is a Filipino citizen. Hong Kong may recognize your divorce, but based on what you told me here, the Philippines will not. So you are still legally married in the Philippines. The US requires you to be free to marry, under the laws of your country of nationality … so while nothing prevents you filing for a K1, you don’t meet the primary requirement .. freedom to marry.
What will the NSO send to the US Embassy? I have no idea … but I think you can guess as good as anyone.
Remember I am not a lawyer, but one piece of advice I can give you that any lawyer will agree on … don’t lie about this to the US Embassy. It’s a number one cause for Filipinos not only getting denied visas but even getting lifetime bans from US visas .. submitting false claims or documents.
Since you have already filed the K1 application, nothing much to do now but wait and see. Sorry I couldn’t be more optimistic. Godspeed.
HI Philly
i have question here i hope somebody can help me.
my boyfriend is previously married in filipina, and now we have 1 child.
is there a possibility that i gonna have a problem or is there something i should worry about in keeping my BF?he is Ausie guy ….pls help
Thanks
Hello Shant, thanks for writing in.
Not sure how much I can help with your question, though. You are living with a man and have a child by him and you say he was ‘previously married”. Does that mean he still is married?
As I see it (remembering I am no lawyer), I see no real legal problems for you. I see the potential for big time problems for you, and the child in the future, though. If this guy is still married and then just went out and took up with another girl (you), get her pregnant, etc., etc., then what does this say about his future intentions?
If this guy is serious about you and his child, then my advice is to tell him he has to divorce that other wife (as a foreigner he can do this easily under Australian law, and the Philippine government will recognize the divorce with regard to his first wife) and marry you … or, at the very least, make formal arrangements to support the child … he could also give the child Australian citizenship should he choose to acknowledge the child formally.
I’m not really sure what else to say. I have a close relations by marriage who does these ‘serial relationship” things, taking up with married men and then moving on to another. Saddens me, but when the subject is brought up, she gets pissed that anyone would question either her judgement ot her morality. Bahala na … I feel so sorry for the kids in these situations, though …
Winnie,
I found this website and was reading the posts. Your story is the same as my fiance. She also resides in Hong Kong. By now, I hope your case has been resolved and you are happy in the US. I had the same concern some time back and consulted an immigration attorney. He informed me that the website for the US embassy in Manilla states that foreign divorces are recognized. You are to be married in the US and therefore have to adhere to US rules. The Cenomar will state you are married, but your divorce papers should be accepted. The one problem you may face in the future is if you and your new husband own property in the Philippines where the government will consider you to still be married to your ex. Please write back and let me know how it all worked out.
starsfan52@gmail.com
@Edward (ID 4782): Edward, thanks so much for reading here, and for your very valuable contribution. I hope your fiancee made it to the US, and that all is well. One of the frustrating parts of this whole Philippine marriage/US immigration issue is, the YMMV factor.(Your Mileage May Vary). Indeed I have heard of many couple’s who were treated in the way I described to Winnie. Perhaps they didn’t have as good an attorney.
If it works the way your attorney advised always now days, great. More power to all, and when, oh when, will Filipinos realize there’s more to human rights than Manny’s next fight or Kris’s latest tsismis, and elect representatives who will modernize the Philippines totally archaic divorce laws? Being slightly to the right of the Vatican City’s legal position is hardly much to brag about, in my opinion only, of course.
Hi Edward,
I sent you a pm because I think I am going to be in the same situation. I am currently residing in the UAE but I am thinking of getting a divorce maybe in Guam or the US. If I am able to get a divorce in the recent mentioned places and get married there too, and my soon to be husband files for petition because I will wait my petition in the UAE since I have a job here, will the US embassy here in the UAE still ask for a CENOMAR which I am sure will show I am still married?
Will I be able to include my kids in the same petition also or will it complicate me taking them with me?
Hi Philly, what is your take in this? Any help I will appreciate it a alot!
Rowena (ID 5707) » Hi Rowena, sorry I missed this question a few weeks ago. But I really don’t know any answers for you. There are about three or four questions rolled into one here, and I’m not qualified to answer any of them. I’m guessing you’re a Philippine citizen? Your current husband is a citizen of where? You’re able to travel to the US? What visa will you use? You can easily file for divorce in the US, but then if you’re already in the US, what petition are you talking about your husband to be filing, and how would the US Embassy in the UAE get involved?
Here’s how this works, in general (and remember I am not a lawyer). I get these questions all the time where people are concocting elaborate plans to avoid the true facts of the Philippines. don’t think they work very often.
If you are a Filipino and an American files a petition to bring you to the US as a fiancee (which means you have to be legally free to marry) or as a spouse (which means you have to have been legally married), it’s kind of like Ghost Busters … who are the US Embassy folks gonna call? The NSO, which is the guardian of official records of all Filipinos/former Filipinos.
What part of.”The Philippines does not recognize foreign divorces which are filed by Philippine citizens” is so difficult to understand? The laws of the country are the laws of the country, and even though no oter country in the world discriminates against its own citizens in this way, Filipinos seem happy with electing leader after leader who has a family name, but cares little or nothing about his/her own people. Sorry, but the legal solution for your problem so far as I see it, is to file for an annulment in the Philippines … the only legal way for a Filipino to dissolve his/her own legal marriage. Wish I had better news.
Hi Phil. Interesting discussion. My question is; American and Filipina marry in Phil. in the 80s. She then takes up US citizenship in the US. They divorce in the US, both as US citizens. If she remarries in the US, was the divorce from first marriage recognized in Phil? What happens if she comes back to Phil with second husband as a dual citizen? having then reacquired her previous Phil. citizenship in 2009. I hope I don’t confuse you too much here. Thank you.
Like everything else posted here, this is only my opinion … but it seems to me the person in question is totally ok. If the divorce occured, as I think you are saying, after she had lost her Philippine citizenship, then it was a divorce between two US citizens and the Philippines should certainly honor it.
The fact that she later reacquired Philippine citizenship should not change anything.
The ‘sticky points’, that are only ‘guesses”.
1. Was the first marriage registered by the NSO?
2. What action was taken by the NSO about the divorce? Were they formally notified?
3. Is the current marriage NSO recorded?
It could wind up that the NSO records still just show the first marriage … they certainly don’t track losses of Philippine citizenship nor divorces in the USA. A lor of people get confused about the Philippine loss of citizenship issue. So far as my wife and I can tell (she’s a dual citizen who required .. nobody officially here in the Philippines ever knows that Filipino citizenship was lost … so if you want this 100% in ‘apple pie order’ there may be a lot of digging to do … if the current marriage is NSO registered .. a necessity to, example, sponsor a spouse for a 13-series visa, then whatever happened in the past doesn’t seem to matter much.
BYW, to anyone who married overseas and is planning to come back to live in the Philippines … make darn sure you record your overseas marriage with the NSO (You course it through the Phil embassy or consulate). A marriage certificate, from say the US is _NOT_ recognized in the Philippines, unless it is authenticated by the DFA/NSO … which can only be done overseas … you might find yourself legaly unmarried here when you meant to be married
Hi Phil, this is an interesting discussion indeed because anyone really can find themselves in all sorts of scenarios such as these. To answer your question:
1. First marriage was NSO registered because it happened in the Phil.
2. Divorce was not forwarded to NSO.
3. Current marriage not NSO recorded yet.
4. Divorce occurred after reacquisition of citizenship.
Luckily, the moving back to the Phil. thing is only a planning at this stage. Thanks for the reply Phil.
Hi Mureil,
I have to admit I had to chuckle a bit regarding the ’cause and effect’ in your item one .. that appears to say the marriage was recorded simply because it took place here in the Philippines. In my (limited) experience having an unrecorded marriage in the Philippines is not an uncommon thing.
On the other points, sounds like it could all work out … but the main thing is, have the current marriage recoded while n the States, whatever it takes … because sooner or later, you’ll need that marriage certificate, especially if there’s a foreigner husband in the picture. Godspeed.
I came here as a fiance visa then got married to a US citizen year 2004 to a US citizen. We reported our marriage to the Philippine Embassy in DC, (based on my understanding my marriage here in US was registered in the civil registrar under Philippine law.) Year 2008 I got my US citizenship and unfortunately year May 2009, I filed the divorced, we are both US citizen when we divorced. My question is: I plan to marry a Filipino in the Philippines and bring him here in the United States. As a US citizen I understand that I have to get my legal capacity to contract marriage in the US embassy Manila, but my question is: Is Philippine law will honor my marriage there in the Philippines, knowingly that I was a former Filipino citizen who got married here in United States?
Hi Luz,
Thanks for reading and for your comment. As always, these sorts of questions can get very interesting and “sticky” … but my guess, in your case is, you are good to go. (remember, I’m not a lawyer, my opinion only).
Here’s why I think you are alright. You initiated the divorce _after_ you were a US citizen … as part of the US citizenship process you renounced your Philippine citizenship … as legally required by both US and Philippine law.
The Philippine government recognizes US divorces as valid “dissolutions” of marriage. The US government certainly does too. So far as your record of your original marriage in the NSO’s files, I would assume that is now just historical.
Now one technicality you want to watch out for here is, you can’t marry in the Philippines and then bring your spouse to the US as a fiance(e). You can, however, petition for a K3 spousal visa and bring your new spouse to the US as soon as the visa is issued, or you can apply for a IR (Immediate Relative visa ounce the marriage is solemnized and your fiance becomes your spouse. Could there be some issues with getting married here in the Philippines with that first marriage still on record? That would certainly be a possibility.
An alternative, in my mind, is to actually bring your fiance to the US under a K1 … Fiance visa. You as the petitioner don’t ever deal with the US Embassy Manila. You affirm in the application that you are free to marry, under the laws of the US … which indeed you are for certain) and your fiance provides a CENOMAR from the NSO … which from what you have indicated, he will be able to do, diba?
The US citizen sponsor for a K1 does not have to furnish an Affidavit of Capacity or a CENOMAR … a US citizen planning to marry a Filipino in the Philippines _does_ have to produce evidence that s/he can legally marry in the Philippines.
For me, I’d look very strongly at the K1 rather than the K3 option, I think in your case it simplifies things … but again, only my guess. Godspeed.
Also, so far as I know, the US citizenetitons for a Finace visa (you, in this case), is never asked for anyhting except the Capacity to Marry affadacit from the
sounds like a marrage for a green card
It certainly has that “feel”, doesn’t it?
Hello,
I have a question. I married my 1st husband who is a dual citizen ( born in the united states but born of filipino parents). we got married in the philippines in 2002. he flew to the united states and never came back to me 8 mos later. he petitioned for a divorce and the divorce was granted 2008. i am now married to a u.s. citizen and am here in the u.s. as well. can i ammend my passport? will the divorce filed by dual citizen ex spouse be honored by philippine government? i hope you can help me with this concern.
Hi Mary, thanks for writing in. I really have no idea on your question, though. When the Philippine Family Code (the law/set of laws) that governs marriage, divorce, annulamnts ad such, there was no such thing as a dual citizen under Philippine law. So in the sense of looking for a legal argument ex’s filing of the divorce mad it a., recognized by the Philippines, becuase he was a foreigner, or b., not recognized, because he was a Filipino. How to get a real legal reading on this … your guess is as good as mine.
But reading your question, I’m unclear on what you are asking. You are in the US now, correct? You want to amend your Philippine passport in what way? To change to your new married name? Or? Fill us in a little more, please.
Hi,
My partner right now was previously married (civil) in the Philippines. It has been more than 7 years since he has gone back. He told me that at the time of getting ready to get married they required him to have his parents sign a consent form which he forged because his parents at that time was against that marriage. He was petitioned to be here in the United States as a single person and became a United States citizen later on in the same status. We just currently applied for a marriage license because we were planning to get married and they didn’t even find this previous marriage thru their background check.
Recently his ex contacted him because she was planning to get married herself to a new person she’s with and she said that she can’t because their marriage is recorded.
Can this marriage be voided out since he forged the required signature of his parents for them to get married in the first place? How can he contact and who to contact to let them know about this so his ex can have her peace? Does he still need to file for annullment or divorce?
Thanks.
Hmm. Interesting questions. This is the first time I ever had the question of the marriage being invalid becuase of forgery
. First of all, remember I am not a lawyer, and you need one, certainly, if you want to pursue this. That warning issued, here’s a snippet of what Philippine law says about the situation of a minor marrying without parental permission:
… Generally speaking, an annulment may be available if the validity of the marriage can be called into question by mental, physical or legal considerations….
So a prime question here seems to be the present age of the groom and did they actually freely live together as man and wife after he was of age. In other words the law is written to protect minors, while they are minors, but since they reach adulthood, and continue living together, they law assumes they no longer need protection. This is actually a very common marriage annulment strategy here in the Philippines (administrative type errors in the marriage documents) and it frequently fails … the courts seem to rule the documents valid by their intent, even if some signature is in the wrong place, etc.
But you can certainly try. There is no such thing as just canceling out the marriage, you need to file a petition of annulment (voiding) the marriage, under the Philippine Family Code.
I’m puzzled by who you say didn’t find this previous marriage in “their background checks”? Are you talking about a US state? There is typically no background checks of any kind between a US citizen and another citizen or legal resident … there is no central registry of marriages in the US which corresponds to the Philippine NSO. The law assumes the petitioners for a marriage license (who typically make a sworn statement) are not already married. It’s sort of up to you … in some states bigamy is a criminal act as well as a civil one, in the Philippines it absolutely is … so my suggestion to all is, “don’t cohabit with married people”. I know that’s not a popular thing to hear, but whatever your own moral and religious code, the practice leads to nothing but heartache. In this case both of you know what’s wrong … he’s already legally married … and both of you know what actually needs to be done … annul the original marriage to prevent everyone involved from becoming bigamists … so it’s up to you what course of action you take. Loopholes and ‘work arounds” generally don’t cut it.
As what he told me he was 21 yrs old and the girl was under 21 and that they still needed a parental consent from him. After the marriage they only lived together for 6 months because he was leaving for the states. He went back after 6 months that he was in the states and stayed in the Philippines with her for a month, then he went back to the states. Two months passed after he left for the states he found out that she was seing someone else and later on had a child with that person. His status during these times was an immigrant and now he is a United States Citizen. So how does he apply for annulment?
Well if he was over 21 years old, he didn’t need permission by government rules .. must have been some requirement from the church or something … but since they lived together voluntarily as man and wife after they were both 21, the point is moot.
One doesn’t apply for an annulment, one files a case in their local district court. As I said at the beginning, you need a lawyer here. You may get all sorts of answers from websites that are not authoritative, but you have to consider what is at stake … if you marry you are probably entering, knowingly, into an illegal relationship in the US, and certainly your marriage would appear to be illegal in the the Philippines … his wife has already informed you that she’s aware of the marriage and so is the NSO. There’s aproblem. It needs fixing. Sorry, but that’s my “un-lawyerly” opinion.
hi i was married to Japanese in Philippines and the i come to japan couple year we get he divorced me and i come back Philippines and re marry to US man we pay CENOMAR so i can get it but after that i find out my marriage is can be null and void so we afraid to file any visa so we file petition of recognition of forent divorced we still waiting for final DECISION is that after my frist marriage dissolve do i need to pile petition to my 2nd marriage as its say it null and void cuz of my previous marriage what kind of petition are we need to marry again is that after of my first marriage dissolve is my marriage to 2nd will be valid can i apply fiance visa instead of spouse visa what w e do need to do advise pl z Ty
Hi Lyn, thanks for writing in and for your question. I’m not really sure what you are asking. I understand your first foreigner husband divorced you. This makes you eligible to have your divorce recognized and you have already filed to have that recognized. As far as how long this takes, I can’t say, you will just have to keep trying with the agency you filed the petition with.
Now with your present partner. I can’t understand from what you say if you are already married? I hope this doesn’t sound too simplistic, but you can’t use the fiancee visa if you’re married, and if you are married, then you use the spousal visa. There’s no particular advanatage in uisng one over the other. Best of luck.
Hi Phil! I am married to my first husband in the Philippines, i filed an annulment and my lawyer told me that the annulment is granted that i can get married again. He even produced a a certificate of singleness for me to get married to my USC boyfriend. We were gonna send our I-130 for my visa when i asked a relative to check the NSO if my previous marriage is already annulled, so i can get an annotated MC ( i didn’t know about the process before), she said no it’s not and the so called lawyer friend is nowhere to be found. I want everything squared away so i filed another annulment which is granted , but this time it’s for real i got my annotated MC. Since my 1st marriage with my USC husband is not valid because i was scammed by a so called friend’s lawyer, do we still have to file a divorce to get married again to make things straight?
Hi Ceejays, welcome and thanks for your your question. I’m really not even sure what an annotated marriage certificate is, frankly. The US visa you are referring to … you are applying for a CR-1 visa as the spouse of a US citizen, correct?
And if I interpret the rest of your question correctly, you’re saying that you married your current husband in good faith, relying upon the assurance of your lawyer, but after your second marriage you found out that the first annulment was not recorded by the NSO? Am I on track so far?
But the question I have is, did a Philippine court actually annul the marriage? Who signed the certificate of singleness … a legitimate judge of a legitimate court? I’m not a lawyer, remember, and I couldn’t give you a legal opinion on this even if I were a lawyer, but it sounds to me as if you were legally annulled (and thus free to marry) but that the record of that annulment did not get coursed through the NSO.
Legally, I think you were ‘safe’ to marry. The court decides who is or isn’t married, and you apparently have documents from the court that they awarded you the annulment that you petitioneed for. The NSO records decisions ..they do not decide a person’s civil status. The record official documents.
I’m mystified why you would have filed anoher annukamnet petiton. Who advised you to do this? Again, only a guess here, but my thought is the proper action would have been to show the NSO the annulamnt and formally request them to update your record. This seem to be a simple beaureacratic error where the NSO didn’t get the word from the court.
My guess is, your marriage today to your current husband is, under the Philippine Family Code, legal and binding and thus you are legal to file for and be granted a US spousal visa. My thought on this is, do not “over think” the process. The big thing the US is going to check on is, is your current marriage legal and binding. Now to what existent they might go to check the date of the NSO’s records against the date of your existing marriage and make trouble becuase the marriage came before the date on the NSO’s records? Who can say? But why worry abut it unless something comes to pass? If you knew you were doing something illegal, then by all means fix it, but it doesn’t appear you are doing anything wrong … so let the US State Department worry about their own job.
I certainly wouldn’t think about the idea of trying to divorce and remarry. In addition to being difficult and expensive, it seems unnecessary, and could even look to someone elses eyes as trying to deceive someone. What’s the worst case scenario? The US comes back and claims you aren’t legally married to this husband? Then fine, turn around and file for a fiance visa (K-1) instead.
My view is, file what you yourself know to be honest and correct, and let the chips fall where they may. Maybe the CR-1 process will just work and you’ll get your visa and all will be well. In other words, don’t build obstacles in your path on your own, plenty obstacles always pop up as it is, just worry about each one as it comes.
I want to take the opportunity to say something here, because many other people will read this also. Please be sure I am not saying this to be critical of you, but this story is a bit like thousands of others I have heard.
It seems to be the “Filipino way” to file a case and then turn it over to a lawyer and then just wait for a result. Likewise, the idea of having a relative check with the NSO. Tou have no documentation of what was said or shown to your relative, becuase you, the cincerned party, didn’tmake the inquiy and get the paperwork for yourself. If the NSO tells you somehtyihng, and later that figures in a courtcase, your testimony is valid.
If you have to go to court and tell them what another party told you, it’s just heresay. Also, sometimes a government agency employee may pass information that is confusing. Having a thrid party involved only increases the chance for misunderstanding. So my advice is, always dso it on your own, as the party actually conmcered with the matter.
If you are married to a US citizen and trying to go to the US, you have to develop a bit of an American ‘way’. When you file a case you almost always need a lawyer …but regardless, the case is still ‘your’ case. You are paying the lawyer. It’s up to you to know every step of the case and receive copies of documents the entire way through the case. Lawyers, by law, “advise”. You, as the concerned party, ‘decide”.
And get your information from government agencies yourself, as well … with paper copies .. yes pay the two pesos to get a Xerox of documents, etc. Again, I don’t mean this unkindly, but you, yourself, “own” the actions you are trying to take … and you should have a fat folder or two of legal documents in your hand right now from the time you engaged the first lawyer and started the first annulment case.
If for no other reason than the fact that is you have to hire yet another attorney somewhere along the line here, not having the documentation will only result in lawyer number two or three getting paid to dig up the documentation on his/her own. Having documentation of the entire case in your own possession is the only way to go, IMO.
Godspeed
Hi, i just want to ask abt my friend’s situation, he was married to a filipina,about 4months ago when they noticed that they doesnt have any record of their marriage at NSO, yet after how many days her wife handed him the AUTHENTICATED copy of their Marriage without his consent. it is still valid? coz’just when they noticed that they doesnt have any record at NSO my friend wanted separation from her wife.. so he doesnt know anything on how does his wife fixed everything with the NSO in just days and with him being involved.
*oh i mean without him being involed, he’s planning to go abroad and file for change citizenship. will their marriage be null/void if he changed his citizrship?
Hmmm. I think you are confusing something here. A marriage is a marriage, with or without an NSO record of the marriage. From what you are saying, it sounds as if they had a valid marriage. License, marriage performed by a competent authority, etc. NSO registration of a marriage is an after the fact recording of what actually happened.
The fact there was no record at the NSO seems to only mean one thing … there was an error or oversight that kept the record from being published … it certainly didn’t mean the marriage did not happen.
Now as to how a party to the marriage could gte the record corrected in a short time? Well, in my lay person’s viewpoint that is pretty simple. She had every right to ask the NSO to bring their record up to date, as a party to the marriage. And if there was already a vaid marriage license/contract, it seems a simple task for the NSO to make the record complete .. after all, that is the job of the NSO, diba? There’s no reason for them to ask the husband’s permission to formally record his marriage … the wife and the husband have equal rights, and it appears he did participate in the marriage, am I correct?
Now as far as him wanting a separation from his wife, I don’t see how that actually concerns you. A legal separation in the Philippines is not a dissolution of a marriage … the parties are still married for life. Which, of course means, he can’t legally marry another. Only a legal annulment granted by a court (and a separate church annulment if either of the parties are Catholic, and want to marry in church) can make a Filipino able to marry again, under the law of the Philippines.
Now, so far as him changing his citizenship? I don’t think that can affect his current marriage. Let’s suppose he goes to the US, and after 5 or more years (it takes that long if you are not married to a US citizen), he becomes a US citizen. Well, the US recognizes Philippine marriages, so in my opinion he would still be a married man. Could he try to “hide” the fact he was already married in the Philippines? Of course he could, but the marriage would never be totally legal … and the follow-on marriage would be based on a lie or deception. Also, both parties might be guilty of bigamy, a crime in (I believe) all US states.
Personally, the deception would be enough to keep me out of such a relationship … marriage is hard enough without basis it on a lie.
From what you have told me, this fellow has one choice, and one choice only … and that is to file a petition for annulment under Philippine law with his district court … otherwise, he’s still married. By all means see a lawyer on this before you two get yourself deeper into anyhting, that’s my parting advice … sorry I couldn’t offer an easier solution.
Hi phil. I am a naturalized citizen in the us and i applied for a dual citizenship at the phil consulate in ny. I got married 2004 here in the phil. i got the finality of my annulment last year and also have an nso copy that its already null and void. Now, my ex-husband was the one who filed for divorce this year but no decision yet. Is it possible for me to get married again here in the philippines. Will this marriage be recognized in the usa though my divorce is not final yet. I need ypur help. Thanks.
Nina. Sorry I missed this comment. You’re probably long gone now. But in case you’re still reading … are you talking about an annulment in the Philippines and a divorce filed in the US regarding the same marriage between the same two people? If so, I don’t think your US case has any bearing on the matter. If your marriage is legally annulled n the Philippines, it is legally annulled in the US. The US and the Philippines, by treaty, recognize each others marriage laws. (except for divorce cases from outside the Philippines that were filed by a Filipino … this is not a factor here, from what you have told me). Hope this helps a little.
Hi Phil, Had a few questions.. I have a friend who just found out his marriage was validated through the NSO when he wasnt in the Philippines, now do both husband and wife have to be there to get a marriage certified? Is there a time frame that you have to wait and get the paperwork sent to the NSO ?Also on the certificate it has N/A in the spot where parental consent was needed? Now at the time of the marriage he was 18 and did not get parental consent, is the marriage valid? Another thing is he was in the service stationed in Korea at the time and never told his commander of the marriage,( i read you have to get commanders permiison to marry in the Philippines if you are miltary) so with those two things not there is the marriage valid? Now i read this from above..(1)( The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent, within five years after attaining the age of twenty-one unless, after attaining the age of twenty-one, such party freely cohabitated with the other as husband or wife) … can you please explain this a little better for me? Now with my friend they performed the cermony but two days later left and went back to korea found out his so called wife cheated on him with another man and never spoke to her again.. Now after 10yrs she has contacted him saying they are still married…So they never lived together, so does that mean its void? thank you
@cubanx (ID 3930): I broke this up into paragraphs so it wasn’t all one big block of unreadable text:
Hi Phil, Had a few questions.. I have a friend who just found out his marriage was validated through the NSO when he wasn’t in the Philippines, now do both husband and wife have to be there to get a marriage certified?
==>> I have not heard that either has to be present. The NSO is merely recording a legal event; same as marriages are recorded in the US, except it’s a central government agency rather than the county clerk or state bureau of statistics where they typically get recorded in the US. In fact, IIRC, one can be prosecuted under Philippine law for interfering with the NSO doing their job … but whatever, it sounds as if they did their job in this case.
Is there a time frame that you have to wait and get the paperwork sent to the NSO ?
===>> Not to my knowledge. That’s a funny question since 99% of the problems and complaints I hear about the NSO is that they’re slow. Why would a couple want to “wait”? Curious.
Also on the certificate it has N/A in the spot where parental consent was needed? Now at the time of the marriage he was 18 and did not get parental consent, is the marriage valid?
==>>> Well I am no lawyer (as I like to point out), but I don’t think this has any validity. This friend is a US citizen, correct? What would a Philippine law about “mother-may-I” permissions for underage Filipinas have to do with him? My guess is this means nothing … because at 18, Under US law, he’s an adult anyway. And he certainly must have felt he was an adult, because he decided, obviously, that this provision didn’t apply to him when he decided to marry the girl.
Another thing is he was in the service stationed in Korea at the time and never told his commander of the marriage,( I read you have to get commanders permission to marry in the Philippines if you are military)
==>>> Well the US military requires most soldiers to seek their commander’s permission to marry … especially in the lower pay grades, and especially in countries like the Philippines where soldiers need their commander’s permission just to visit. Your friend did apply for and receive permission to visit the Philippines, didn’t he? What did you friend use as his reason for visiting the Philippines?
Regardless of whether he lied to his commander, he could be in trouble under the UCMJ with the military, but that has nothing to do with the marriage. This has been tested time and time again with military law … the US military has no control over marriages legal under the laws of a sovereign country. The US military has control over military members; they have no control over non-military contracts that these members enter into.
so with those two things not there is the marriage valid? Now I read this from above..(1)( The contracting party whose parent, or guardian, or person exercising substitute parental authority did not give his or her consent, within five years after attaining the age of twenty-one unless, after attaining the age of twenty-one, such party freely cohabitated with the other as husband or wife) … can you please explain this a little better for me? Now with my friend they performed the ceremony but two days later left and went back to Korea found out his so called wife cheated on him with another man and never spoke to her again.. Now after 10yrs she has contacted him saying they are still married…So they never lived together, so does that mean it’s void?
==>>> Well, I can’t say. Your friend likely has some legal points there that possibly can be used by a good lawyer to try to win an annulment under Philippines law. But I also no there’s no such thing as just filling up a form with someone and getting the marriage “canceled out”. The marriage took place … both parties agree to that. The NSO recorded it, which means the NSO must have considered it legal at the time. And most importantly, in my layman’s opinion, your friend waited 10 years to raise these questions. That’s going to weight heavily with the court.
Infidelity, if it can be proven after all these years, is a serious bow to a marriage, but it doesn’t automatically terminate a marriage so far as I know. And the court is going to wonder why it means something to the guy now, when he knew about it for 10 years and took no action.
Thank you
==>>> You are welcome. I doubt some of my answers are going to be what you wanted to hear, but they are my honest opinions. Your friend needs a lawyer… of that I can be pretty sure … or perhaps he needs to ask the wife what she really wants. Maybe she would be interested in filing an annulment case in order to free both of them legally.
If ever there was a real-like example of why that phrase “Marry in haste, repent at leisure” came into being, this would be it.
Thank you Phil you helped me and my friend understand more about this. So pretty much he needs to file for a divorce here in the us so he can marry his current gf and it to be legal?
@cubanx (ID 3933): Sorry I missed this comment, my apologies. yes, based on what you have told me, your friend can cure both his problem (and hers) by filing for a divorce in the US. Some states do not allow divorce where one party is not domiciled in that state, but many do … so file in a state that allows just the husband to be a state resident and he will be legally free as a bird in both the US and the Philippines. Also, the government of the Philippines recognizes a divorce between a foreigner and a Filipino if the divorce is filed by the foreigner, so that way she will be free to marry in either country as well. Best of luck.
I just wanted to correct something that was posted above about military marriages. Service member generally do not need permission from their Commanders to marry other U.S. Citizens but they do need to inform their Chain of Command if they get married. Now, if a Service member is stationed in Korea, Germany, Japan etc. and wants to get married to a Foreign National, they met while stationed in that particular country, than there is paperwork the Commander has to sign, which means he or she will be aware of the Service Member’s intention to marry. If the Commander refuses to sign the paperwork or has a concerns, than the marriage will be help up for a bit or possibly wont happen at all.
With all that being said, a Service member who gets married is entitled to certain benefits and is required to send their Spouse money every month for support if they are separated or going through a divorce. If a Soldier’s wife feels like she is abandoned than she can contact the U.S. Embassy and they will be able to locate the Service member. A military Service member that abandons his Spouse will be punished under the UCMJ and if the Service Member didn’t inform his chain of command that he got married he will be in for all kinds of trouble. I hope everything works out for you……
hi phils,
my husband wants to file a petition with me and my son, but i’m so confused because my father was a US citizen now, since i was a toddler he acquired his citizenship through fix mariage in the united states but he is still married to my mother here in the philippines.. my concern is like this… will the US embassy recognize my father in the US if i fill – up the form G – 325 as his city and country is in the philippines, may i be in trouble just in case the petition approved and i will fill up the form DS – 320 and will put my father address is here in the philippines not in the US where he reside now… please help me i don’t want my petition be denied… thanks for the concerns
@zetty (ID 3956): Wow. This is complicated. It is way over my head. If you are saying (as I think you are saying) that your father’s citizenship is in doubt, then you have a problem. Otherwise, you’d be a US citizen. I don’t know about acquiring citizenship through a fix marriage … people who marry a US citizen don’t acquire US citizenship themselves, so I am really confused on what you said there. And what petition is your husband asking for? Does he want you to petition him to the US becuase you are an American citizen? There’s a lot of parts to this question you didn’t share with me.
I’ll just say two things.
“A”, you need a lawyer. This is way too complex to be asking around about on the ‘net. You not only may get wrong information, you may reveal information about yourself and others that would just as well be kept quiet.
“B”, the way you phrased things regarding you father’s US citizenship and thus your own leads me to believe you, yourself, don’t really believe your dad’s US citizenship is “on the up and up”? Am I correct? If so, what makes you think that the US State department and the INS are not going to find out things are not on the “up and up” either? I really sense that you know the answer, but you are searching around to find someone to tell you to go ahead and do something that you, yourself, know isn’t correct?
When you file a petition you are going to have to swear that everything is correct to your own personal knowledge. If you knowingly make a false statement in an application to the US government, you have just committed a federal crime. Typically, people who get caught doing that on immigration paperwork don’t go to jail, they just get a lifetime ban from ever applying again.
So think this through carefully. I sounds to me as if you already know what the right thing to do is … but if I am wrong, be sure to see a lawyer who actually knows US Immigration law. I ony recommend one, Michael Gurfinkel, http://www.gurfinkel.com
Hi Phil,
I hope you can help me.
I got married to a US Citizen woman (she was also a Filipino Citizen before, just got US citizen after 5 years in the US) last 3 years ago here in the Philippines. After that marriage here i was petitioned to the US then i was able to get my Green card after 6mos. then after 6mos. my wife filed a divorce in the US. Now i wanted to get married in the Philippines, i am aware that here in Philippines my record is still “married”. How can i get it corrected and re marry? Take note as well that i am planning to marry a green card holder (US immigrant) as well and she was also divorced to a US Citizen last two years ago. We got the same problem, here in Philippines we are recorded still “married”.
@Robert (ID 4088): Hi Robert, thanks for being a reader and for your contribution to the community. First of all, I am no expert on Philippine law. Secondly, you need one (an expert that is).
There is a possibility you may be able to be classified as unmarried under Philippine law, but you didn’t furnish sufficient information. Did you wife file for divorce or did you? I it was you who filed, no dice, you’re still married. If your wife filed and she was a US citizen at the time, then the divorce should be recognized by the Philippines … becuase the current law states that marriages ended by foreigners divorcing Filipinos are recognized.
As for your current fiancee’, same questions. If her divorce was initiated by a foreigner, then she can likely claim that the divorce should be recognized by the Philippines.
None of this is automatic, you need to provide actual records of the persons’ status, date, time, places and US divorce decrees (often called “Final Orders” in the US.
Sorry to be the bearer of bad news, but there is no divorce in the Philippines, and Filipinos seem to love it that way, they keep electing leaders who want to keep the law the way it is … 195 countries in the world have laws allowing marriage, only the Philippines and the Vatican City have failed to pass corresponding divorce law.
Sorry for the political segue here, but I get so many questions like this from honest, hardworking Filipinos who have their whole lives wrecked by this denial of rights to the citizens, yet (for example), during the last presidential election here, hardly a word was spoken regarding the Philippines total backwardness (my opinion only) in this area … and Filipino citizens suffer, and continue to suffer. Sayang.
About your question of who filed the divorce, my wife did and yes she is a US Citizen the time she filed it. AS well as for my current fiancee, her husband filed the divorce and a US Citizen as well.
Do we nned to get other documents from where the divorce were filed or the divorce documents are enough already for the proceedings here in the Philippines? Can you give us an idea how to process the nullity of our marriage here in the Philippines for us to be able to re-marry?
Thanks so much for the help Phil.
@Robert (ID 4091): Hi Robert. Boy you were right there waiting for a replay, weren’t you” *smile*.
Since both divorces were granted in the US based on the criteia that Philippine law requires, then it appears you both can get them reognized in the Philippines.
I really can’t offer much help on how to do this, though.. You basically answered your own question. Of course, everything ias going to revolve around legal proof. Also, documents, such as the divorce decrees from outside the Philippines are normally not recognized within the Philippines unless authenticated by the Philippine Department of Foreign Affairs That means, for practical purposes, you file the divorce decree with the Philippine embassy or consulate that serves the US area of residence, and after the DOFA authenticates them, they transmit then to the Philippine NSO for the official record.
Once the NSO has these on file you should be able to proceed normally. (but remember that is just a layman’s opinion, and a foreigner at that). Best of luck.
Hi Dave! I will help you out. Since you were former Filipino citizens (and honestly, you may even still be considered as a Filipino Citizen, notwithstanding having acquired American Citizenship) and your foreigner spouse was able to validly seek a divorce, under Article 26 of the Family Code you may remarry. However, unlike the foreigner who can easily remarry in the Philippines by simply showing their legal capacity to marry, you, however, may have to get a Judicial Recognition of the Foreign Divorce Decree.
I understand it is less laborious than an Annulment because all it does is prove that your foreigner spouse already validly obtained a divorce.
Best of luck.
@Claudette (ID 4093): Thank you once again for contributing to the community. Robert, please take note. I learned something today, as well.
hi.im a Filipina. I have a boyfriend who was previously married to a filipina. He was able to obtain a divorce in America,yet not not an annullment here in the Philippines.I just want you to know if there are legal grounds.or if i can get in trouble for keeping him?
my boyfriend is American.
@jaz (ID 4647): Hi Jaz, Thanks for writing in and a very merry Christmas to you and yours.
Remembering that I am not a lawyer, in either the US or the Philippines, my personal opinion is, you have no problems. Your boyfriend’s divorce should be recognized by the Philippines, so legally I believe he is considered unmarried. As long as you yourself are not married, it’s likely you are not violating any Philippine law that’s going to pose a problem.
If you two decide to marry, he should be able to get an “Affidavit in lieu of a Certificate of Legal Capacity to Contract Marriage.” A U.S. citizen may execute this affidavit at the American Embassy in Manila, or at the Consular Agency in Cebu. Godspeed.
thank you so much..i read the constitutions…and figured theres no complication.just made me worry that he or his x wife should apply for a petition of recognition for foreign judgement before it can be legalized here in philippines.thank you so much it help to put my mind at ease.God bless!
@jaz (ID 4660): Hi Jaz, well from what I understand, the Philippines does not deal at all with his divorce, since he is a foreigner and the divorce was obtained overseas.
A foreigner’s legal capacity to marry is determined from his home country … if he has legal proof of his divorce, the US. So far as his ex-wife is concerned (if she’s a Filipina, ‘she” may want to file to get a Philippine court to recognize the divorce and declare her free to marry again in the Philippines, but that’s got nothing to do his his legal status. So far as I can determine. Merry Christmas.
just to clear,so does that mean that there are no complications even, he x and i are same filipina and he comes over here for me? even if non of them yet apply a recognition for divorce here in the philippines?
because his x still trying to track me and i just dont know what she wants from me…its quite freaking me out.
thanks.
@jaz (ID 4667): I’m confused now. What does
I thought you said this guy was an American citizen? Is he Filipino?
You asked for advice about the legal problems involved with a relationship with a divorced American man. Now you are actually asking about ‘affairs of the heart”.
I’m not qualified to give legal advice. I’m for sure not qualified to give romance/relationship advice.
The ex-wife is mad at you,and trying to ‘track’ you? What do you suppose will happen if she finds you? If you feel you are in danger, you should contact the police. If you feel you have a legal problem, you should contact a lawyer. If you want to come into a broken up marriage and become the ‘next woman’, there is no way to avoid hard feelings and harsh words … remember the old saying, Hell hath no fury like a woman scorned … and it sounds as if she feels pretty ‘scorned’ right now. Nothing I know about that can help you there, sorry.
hi philly,
i have questions regarding muslim marriages. i am a filipino muslim convert two years ago. I am married in christian which is in civil marriages in philippines.i am here in middle east now. I have a girl friend in the U.S and she is already a citizen 11 years ago,and we are planning to get married in my religion, “islam marriages”. Is this legal to consider in america our marriage. is she can petition me also as a spouse.Is there no conflicts between my 1st marriage in christian catholic and in islam.?hope i could get an answer for this…really need your help.thank you for this column.
@earl (ID 4672): Interesting question, Earl, and forgive me for not spending time on the issue of Shari’a law in the Philippines, becuase, in spite of what we write here so often, the IS divorce in the Philippines .. legal and recognized by the NSO … when that divorce is granted by the Shari’a (Islamic Law)courts in the Philippines.
To answer your question, I’d really be on shaky ground. First guess is. Shari’a courts can’t touch Christan marriages. How right I am on this? Don’t know. Remember, I am not a lawyer, a priest on an Imam. Way over my head both legally and religiously. You need to get counsel from an Islamic leader of the Ummah, or community of Islam. on that issue.
The ‘operative’ part of what you are asking, though is, can you marry a US woman and have her petition you to the US, correct? The answer to that is, yes if you are legally single. And from what you are saying, you are not legally single, you are married still to a woman in the Philippines, correct?
A major part of the vetting (investigaing) the US does for any fiance or spouse visa candidate is screening to detiermine a marrige to the US citizen would be leagl. Bigamy is not legal in the US so they will never approve a visa for an already married applicant. You have got to te “unmarried”, legally, from your current wife.
Can you divorce her using the Shari’a court in the Philippines? Maybe, but as I said earlier, I’m going to guess the Shari’a court is gong to say you were both Christian when the marriage took place, thus it is not in our hands to deal with. But that’s why you need better, more authoritative advice than you are going to get off websites like mine … becuase if you marriage _does_ fall under the authoity of the Shari’a court in the Philippines, you can get divorced and get the divorce recorded in the Philippine NSO … that wil make you “legally single” agin.
If you can’t use Shari’a law, your only choice within the Philippines is the Philippine Family Code annulment process. Takes time, costs money. Why Filipnos insist on electing leaders who perpetuate the most backward and ubnfreindly marriage dissoltion system in the word, I will never know … I’m a stanger in a strange land here, becuase I see Filipnos hurt, sometime hurt badly by the archaic law (In my opiniojn of course), and yet election after election the same “anti people’s rights” type candidates keep getting elected, keeping the Philippines in the “dark ages” so far as family law goes.
Anyway, that’s the way it looks to me. Is there a way to get a divorce from another country? Quite possibly, yes. But my experience is, the US State Department goes back to the “source” for fiance’ or spousal visa candidates. Since you are Filipino, they will process your application through Manila. Philippine law doesn’t recognize divorce from foreign countries _if_ the petitioner is a Filipino, so if you filed for divorce in a third country and then asked the Philippines to accept that divorce, they will not.
Sorry, but it seems to me you have to address this problem at the source … get legally “unmarried”, either through Shari’a law or Civil law here in the Philippines … that’s the only advice I can offer that seems legal and workable. Godspeed and all the best in the coming year.
hi! my boyfriend is in the united states, he is a filipino and got married to a filipina here in the philippines. when they went to US,their relationship did not work well so they filed a divorce which was processed for two years.. its been 7 years since their divorce got approved. when he became my boyfriend, that’s the only time that he decided to file an annulment in the philippines to legalized everything. its been 20months since he filed it.. but still, it has not been approved yet..
we want to be together now.. CAN I GO IN US USING A FIANCEE VISA SINCE THEIR MARRIAGE HAS BEEN DIVORCED 7 YEARS AGO? I’ve asked you this because were longing to see and be with each other and were not hurting anybody.. thanks…
@che2 (ID 4809): Hello, thanks for being a reader and for contributing to the community with your question. Unfortunately, I can’t answer it, becuase one important fact is missing. First of all, please remember I am not a lawyer and this is my personal view, not legal advice, OK?
Is your boyfriend a US citizen or is he a US Permanent Resident (Green Card) holder? If he is a US citizen, then I see no reason he can’t sponsor you for a K1 (Fiancee) visa immediately. He’s legally free to marry in the US and you have never been married, correct? (the NSO will issue you a CENOMAR if you apply for one?). A K1 is typically the fastest visa overall.
But if your boyfriend is _not_ a US citizen, he can not sponsor you for a K1. A legal avenue that would still be open to you would be a K3 (spousal) visa. A LPR (green Card) holder can sponsor a spouse for US immigrant status. The marriage would have to take place outside the US (better go to a third-country, like Hong Kong, Macao, Singapore, etc. for the marriage to avoid any possible problems with the Philippine legal system.
Now an additional issue that should, in my opinion, be looked into. I expect your BF used a lawyer to file his annulment case in the Philippines, correct? I suggest he work closely with his attorney to move his case through the Philippine court systems. 20 months is not unheard of, but many people have gotten annulments in under one year. I have no direct experience with annulment cases here in the Philippines, but in my experience with the legal system here and in the US, many cases languish for ages and ages becuase the person filing the action just turn it over to a lawyer and wait. Even though the lawyer is taking care of the legal side of things, in the end, it’s still your BF’s case … the lawyer works for him, not the other way around.
Best of luck to you, and do let us know if there’s anyhting else we can do to help.
My husband told me that he has a colleague that has filed an annulment against the wife without her knowledge and been granted. When the legal wife checked her marriage cert on NSO, their marriage has been nulled and void. Is that possible?
Can my husband do the same with me?
Please advise. Thanks
@clairevaux (ID 4844): Hello. Thanks for reading and for contributing to the community with a comment/question. Wow, got an annulment without the wife knowing? Doesn’t sound as if it would be legal, to me, but then again, I’m certainly no lawyer. Could it happen to you? I have no idea. I guess though, since I recently note that one can be convicted of murder when one isn’t physically even in the country, serve 15 years in prison for a crime you could not possibly have committed, be acquitted and then still have people “gunning for you” to try to pin the impossible crime on you a second time (maybe because they are embarrassed that their courtroom charade is now reported to the world and they look a bit incompetent), who can say what might happen to anyone within the Philippine legal system.
If your fears have any grounds … like you think something like you fear might really be happening? Better invest the money in some competent legal advice sooner, rather than later. You need an informed opinion, not my meanderings. Godspeed.
Hey Phil, I just stumbled onto your site and need some questions answered. I saw a similar question but mine has some differences. To start off my spouse and I got married in Seoul South Korea at the U.S. Embassy in Dec of 2005. (Where I was stationed in the Army) She was previously married in the Philippines but to her knowledge her marriage here was void due to the fact she was under age and he was already married to another. Well like you said the NSO only keeps records. Well to get the record out of the NSO she had to perform an annulment. Now is our marriage valid since her first was void? We really want to get home now and we wanted to start the I-130 process but kinda scared to get turned down over something we can prevent. What are some other solutions? Divorce and remarry? Kinda drastic. Also does the NSO keep records of annulments or is it like her first marriage never took place? I was considering weather or not to turn her annulment in with the other paperwork to file for her I-130. But that’s cheating…ha….But if there is no record at the NSO how are they going to know.
@Joe (ID 4887): Hi Joe, thanks for reading and for contributing here. Your situation is somewhat unique, and it;s even more unique in that you and your wife took the legal steps to get the original, invalid marriage formally annulled. My personal opinion is, you have a legal marriage becuase you both entered into it believing you were both free to marry.
The I-130 instructions clearly state you must provide proof of termination of any preceding marriages … which you have in your possession now. The issue, as I see it, there’s an overlap, because legally it can be argued that your wife was _not_ legally capable of marriage on the date you married. Thus, is your present marriage really 100% legal? It can likely be argued either way. So what to do?
If this was a simple thing, my personal opinion would be, file the application and see what happens. But I just noticed it costs $420 dollars just for the initial filing. And in cases like these, if there is any suspicion on the part of the consular officer involved that there is an attempt to be fraudulent, really stiff penalties … like 10 year bans from the US and such can be issued. This would the devil of a job to overcome. And the officer doesn’t have to prove anything, if s/he has ‘reason to believe’, bingo, penalties get issued.
A good lawyer, well versed in US immigration law, charges only a few hundred bucks for initial consultation on something likes this. (I recommend this gentleman, I am sure there are plenty others out there) Michael Gurfinkel.
My view is, if you do the wrong thing, it could cost a bundle and, more importantly perhaps, take years to straighten out. Many immigration issues don’t really need a lawyer, I feel in your case though, you absolutely need one. Competent legal advice, rather than an old curmudgeon’s layman’s ramblings is what you need here, Joe. Godspeed.
(P.S., please write back and let people know how this worked out, would you? Thanks)
Q:
Hey Phil, Joe here again. I have some news for you that recently came to my attention after doing some research on my problem. Like I said my spouse and I performed our marriage in South Korea. Well the marriage does not actually take place at the Embassy, the only function provided by the Embassy is the notarization of documents needed for marriage. The marriage actually takes place at the Korean Ward Office where a record is made on the family census register. So legally I’m not really married in the States or the Philippines, only South Korea. Correct me if I’m wrong. So my question is, can’t I just get married here again? I mean there is no record of my marriage at the Embassy. I mean honestly Phil if I had the funds I would contact an Attorney but times are hard budget is tight. I mean all I have got here is a sari sari store and a 4 piece internet shop that is scrapping by. I also have two children involved who are both American citizens who were born on the U.S. Army base in Korea. They are overstayed right now for over a year. Don’t do no IP tracing on me now Phil, lol I’m kidding. But thank you for your prompt response earlier.
Phil I’m going to go for it. I’m going to try and get my spouse a fiance visa. I mean she is legally free to marry. Our marriage is not valid so I’m legally free to marry. There’s no record at the NSO anymore not even of our marriage. I’ll write back and let ya know how this mess turns out. Do I have computer access from prison? lol Thanks Phil.
@Joe (ID 4903): That’s another way to do it, for sure. Best of luck to you, my friend, and yes, please do keep us posted.
Hi , this John
My Filipina wife and I separated in 1998. She went to the States and filed the divorce. She is now a US Citizen. Can I marry my new Filipina girlfriend now?
@John (ID 5043): See my answer to your next comment, John.
Hi my question is am married in usa 2006 but we married only 1months then divorce,my x-is american, i am here in phils now,almost 5yrs now, but i have bf from australia too like too marry me in phils,if i get spouse visa.. they can found out i am divorce in usa? thanks
Hi Angel, thanks for contributing here with a question. You missed one important point about your divorce that means everything as far as Philippine law goes.
Did you husband file for divorce, or did you? If you foreigner husband filed … in other words, on the divorce parers, are you named as the defendant or the respondent? If so, then the Philippine will recognize that divorce as valid. You petition the court to accept the divorce decree from the US and instruct the Philippine NSO to change your civil status to “Unmarried”.
If you filled for the divorce .. in other words if legally you were the plaintiff or petitioner, then the Philippines will not recognize that divorce … and under Philippine law (and in the NSO’s records) you are still considered “Married”.
So you can see how important that one little fact can be.
I’m not sure what you are asking in that last sentence,
Who is the “they” you are asking about and do you want “them” to find out you are divorced, or are you worried someone will find out you are divorced? Please help me understand.
Hi , this John (clarification on my first comment)
My Filipina wife and I were both FILIPINO WHEN WE MARRIED, WE separated in 1998. She went to the States and filed the divorce. She is now a US Citizen. Can I marry my new Filipina girlfriend now?
@John (ID 5044): Hi John. Gosh, the best answer I could give you on this is, I don’t know. The law is pretty general. It basically says two Filipinos can not have their foreign divorce recognized.
It further says that if a Filipino marries a foreigner and the foreigner initiates (files for) the foreign divorce, then the divorce will be recognized. I don’t know where there is any language that covers areas where the spouse changes status like that.
A primary question I think that needs answering is, was your ex already a US citizen when she filed, … which came first, the divorce or the citizenship?
Again, I can’t offer legal opinions, but a guess would be, one scenario is a court would say, “Hey, you were both Filipinos, so we aren’t allowing you to divorce.”. The fact she is now a US citizen is of no concern to us.
The other probable scenario is, the court might be willing to recognize the divorce _IF_ your ex was already a US citizen when she filed … but if she was still a Philippine citizen (or if she reacquired her Philippine citizenship, my guess is, no judge is going to recognize the divorce.
You really, really need a lawyer here, everything I put out is just a guess, and many other websites, too, are just making qwento. If you truly want to get married, and be legal, you need professional help … or that’s my opinion, anyway.
Hi,
If a Filipino man marries a Filipino Woman and after their marriage the man becomes a Foreign citizen and petitions for a divorce in the states(making it legal as he is now a foreign citizen) then with the declaration of RA 9225 making him a dual citizen both of RP and US. Will the reacquisition of the Filipino citizenship have any effect on the previous divorce? Would it fall under RP Laws or US laws?
Thanks
-rocky
@Rocky (ID 5095): Hi Rocky, thanks for reading and for contributing with an interesting question. I’m afraid I really have no way to answer this, though. Especially the last sentence, “Would it fall under RP Laws or US laws?“.
Piece by piece, these are my thoughts on the scenario you have outlined. Again, I have to caution everyone reading this, I am not an attorney, and most people with these question need an attorney, in my opinion. Attorney’s cost money. Making big-time mistakes by basing decisions based on layman’s Internet opinions often cost more. Pay now or pay (more) later, or so Dave opines.
“man becomes a Foreign citizen and petitions for a divorce in the states(making it legal as he is now a foreign citizen)” The divorce would be legal. That’s not in question. The US court can’t order an illegal divorce. I think you are trying to say that the divorce would then be recognized by the Philippines and qualified to be recorded by the NSO. I’m not 100% sure on this. You may be right.
On the other hand, these foreigner/Filipino divorce situations are NOT automatic. The party who wants the divorce recognized under the Philippine family code must file a case/petition with a Philippine court to have the divorce recognized. Read Claudette’s comments and others to this article.
The existing law does not describe the exact situation you are talking about, so it’s entirely within the power of the court to interpret the law “your way” or “the other way”, choosing to rule that the change to US citizenship changed your legal status in some respects, but since the man was a Filipino to begin with, and is always a former-Filipino, the law still treats him as Filipino under the Family Code regarding marriage.
See why I say you need a lawyer? Either argument appears to have substantial merit, it’s not black and white, becuase the law doesn’t specify things in the detail you are asking about.
” Will the reacquisition of the Filipino citizenship have any effect on the previous divorce? “ Again, impossible to say. The law has no specific language on this situation, so one argument is, “No, the divorce is still recognized becuase it happened when the man was a foreigner”, while one can easily argue with conviction that if the man takes the steps, including swearing to make him/her subject again to the Philippine Constitution and laws of the Philippines, that the divorce now is not recognizable under the existing “loophole” regarding foreigner-initiated divorces. My personal view is, I think the latter is the most likely determination, because reacquiring citizenship, to me, means exactly that. YMMV.
Lastly, ” Would it fall under RP Laws or US laws?” This is confusing to me. Would what fall under Philippine or US laws? You may be over-thinking something here. A Filipino who emigrates to the US and files for a divorce, gets a divorce, pure and simple. His citizenship has nothing to do with US laws .. if he or she meets the requirements of their state of residency for a divorce, it happens, be he Filipino, former-Filip9no or Armeinan. Done deal. Under Philippine law, a Filipino can’t get a divorce at all, except for that foreigner-initiated exception we have been covering.
Your query is not the first I have received like this … and let me offer some personal advice. Please take it in the spirit it is offered.
Anyone living in the Philippines and married who wants their marriage legally dissolved under Philippine law, should probably follow the spirit and intent of the Philippine Family Code and just file a case for annulment, follow it through and be done with the deal.
This will take far less time and cost far less than some convoluted scheme to go to the US, attain US citizenship just to facilitate a divorce, and then reacquire Philippine citizenship just to “possibly” have a legal right to marry in the Philippines again. If you choose a lawyer wisely (one with a track record of successful annulment cases), you can get a Philippine annulment in a year or so, for P20,000/P30,000or so. To got to the US an become naturalized takes years and years and costs thousands and thousands of dollars. In the old days we used to call this kind of journey “Running all the way around Robin Hood’s barn.”
Hi Phil,
Thanks for replying
Will put your suggestions into mind.
Thanks again!
Philly, thanks for all your help. I am US Army Soldier in Iraq. I just found out the girl Freind I want to marry was married before when she was 18. She is now 22. She thinks that if she somehow changes her name that this will allow her to remarry. If I read all that is here I think the only way for her to get a Fiance Visa to america or able to get civil marriage in philippines is if she gets a legal annulment. When I read the 6 reasons that normally justify an annulment I dont see how they apply to her situation. And she is saying the lawyer told her she can get her an annulment in 3 months for 200,000 peso. Somethign sounds wrong here. Any advice you can give? I know you are not a lawyer but I just wanted to see what you could tell me.
@US Army Officer In Iraq (ID 5116): Sir, first of all let me thank you for your service, as well as being a reader and for contributing to this community.
This question raises many important points. I’ll provide my comments in a few hours in a regular blog article, becuase your issues are way too important to be buried here in the comments. Here’s the link: Doing the Right Thing in the Philippines
Hi,
My girlfriend and I are planning to get married on civil, but she was married to a guy before with whom she did not knot was still married to his first wife. I checked her CENOMAR and she was registered as being married to that guy. My question is, is her marriage to the first guy null and void even though, she is registered in CENSUS as married to that guy?
@Jasher Ronco (ID 5145): Hi Jasher, thanks so much for writing in. It’s the comments and questions that keep this place alive. Remembering that I am not a lawyer, I am very much of the opinion that your intended brid is still very much married to that previous husband of hers. The fact that the NSO says so is pretty strong evidence.
Now, of course, she has good grounds for getting that marriage annulled, since it appears the guy was already married and thus incapable of legal marriage. But, and it’s a big “but”, it’s possible she can get that marriage declared as null ab initio (from the beginning), as opposed to the longer and more difficult route i[of a normal annulment … but only a court can make that determination, and order the NSO to change her civil status. It doesn’t happen automatically, sorry.
By the way, now that you know and she knows that she is still legally married to this guy, don’t even think of marriage until you get this legal problem resolved … you would both open yourself up to a charge of bigamy … and if someone wanted to press charges (like a vengeful prior husband?), wow, it could get nasty for you both.
Hi Phill,
I already read your answer to a similar situation, But I want to ask you again as there may be a thorny situation with me. Here we go… I married a Filipina at the end of 2005 in the Philippines and migrated to California with her. We are now separated. I was also previously married to another Filipina in 2002 and divorced the next year. I got the divorce in CA. I received the legal capacity document from the U S embassy for my 2nd marriage as with the first. Here is the problem, you state as others that the American needs no other verification of the divorce other than the legal capacity document from the U S embassy unlike a Filipina who must obtain a confirmation of the foreign divorce decree as the Philippine Gov. considers the marriage still in affect. Why would I be considered free to marry if wife # 1 is not? I can not find a definitive answer on this! Let me now get to the root of the problem: the NSO has my 1st and 2nd marriage on their records showing me married to two Filipinas and even the U S embassy {ACS} says I should have had the NSO record amended before I married the 2nd Filipina. I now am having trouble with this first wife as she recently found out I got remarried years back to another Filipina. She is clamming I was technically married to her and was carrying my sir name when I married the 2nd wife. She is threatening me that she will go to the U S embassy {ICE} and make them aware of this. I called NSO and even went there and they told me I am considered married to two women and that I should have cleared the record when I got married the 2nd time. Oh boy….. My wife that I am separated from now may have problems and me also. I have also been informed that a supreme court judge in the Philippines recently ruled that the foreigner should also have the divorce confirmed by the Philippine courts. So my problem is, even though I had my legal capacity to marry, I am married to two Filipinas! I know your not a lawyer, but just your opinion would be helpful. have you ever hear of this situation before? Thank you, Ted
@Ted (ID 5222): Wow! It’s complicated, isn’t it?
There’s too much in this one comment for me to deal with in another comment … you’re getting your own dedicacted article for tis one … stay tuned, coming soon.
By the way, Ted, can you please clarify something for me? What is your citizenship/nationality. When I first read this I thought you were a US citizen the whole way, then looking back and re-reading I think perhaps you are a Filipino who attained US citizenship … and if that’s the case, did you reacquire Philippine citizenship as well?
@Philly (ID 5227): Hello Ted, are you listening. I sent mail to your mail address also, no response? Why leave such a heartfelt comment ans then ignore my attempts to help you, if I can? I need to know more about citizenship of different folks when certain events happened, else how can I possibly even give an educated opinion?
I am American phil
OK, great. So am I. Now please clue me in on what this is in response to? I don’t see your name or email in a previous comment … did you originally comment under different credentials?
Hello Mr Phil,
How are you? I’m lucky enough today to stumble on your site (the best site so far)and it took me like a couple of hours reading your article looking for some story similar to my case but didn’t find the answer I’m looking for. I’m hoping through your marriage and immigration expertise would give me enlightenment w/ my situation. Let me try to make my story short.
I,m a filipino separated (not legally though) w/ 2 kids that their mother left me before I left for U.S for a seasonal job ’07, then I thought of divorcing my wife and start anew which I did a year after. During those time I’m dating a young filipina who is a permanent resident w/c I married couple of months after my divorce was granted, we were blessed w/ a baby boy soon after.
Since I’m on a temporary status we tried looking for ways to fix my papers, talked to bosses,agencies, friends,relatives and even a couple of lawyers and that includes Atty. Gurfinkel. All these lawyers had given me the same options, hide and wait for my wife’s citizenship then file a petition or file I130 and go home and wait for the petition become current. I chose the latter, I can’t risk my kids and wifey life to uncertainty specially that they haven’t recovered from birth complications.So I got the whole gang w/ me goin back in the Philippines .
Now were here and wifey went back to US and I’m left w/ my kids waiting for my chance to go back,well I guess my faith hasn’t changed I’m back where I started (laughing).
My questions are:
Can my marriage here affect my f2a petition and give a big probability of denial, would US embassy enforce US laws when it comes w/ family petition or I’ve just put myself in a bad position under this bureaucracy that that they have to look into.
Is it really imperative for me to fix my previous marriage since I’m already divorced and married in the US?
Since I can’t file for recognition of foreign divorce, is going through an annulment the only option?
Why do you think those lawyers gave this as an option knowing every detail of the case, or they just have no good grasp on Philippine laws.
Thank You so much Mr Phil , I know your not a lawyer but your knowledge between these 2 worlds is sure enough the closest if not exceeding a best lawyer could have.
Your answer is highly appreciated. =)
@Bert (ID 5557): Hi Bert. Thanks for your comment. I am afraid, though, I have little to say. Let me but it bluntly … I know, not good manager when talking to a Filipino, but I’m not a Filipino and you have chosen to hook yourself up with the American way of life, so you’ll have to be tough and suck it up.
Your US divorce no good in the Philippines. You and your present wife seem to have been perfectly legal in what you did regarding US law, but you already know it wasn’t legal/recognized by the Philippines. So now you are legally married to one woman in the US and illegally married to two so far as the Philippines is concerned.
Can your existing Philippine marriage affect your F2A petition? Well I would expect that it can … very negatively. Are the facts of the matter not these … your Legal Permanent Resident wife is petitioning the US to grant her husband the privilege of joining her in the US .. yet said husband is already legally married to another woman? Suppose you were an adjudicator at the US embassy, looking over the package for your visa? What would you honestly do if your sworn duty was to uphold the US laws?
The only legal way I know of that you can legally dissolve your pre-existing Philippine marriage is to file an annulment case in the Philippines, see it through, get the court to order the NSO to show your first marriage is annulled. Anyone knowing any other legal avenue that’s open to you, please feel free to comment, but all I know is what the Philippines says your course of action must be.
Sorry I can’t offer you much else in the way of alternatives, but so far as my limited understand is, that’s the way it is. As an editorial comment, as a stranger in a strange land, I am always amazed at how Filipinos just keep electing politicians who are 100% dedicated to keeping th only non-divorce political system in the world alive (except for the Vatican City, of course). It’s archaic, it’s anti-human rights and it’s a blight on the country .. in my opinion … but what does a foreigner know? As long as people get elected by who their parents were or by how much jueteng money they spread around, rather than by what they plan to do for the Philippine family, I suspect the situation won’t change soon.
When I was a boy, it was very hard to get a divorce in most US states. This hurt many people. So they petitioned their congressmen and senators and now all 50 US states have relatively simple ‘no fault’ divorce laws. You’re in the Philippine now. Who is your Congress person? Have you petitioned him/her asking for relief from this miserable no divorce system? That’s what a democracy is all about. With all its flaws an imperfections the US democracy works. When will Filipinos demand that their system work?
Thank you for the quick response Mr. Phil I appreciate that. That’s what I thought and afraid off , now I’m stuck in this situation I don’t have that much option do I. Going through divorce is painstaking ,getting an annulment even more involving time , a lot of money, and emotion. We are expecting that petition to be up later this year and I was days shy before the retrogression last year, well that happened for a reason I guess. But that doesn’t give me much time because for all we know annulment take less than a year or more, wow what did I got myself into? Doing it doesn’t guarantee everything, I’m thinking that since I’m here my 2nd marriage is null and void in Philippine Laws, is it , but with US laws I did the right way did all the process hmmm that’s confusing. Just can’t understand why my lawyers sent me home even the great Atty. Gurfinkel said the same thing. I wish this way of life around here would change it is just hurting families forcing people to leave together when they can’t anymore, it just add up the agony. I couldn’t agree more to everything you said , I hope I can find my way to this blunder.
This is a great thing your running in here ,helps a lot people like me.
@Bert (ID 5566): Bert, thanks again for contributing here. Regarding the advice about returning to the Philippines you got for lawyers … am I wrong, or wasn’t that your only legal option? It’s tough, I know, but if you returned here instead of going TnT, then you did the right thing, even if it hurt. God bless you.
I am in similar situation. Even though I am Filipino. I am not a citizen. I have an ex with three kids here in Australia. We have been separated for just over 2 years now. I also have a family who lives in Surigao. She’s never been married and though we call ourselves husbands and wife. Legally we’re not. I’m trying to bring her here in Australia for the sake of the kids and better education. I’m not saying Philippine Education system is bad. I’m just saying I believe my kids would be better off here before going back there.
I haven’t done any inquiries yet with the deparment of immigration regarding our situation, because I want to have a substantial funding first, before I act on it so that when she comes here, we can live in a more comfortably. I do know though that I can’t do much whilst I’m still legally married.
But the question I have though, are kids. My partner who lives in Surigao has never been married. I am currently married (but just buying time before applying for divorce). My passport is Australian and her’s is Philippines. I have heard that because I am Australian, does that give our who was born in Philippines an automatic permanent residential status here in Australia?
@JC (ID 5575): Hi JC. Good to see you and thanks for the challenging comment. I started out confused because you said you are a Filipino but not a citizen (of the Philippines?). I dunno how that works … maybe you were born a Filipino but lost your Philippine citizenship when you took up Australian citizenship? Anyway, to answer your most important question … your children in the Philippines. They don’t have permanent residency status, they are Australian by birth and, since their mother is Filipino, Filipinos by birth.
I just checked Australia’s excellent Department of Immigration site http://www.immi.gov.au/ … you should too, there’s a wealth of information there … how I wish the US would make a site so simple and informative. There are a number of options for bringing your children to Australia and likewise you partner, fiancee’ or wife, whatever the case may be at the time you make the move.
Godspeed
As a foreigner I got married in the Philippines. I am getting the marriage annulled in the Philippines. I can still get a letter of legal capacity to marry, if I wanted to remarry in the Philippines?
Paul (ID 5782) » Hi Paul. Thanks for your comment/question. So far as I know there will be no problem in getting your letter of legal capacity. These letters are issued by the US Embassy based on your affidavit of legal capacity … it’s mainly up to you. The letter they issue is based upon what you swear to them, the embassy itself does not determine anyone’s capacity to marry, they are acting officially as a notary in these cases. I certainly would bring proof of my annulment along with me, of course. Best of luck.
can i get certification of singleness in NSO Philippines even im married??? i am converted to Muslim already here in Saudi Arabia and has no communication with my ex-husband for a long time…eventually i met a Muslim guy and offered me marriage (of course under Muslim rites)…my employer asked me if i could submit a certificate of singleness just to prove that me and my ex-husband were already estranged from each other, thus my employer will then grant me a “no objection certificate” to get married here…is certificate of singleness is a right proof, or is there any other “term” for a “certificate” that will serve as a proof that me and my ex were estranged husband and wife?? can u help me on this…really need an idea on what to be the first step….secondly, IF i will get married here in Muslim rites, is it valid in Philippines and this will “NULL” the previous Catholic marriage?
mitzi (ID 5789) » Mitzi, thanks for reading and for commenting here … your thoughts are appreciated. But please, please, think about your questions. You know the answer to most of them, but you seem to be living in a dreamworld. Love can’t conquer all, it needs some help from you.
Q: “Can i get certification of singleness in NSO Philippines even im married???”
A: No, of course not. You can be married or you can be single, you can not, legally, be both?
Q: ” … certificate of singleness just to prove that me and my ex-husband were already estranged from each other …”?
A: Sorry to have to speak bluntly here, I know “Filipino custom” is to talk around the issue and never get to the point, but here’s the point. You are already married. Not having contact with your husband is NOT being divorced or annulled from him. Being ‘estranged’ has nothing to do with being free to marry. Changing your religious beliefs does not change the laws of your country, nor does it (in my view) change people’s morals or faithfulness. In fact the Bible and the Qur’an are remarkably similar in their guidance on the sanctity or marriage and the absolute importance of honoring one’s vows. Not surprising since it’s one and the same God who sanctified the institution of marriage.
Q:If I will get married here in Muslim rites, is it valid in Philippines and this will “NULL” the previous Catholic marriage?
A: Remembering I am not an attorney, I do believe, though, that under the laws of the Philippines getting married to another partner while you are still married to the first will make you a bigamist. It certainly will not ‘null’ any previous marriage. Once again, under the laws of the Philippines, marriage can only be terminated by the order of a court of the Philippines granting an annulment.
Sorry to seem no negative, but really, I almost hesitate to post this answer as I have trouble believing your question is from a real person. Were you born and raised in the Philippines? Surely you were taught better thna this about honor and oath keeping. An path is an oath, even when inconvenient to keep.
I want to seek advice if i can remarry to this time. I am married 13 years now but separated physically for 10 years. We are both Filipino and have 2 kids. We both want to remarry because both of us have our own partners and kids outside our marriage. Is it possible for us to remarry the one we are living in, what can we do to settle this? Hope you can clarify things for me. Thanks and more power!
Brenda (ID 5866) » Hi Brenda, thanks for reading and for your valuable comment. I’m afraid I don’t have good news for you, though. Married is married. To be legally free to marry, you must have your existing marriage legally dissolved … by annulment or divorce, depending on the country you are in. Only an annulment will make you legal to marry in the Philippines. This is my layman’s opinion, only a lawyer can give you legal advice.
Hi Phil! I need an advise about my dilemma. My mom got married in the Philippines to a US citizen (2004). My sister (2006) and I (2007) were petitioned and migrated to US (LA) leaving my eldest brother behind who is over 21 at that time (he was petitioned). But they have a misunderstanding and my mom(sis+me) decided to go to NYC (2007). Obviously, my mom’s green card expired and didn’t got the chance to renew her green card before their feud. Now I believe her status is an illegal alien. My concern is that would this affect my sister and my application for citizenship? Also, is there a way to help my mom get a new green card? Thank you very much for the help!
Mark » Hi Mark. Thanks for writing in. I really can’t offer much advice here, becuase I don’t understand the question. Let me play this out in a way I can understand it, and perhaps you can clarify things for me, ok?
So I am guessing here that your mom went to the US on a IR (Immediate Relative) visa as the wife of a US citizen, yes?
OK, so your mom petitioned all three children fusing her status as a Legal Permanent Resident (Green Card Holder), but your kuya “aged out” … turned 21 before his visa came through, yes? Everything sounds understandable to me up until now. here comes the hard part …
There’s something I am missing here big-time, Mark. I can’t understand why your mom moving to NYC made it impossible to renew her Green Card. Are you talking here about a breakup between your mom and your American step-dad? If so, sorry to hear about that, but your mom entered the US legally, she no longer needs ‘him’ to renew her Green Card.
This is the part In am most confused about. Why would your mom go out of status and (possibly) let her children go out of status as well?
I can give you one piece of advice, though. And since you asked, you are going to get my opinion, strong and simple. Contact a competent immigration lawyer NOW, not tomorrow, not next year, not ‘someday’, but now. I recommend Atty Michael Gurfinkel (1-866-GURFINKEL). There are others, but Atty Gurfinkel is perhaps the best in the world with these ‘sticky’ Filipino-US family immigration cases.
This will cost you some money. I hear all the time from Filipinos in trouble, as you, your sis and your mom are now, “But we don’t have money”. My answer is, you have money to live, day after day, getting deeper and deeper into a legal ‘hole’, so you better re-arrange your priorities and find the money, do without a cell phone, forgo something in your life you are spending money on now, and fix your status to give yourself (and your children to come) a strong foundation in life.
Otherwise, just go TnT and spend a life looking over your shoulder and waiting for “the knock” on the door in the middle of the night … you won’t find reliable answers to complex situations like your in by surfing the web and asking questions from old men like me who are not lawyers and don’t really know the law. God bless.
my mom had a conditional gc (2004-2006) applied for renewal (2007) but their feud escalated -he hid all the mails coming from the immigration – moms renewal application + my gc(2007) w/c made the 3 of us move here in NYC (2007). i applied for a new gc (lost) and will expire 2019( im safe) and my 5th year residency is on May 2012. this matter was brought up last december 2010 when my uncle died in the philippines and she cant attend his funeral. then she told us about her problem and im very worried (she didnt tell us earlier) shes very laid back and lazy when it comes to paperworks and I have to fix it and help her (well considering my schedule, me and my sis are nursing students at NYU (very intensive) and we dont have time to meet with a lawyer at the moment)
Mark » OK, Mark, I understand a bit more now .. the estranged husband didn’t forward mail. Bad situation, but again, I think it can be resolved … with professional help. One reason I forwarded Gurfinkel’s website _AND- phone number is, he offers telephone consultations.
When you write back to me in an hour or so after I answered your comment, already with a another reason things “can’t be done”, I’m going to tell you that you probably have more free time available now as a student than you are ever going to have later in life. It’s a matter of priorities.. You have already spent a couple hours surfing/searching at something unproductive.
When it comes to ‘time’, it’s the one thing we are all born equally with. You have just as much time as anyone else does, no more, no less. There is _always_ time for what is most important to us at the moment. Just decide what is most important to you, and Godspeed.
hi Phil.,i read some questions and your answers but still i feels like to ask something and i need some advise from you,it seems you are not a lawyer but you know about this kind of law thing…I am a Filipina and married in the Philippines. I’m here in the USA for almost 3 years,i came here for a working visa but unfortunately i went expired,but then i continued working and pay taxes,until i met my boyfriend,he is a caucasian and we decided to live together,we are planning to get marry soon,my ex-husband has a Pilipina girlfriend and they also lived-in…I want to ask if possible for me to file a divorce here since i was got married in Philippines? and also, is it possible for my boyfriend to file a petition for me even we are not married yet? we have a baby boy and he’s 3 months old now..by the way me and my husband has 3 kids and all are with his mother,at first i asked to give them to me and to stay with my grand-parents but he don’t agreed with that,and he also tried to keep out my kids from me and from my family and after a year and a half his mother let my family to see them and i can talk to them too.i have also a question about that,i know that the law in the Philippines that who’s the parent left in the Philippines the kids will be with him/her..but is it also the law when the father wasn’t be a father for my kids? coz like what i said he live with his girlfriend and he left my kids with his mom,he don’t have any job either,but i am the one who’s supporting them.do you think i can get my kids even i am here in USA?
sorry i have a lot of question…thanks
shine » Hello, shine. I have hesitated in answering this because I really don’t know how to go about it. You are asking a lot of questions, but most of them you already full-well know the answer to … you just don’t want to admit you know the answer.
Let me just start with what should be your most important issue. Your US Immigration status. Unless I read your words wrong, you are illegal (tnT, expired, or whatever other sugar-coating word you want to put on it). So you now found an American who wants to marry you so you can avoid the inevitable…. deportation.
I have a hard time being civil and devoting myself to the other questions you pose when I recall how many years, how much money, how many missed opportunities my wife and I passed up in life because we did her immigration the right way and followed the law. Do you think it was easy for us, or for the other hundreds of thousands of Filipinos who also followed the law?
Let’s make a deal. You write back and explain how I am mistaken, or how you have made yourself legal (aside from trying to grab the first American citizen you cna who will marry you to try to keep you in the US), and then I’ll be happy to work with you, as long as it takes, regarding your other issues/questions. Fair enough?
hi i had a mistake with my sentence on the last part…”is it also a law in Philippines if the father can’t be a father can still have the kids?” like for what he did,he left my kids with his mother and he don’t have any job so he can’t even support them. thanks again…
Hi Mr. Philly,
I am filipina and was married to a japanese in 2003 in the philippines and was recorded in NSO. I filed a divorce in japan and it was granted in 2011, now i have these papers. My question is, Is it possible to change my status back to single in NSO philippines? How?
Thanks in advance, Godspeed…
Kathleen » Hi Kathleen. Thanks for reading and for commenting. I think the answer you need is already right there in the original article, though:
people write and ask me, over and over again, the same sort of question, unable to believe their own country restricts then so harshly.
Sorry to be the bearer of bad news, but only Filipinos can change these inequities .. perhaps someday when they decide to elect leaders based on how the leaders will support the rights of the people, instead of who the leader’s family name and other superficial, shallow reasons.
I don’t vote in the Philippines, so nothing else I can say, except that the marriage laws are second only to the Vatican City’s in being right out of the dark ages.
Hi Philly,
I am one of the readers of your site and this is my first post. I am marrying an American citizen here in the Philippines through Civil Ceremony and my question is that if the US government recognize me as a legal wife or do I have to undergo US Laws, procedure and requirements? we are not planning to live in the Philippines for good and no plan yet to travel to the USA. Thanks and God Bless
alexia » Hello, Alexia, thanks for making such a useful comment/question. I’m answering both your comments here in one go.
The Philippines and the US have a treaty which recognizes legal marriages in one country in the other country … so a marruage in the Philippines is lkegally a marrtiage in the US, so long as it is legal in the Philippines. Likewise, legal US marriages are also legal in the Philippines.
You don’t have to “undergo” any US laws I know of. Most US/Fiklipno couples are more interested in coming under US law than escaping is … income tax being a prome example … much cheaper for a couple to file jointly, even if only one had income, than for the US citizen partner to file his US tax on his own. Aside from that issue, I don’t know any reason the US would even want to know about your marriage.
If you ever change your mind (as a couple) in the future, your husband can sponsor you for a spousal visa to travel to the US, seek permanent residency and later citizenship … but if you have no desire to go to the US, you basically have no responsibilities … and also no rights (such as Social Security and other benefits your husband may have) as a foreigner wife.
What may be on your mind is the fact that certain countries have provisions that make a wife of one of their citizens eligible for citizenship based upon the marriage, but the USA has no such rules or laws that I know of.
Godspeed.
Hello Philly again.
thanks for your quick help. I would like to ask your opinion with this cause my fiance outside US and as we plan to get married. we are planning to have kids though he said t o me that we need to file documents so that when we have kids in the future, my kids will have american citizenship. my concern here is that just in case something happen to him (God forbid) would my kids can have their rights as his son and how aboout me as a wife since we dont plan to go to US and would not be able to acquire my residency neither citizenship. thanks again
Two questions in one here and the answers are a bit different, Alexia.
Regarding his children, in wedlock or out of wedlock. If he legally recognizes the child/children files a Consular Report Of Birth Overseas with the US Embassy, they automatically become US citizens. They are almost 100% natural born US citizens, the only right they legally lack is _if_ they do not reside 4 years in the US. Here’s the synopsis that covers almost all the conditions:
———————————
Children born abroad to two US citizen parents, one of whom has resided in the US prior to the birth of the child, continue to be US citizens at birth, and need take no special actions to retain citizenship.
Children born to one citizen parent and one foreign national will obtain citizenship at birth if the citizen parent resided in the US for five years before the birth, with two of those years after the age of 14. The child does not need to take any special action to retain US citizenship.
Children born out of wedlock to a US citizen mother will be US citizens if the mother resided in the US for one year prior to the birth of the child. Children born out of wedlock to a US citizen father will acquire US citizenship if the following conditions are met:
There is an established blood relationship between the father and the child,
The father was a US citizen at the time of the birth,
The father has agreed to financially support the child until it is 18, and
Before the child is 18 it is legitimated, or the father acknowledges paternity in a document signed under oath
While these are general rules, Congress has continually amended and revised many laws relating to citizenship, particularly those dealing with the requirements for retention of citizenship. If a person believes that they have a claim to US citizenship, they should consult with an attorney for a full examination of that possibility.
———————-
Now, as to your possible rights as the wife of a US citizen and the mother of one or more US citizens, you need to start here:
http://www.uscis.gov/USCIS/Laws/Memoranda/2009/Widower120209.pdf
The foreigner wife of a US citizen has a “window” of two years after the death of that citizen to file an “Immediate Relative” visa petition in order to move to the US.
Another time-honored route is, if a US citizen child moves to the US and is able to provide a home for a parent, s/he may petition a parent as an Immediate Relative for US permentn residency and/or citizenship.
Hope this helps.
Hi Philly again,
I would like to send my warmest thank you as you had been a big help. I had read the info you provided to me thru the USCIS website and I want to clarify with you, cause I had a friend who marry a US citizen unfortunately, a few months later after the wedding her husband died while in the US and she as a wife that time is in the Philippines. They havent had any document s/petition filed yet to the US embassy and I heard that she could not even fly to his funeral. I wonder if what she should have done on her situation and what is her rights/benefits as a wife?
best regards and God bless us
alexia » Hi Alexia, thanks for the kind words, but all I do is search for stuff online and read what answers come back. There is a TON of information on the USCIS website … it was a tremendous help to me some years ago when my Filipina wife was getting her green card and then becoming a US citizen. It just takes time, and finding the facts instead of what the ‘rumor mill” tells you can and can’t be done.
Regarding your friend, I’m sorry for her loss. Yes, it’s very likely that she could not get a visa to travel to the US. Filipinos and most US Citizens have a huge “blind spot” in their vision about US visas. They seem to think that the US Embassy grants visas based on the applicant having a “good reason” to go to the US. Actually, nothing could be farther from the truth. You don’t need any reason to come to the US if you meet the requirements for a visa. What you need, desperately, is a reason that will convince the Consular Officer that you will come _back_ to the Philippines.
That’s why US visas are easy for business owners, people with substantial property holdings, people with responsible jobs in the Philippines, people with extensive, self-supporting family ties, etc.
People with little or no money in the bank, no property here, poor or no job prospects, etc., are a “bad risk” in the State Department’s view, of going TnT in the US. So visas are very hard to come by, even for a spouse to attend her husband’s funeral. The embassy takes one look at the applicant and thinks, “Wow, her husband just died, if she goes to the US, what’s going to convince her to come back to the Philippines”?
It’s a hard way to look at it, I will agree, but hundreds of thousands of TnT Filipinos in the US prove that Filipinos, especially unattached younger Filipinas have an incredibly poor record of returning. Facts of life.
Anyway, what can your friend do now? She should look closely at the provisions in that document I sent you. If she was legally married to a US citizen, she has the right to file for a visa on her own behalf. I believe the time limit is two years from the date of the US citizen spouse’s death, so urge her not to delay. In effect, this is a sort of ‘compassionate widow’s window” that’s written into the law, based on the fact that the vast majority of couples do try to go to the US together, so the State Department allows for the fact the now deceased husband might have been intending to sponsor his wife for a family based visa, but death got in his way.
Since we have exchanged a number of comments already and since this is one of the most often read articles on PhilFAQS, I’m sure there are others who are wondering, as I am, why you and your husband to be are staying here in the Philippines … and also, since it’s one of the number one questions … what do you guys plan to do for an income? Not anyone’s business, really, at all, so feel free not to answer … totally up to you if you want to share or not. Godspeed.
hi Philly
re:post
is civil marriage in the Philippines is recognize in the US? I am filipino marrying an American Citizen
thanks again
Yes.
Hello,
My wife got married in the Philippines in 1998. She came to Canada in 2000. She filed for divorce in 2002. We got married here in Canada in 2005. She filed for a church annulment in Philippines and was granted in 2007. The only missing is a civil annulment in the Philippines. We really wanted to have a church wedding in the Philippines.
Is there any legal implications (Philippines) considering that she’s still married under the Philippine law? We just want to do the Church ceremony. Any comment is appreciated.
Bob
Robert » Hi Bob (love your email addy, BTW, you must have been a really early adopter of GMail
) … thanks for reading and for contributing to the community. Unfortunately, I really have no answer. According to the way the law is written in the Philippines, your wife is still legally married to her first husband. The fact that she got a church annulment seems to indictae that the church does _not_ consider her still married to him.
So, regarding the church wedding, it appears very clear either that you can, or you can’t. Very confusing indeed. You need to talk to a priest regarding this matter, I think. I’m not a Catholic, and I know only enough Cannon (Church) law to know that the Vatican has it’s own “army” of church lawyers and that their rules are much more complex than the average guy/gal might think. Way beyond my area of expertise, to be sure. Godspeed.
Hi Philly,
I was browsing through the web and I’m thankful that I came across your page. I have a question and I hope you can help me. My fiance and I are getting married next year. I was so excited preparing for our catholic church wedding in the Philippines until I found out that divorced people are not allowed to get married in the catholic church. My fiance is a naturalized american citizen born in the Philippines and I am a single filipino citizen. We are both living here in the united states. My fiance was married to a filipino citizen that ended up in a divorce. My question is, will there be any problems if we want to get married in the catholic church and my fiance is a divorced american citizen? I will appreciate your response re this matter. Thank you so much.
Hello, Leina, thanks for stopping by, and for your question. It’s a common one, but one many people never ask … often, I think, because they don’t really want to know the answer.
The Catholic Church doesn’t care about the citizenship of your intend It cares is he was married in a Christian ceremony or not … Roman Catholic or any other church recognized as Christian by the Catholic of Rome.
According to Catholic (Cannon) law, marriage is for life. Many people today, particularly life-long Catholics, just don’t seem to realize how strong the Cghurch’s views still are. The Catholic Church does not recognize divorce. Therefore, if your fiance was married as a Christian, he is still married under Church law, and thus you two can not be married in Catholic Church.
Under Catholic Law the only solution is an annulment for him, if he can qualify under either the Peterine or Paulian Principle.
This has been a huge blow to my wife and I, since we are in the same predicament. Sad.
Talk to your priest. Also, whatever diocese you currently live in has Church lawyers available for counsel … typically priests or nuns with degrees in Church law. It can be mind boggling. Hope your experience is better than mine.. Godspeed.
Thanks for your respond Mr. Phil. I appreciate it. I just want to add some information. My fiance was married in a civil ceremony here in the US. So do we have a chance of getting married in the church? I thought people who cannot remarry are those divorced filipino citizen who are under the Philippine law. Pls correct me if im wrong. Thanks again.
Leina
Apples and Oranges. You are mixing up two separate issues. Slow down and consider the whole issue. You asked me if you and your intended would have a problem marrying in church.
Since his previous marriage was civil and not solemnized by a Christian church, then I think there is no impediment to a church marriage. The Catholic church does not allow divorce from any Christian wedding. Period.
But if a person is not married in a Christian church they are not married in the eyes of the Catholic church. Again Cannon (Church) law and Civil law … the two are completely different, and sometimes even contradict each other.
Your intended if .probably not legal to marry under Philippine civil law. However, what you plan seems perfectly legal under US law. So legally, I see no issue.
If you ever intend to live in the Philippines, I see a significant issue (he needs an annulment), but then again, the Philippines is the capital of bigamy, so cross that bridge when and if you ever come to it. You are governed by US law while in the US, whatever the color of your passport9s).
You probably have no problem in marrying within the Catholic church either, as long as neither party was ever married in a Christian (Roman Catholic or other Christian church) ceremony, because in the eyes of the Roman catholic Church your intended and his former wife never lived under the Sacrament of Christian Marriage … they were never married under Cannon law.
Again, I advise you to talk to your priest. Getting information on issues like this from a lay person, and non-Catholic like me as well, is more or less wasting your time … because it doesn’t matter what I think, it matters only what the Catholic Church thinks. Godspeed.
Dave: We spoke with the local parish priest before marrying (I was divorced twice), and the Church considered my first marriage Christian, as it was performed by a Unitarian minister. We had to visit the Bishop in Tuguegarao (Where the parish for Abulug is located) in order to receive a dispensation and approval to marry. It wasn’t complicated, but it took some time and assurances from the town priest.
You are 100% that religious and civil annulments are two entirely different things.
Dave: On another note, the Bishop was more concerned with the following points:
1. If I chose not to convert, that I would respect Rebecca’s faith and interfere in no way whatsoever with her practice of her faith. (I kept that promise)
2. Any children we were to bear or adopt would be raised Catholic until their age of majority (Which we also kept)
In actuality, the meeting with the Bishop was far more intimidating and involved than any of the legal requirements. As a side note…. The Bishop we met with would immediately see through any attempt to lie our way through his inquiries. If you want to be married in the Church, be prepared to be 100% honest. He was a very nice man, but strictly adhered to Church doctrine.
@ John Miele ==>> Thanks for sharing that, John. Exactly the reason I advise Catholics with that issue to seek guidance from the Church on that issue. In 2005, in Colorado, USA, there was a specific prohibition against the granting such a dispensation. I was told (and given the extensive package of documents) to file a case in Church court, which, again, according to our diocesan authorities, could only be decided at the Vatican.
Other people’s mileage may vary, each bishop is independent in his own diocese, answerable only to the Holy See. Which is why I suggest folks ask the people who matter. What happened to one couple is likely to be different from what happened to another, because there is no such thing as the church speaking with one voice.
hi,
I’m in the US now and want to marry here to become citizen. I am married in the Philippines. I know there is no divorce in the Philippines and the only thing to become single again is to annul our marriage. My question is am I allowed to marry again here in the US even if Im still married in the Philippines. What are the requirements/documents to prepare in order for my marriage here in the US work out? I know, even if I marry here, Im still married with my wife back home.
thanks
carlo
Hello Carlo. I think you know the answer to your question. But if you don’t, seriously, here it is … No. You are not legal to marry two different people, in the USA, in the Philippines, or in most any other Christian country I know of.
However, you used the words “are you able”. The answer to that is, sure. As long as you are ready to swear an oath that you are not married in order to get your marriage license, fill out government forms inaccurately (both false swearing and lying on forms is a felony, by the way) and most of all, ready to stand and swear before God falsely … sure, you are probably able to marry in the US.
Oh, and by the way, you just told the thousands and thousands of people who read this comment over the years that you plan to marry for the purpose of obtaining US citizenship. Sounds a lot like admitting to Immigration fraud (another felony) in pubic to me … but then, I’m no lawyer.
Hi Phil!i was googling for articles and forums, taking chances that i might be able to find a case similar to mine.Fortunately, I landed at this page of which i think i could take refuge and hoping to receive some handful advice on how am i going to solve my problem.Anyway, my story is a bit long and complicated, so i will just going to give you a synopsis of it(I’ll try..).I was petitioned by my employer with an H1B Visa which has a validity of two years.I arrived here in U.S. together with my wife and my son,as my dependents,last July 2011.My wife’s relatives here in U.S. were the ones responsible for the whole Visa Application.My wife and i have no longer been living together for over a year back in the Philippines but we agreed to come to U.S. for practical reason and that is to give our child a better future and go on with our lives separately when the right time comes. But, when we arrived, things didn’t go the way it’s supposed to be accdg to our plan. Her relatives,who helped in making me getting through all the way to U.S. weren’t treating me nicely. They sent me to their family-owned restaurant and forced me to do a dishwashing jobs and didn’t give me the chance to meet my employer. To cut it short, i was left with no other options i could think of during that time in order to emancipate myself from the shackles of her relatives’ tyranny but to leave them behind and that sadly would have to include my wife and son.My wife and son were back in the Philippines now.As of me, I’m somewhere within the 50 states with a very unhealthy immigration status. In this state, where i am now, i met a Filipina who happens to be a U.S. Citizen already. After she heard about my tragic story, she offers to help me with my immigration status.i just wanna ask you Phil if my marriage back in the Philippines has to go through the whole annulment process before i could re-marry here in the U.S.?I came here with a “Married” status with a wife and a kid. Just wanna know also to what extent will that affect the marriage with the Good Samaritan girl i met here that we’re somehow soon planning to realize?Hope to hear from you soon Phil.More Power To You And God Bless!
Hi Philly,
I have a Filipina friend living in UK, she is now citizen in UK and revoke her filipino citizenship. She is married in the Philippines and want to re marry again a Filipino. My questions are:
1) Is there a way to file a divorce in UK about his first marriage in the Philippines?
2) If the divorce is granted, can she marry the filipino again?
3) If the divorce cannot be filed, what is the possible solution to this case?
Thanks.
Dear Phil,
Peace!
I need your comments or advices. I know you aren’t a lawyer upon reading here, but I think it would be great to hear from you about my situation as I do believe you are just nice and great man.
I have an American Fiance in the US. He filed for K-1 petition for me and my kids. And, recently we got our Notice of Approval from USCIS that our petition is approved. In the petition, we included an evidence or document that my previous marriage was terminated thru Presumptive Dead of Spouse. An authenticated copy of Court Order / Finality and my NSO Marriage Contract with annotation that my spouse was presumed dead by Court had been submitted together with the petition.
As a background, my spouse was declared dead by the court before then I met Fiance. I filed the petition to declare him dead since we cannot locate him anymore nor communicating with us. He left me and my kids with financial support or whatever. I do believe he maybe with his mistress now and keep hiding of me and my kids. So I decided to move on after exhausting my energy in looking for him from his friends, families, and relatives. Though it was very painful at that time but I just have to be strong. I just then thought of concentrating with the future of my kids and supporting them in their studies and daily necessities. Thank God everything is getting better and God has really never put me down after — thank God I do have a good job here. So I thought of filing for an annulment of marriage then, so I can totally move on, but my lawyer insisted that it would be difficult since we cannot locate my husband so he advised me that it would be good to file for a presumptive dead because that was the real issue – my husband is likely dead now and up to this time haven’t heard from him. So in 2007, I got the Court Order or Finality declaring my spouse dead. So, in 2008, I then met a very nice and loving American guy, which I must admit I am in love again for he is very loving & kind and especially for accepting me for what I am. Now, I am preparing my documents for upcoming interview at the US embassy together with my kids, would you think the US embassy will grant me Fiancee Visa ? Legally, I think I am free to marry now. But, is this acceptable in the US marriage as well ? I just want to make sure everything is fine or smooth. Have you heard of any case which has same situation like me? Just wanna be confident and truthful enough when I get for interview. Please share and God bless you more and always ! Thank you so much in advance.
Just call me — in His time –
Hi Phil,
I just need to correct my previous post. My husband has left us with NO financial support or whatsoever. I forgot to write the word NO. Thanks… and hope to hear from you the. God bless you.
hi phil
just want to ask.. i am divorce with my japanese ex husband last year and i have all the proof and certificates that i am already divorce.. and now i have an american fiancee and wants me to come to u.s. my question is, am i able to get a k1 visa even i have my passport using the surname of my ex husband? but i have the copy of my divorce cert.. does u.s embassy will grant me a visa even i have a proof that i am divorce.. really need ur response asap.. thank you
mary rose » Hello Mary Rose. Thanks for your comment. I deleted the duplicatibv e ones.
My opinion on this is, a woman’s name has nothing to do with her marital status in the US or the Philippines (not sure about Japan). When you marry, you can keep your name, adopt your husband’s family name, or hyphenate the two (I’m sure there are other options,m but these are the most common.
Once you adopt your husband’s family name, which you apparently did, that becomes your legal name. Getting a divorce does not change you legal name,unless the divorce decree specifically says that you may … most do, but it hasn to be written into the decree.
Regardless, a woman still has the option to use her husbands name unless a court orders her to change it, specifically. Many women with children, for example, keep the ex-husband’s name so their name and the children’s name is the same.
I used to work for a woman who was divorced, but had a nearly un-spellable and unpronounceable famiiy name. She chose to keep her former husband’s name after her divorce just because it was simple and she preferred it … and she didn’t have to change hundreds of company records for her corporation, business cards, phone directories, etc.
So as far as I know, you have no trouble, visa-wise with your ex-husband’s name, so long as it is still your legal name. Again. I am only a layman, I can’t give legal advice.
Hope this helps. Godspeed.
how can my us born boyfriend divorce his filipino wife who still lives in the philippines? My boyfriend currently lives in the united states and is in the military.So what does he need to do to divorce her?
Hi Christina, thanks for being a reader and for posing this question. Your BF should first contact the Legal Services/Legal Affairs/JAG office which serves his military unit. The military legal folks can’t handle personal issues like divorce, but they can advise him of his rights and the resources available to him.
There are 51 different sets of divorce laws in the US … one for each state plus the District of Columbia. There are also special rules in many states for active duty military members. Thus, there is no way to explain requirements in general. Some states require both parties in a divorce to reside in the state, some allow “single party” divorces, some make special exemptions for military members, atbp.
He may have to seek a divorce under the law of the state of his “home of record”, he may be able to use the laws of the state where he is stationed, there may be other options he might be able to use.
I hate to sound like a broken record with this advice, but he has to get competent legal guidance. Divorce, especially for a military member isn’t just getting rid of a partner, it can have long-term financial effects, so the money spent for competent legal advice is money well spent. Doing it the way some lay person, like me, recommends could cause long term issues. Godspeed.
hi phil,can i ask u?i’m a Filipino woman and legally married ,my husband is outside in the Philippines i
committed this kind of adultery thing,i had a child to another man,but i left that man…we didn’t live in one
house…in my husband i have 2 kids but he stop supported them…in time comes can he get his children in
me…what if i didn’t gave my children to him is there legal action of this…and to my fault
commit to him?pleas…sorry if my English is not good..i hope u understand it…
Thanks for writing in and contributing, Rose. I really can’t give you muchof an answer, though. Child custody battles are the toughest prt of any divorce or separation, aand normally even alwayer can’t really tell you what will happen. Only a court can decide. Godspeed.
Hello ,
I’m not annulled or devorce but if I’ll go to the states and American bf we will get married in las Vegas .. Is the American government will accept our marriage and can I stay with him in America
Hello Claire, thanks for writing in and contributing. Your question seems to be, if you marry a US citizen in the US, will the US let you stay?
Not always a simple question. First part that needs larification is, how would you enter the USA … on what type visa?
If you enter on a tourist visa and get married, most likely outcome is the US will require you to leave the US and return to the Philippines to await the approval of an IR (Immediate Relative) visa from your husband. I know in movies you always see the story where the heroine marrys a US guy and gets to stay … but moves aren’t real life and especially in the case of Filipinos, the usual way is, the Filipino citizen has to leave and wait for a visa to be approved. Hate to “rain on your parade” but that is the usual outcome. You see, in the eyes of the INS, coming to the US as atorist and hten marrying during your toursist stay has at least the flavor of immigration fraud. Normally, if they find out you have a BF waiitng in the US, you’ll never get a tourist visa to begin with. Not always fair, but it’s reality.
If you come to the US on a work visa or student visa they apply the rules a little more leniently, but there is still the chance you have to return to the Philippines at the end of your visa.
Under US visa law, the way for an unmarried foreign woman to come to the US to marry is the K-1 Fiancee visa. Couples don’t like to use that visa, it costs more than a tourist visa and takes months to be processed, but it is the only true way.
Any attempt to ‘work around the system’ can be legally dangerous. If, for example, the INS decides you got a visa for the secret purpose of marriage they can, and have with many, declare you guilty of immigration fraud, deport you and also apply a 10 year or even a lifetime ban on you coming to the US on any type visa.
So, the only advice you will get from me is, do the right thing and use the right visa. Godspeed.
Hi Philly ,
Thank you for your reply ,,, I have permanent visa in japan and married to Japanese
So …i got my b2 visa tourist visa and the papers is I’m married .. But before going to the states I’m planning to devorce my husband . Because he is an abusive partner … Ofcourse I’ll have a nice job in japan and I’ll have iterenary ticket both way … So I’m chatting to this guy from US .. We never seen each other .. But I like him .. He likes me too .. He understand what my life in japan .. The question is .. If ever we will get married in US do u think that the immigration will permit me or give me visa to stay … ???
Thank you …
Hello Claire, thanks for writing back and explaining things a bit more. However, nothing you have said changes what I mentioned at the beginning.
Fact One: If you enter the US on a tourist visa and then marry a US cotizen you have the right to petiton the US ICE/INS to “Adjust Your Status” from torursit to temproary permanent resident based upon your marriage to a US citizen.
Fact Two: The INS has the choice of approving your adjustment request and issuing a temporary Green card (can be made permanent after two years married to the same individual). They also have the choice of requiring you to leave the US while your status is adjusted and then re-enter on a visa applied for by your spouse. Over the past 10 years or so that I have been acquainted with this process, they have routinely sent Filipinas “home” rather than letting them stay. Is this discriminatory? Oh you bet it is, but it is the facts of life.
Fact Three: If you enter the USA on a tourist visa with the intention of marriage, (as you have already stated publicly you intend to do a number of time), this may constitute Immigration Fraud. The penalties for this are severe, usually resulting in immediate deportation and a ten year ban on re-entry to the US. There is already a visa fir forigners to enter the US for the purposes of marriage, the K-1 Fiancee Visa.
Fact Four. If you file a case for divorce in japan and the Japanese government grants the divorce, you are leaglly free to marry in either the Japan or the USA, except for one very important caveat:
Fact Five: If you initiate the divorce the government of the Philippines will not recognize the divorce. Period. That is the law and the fact you have permanent residency in Japan changes nothing. Therefore, even if you are able to get into the US and do marry, you may be committing a crime, because you are not legally capable of marriage .. the US will require the Philippines to certify you are free to marry as part of any visa or status adjustment process … they are quite through about this usually, because getting into the US to marry a US citizen and TnT’s entering into sham marriages to attempt to gain US legal permanent residency are one of the most common and high visibility immigration crimes going on today.
I’m truly sorry I can’t give you the answers you want to hear, but I didn’t make these laws, I just try to live under them.
You also should personally consider this … what if you somehow escape all the safeguards, swear that you are free to marry when you are not, and then get married. Does your integrity mean anything to you personally, or are you only looking for ways ‘around the system”? One definition of integrity I like is, “doing the right thing even if no one will know if you do wrong.” Personally, I think starting a marriage based on a lie is not a firm foundation .. others may feel differently.
One possible thing you should consider … is there any possibility you can get you Japanese husband to file the divorce? If he files the divorce, then under the laws of the Philippines, the divorce will be recognized and you can file a simple court case here to have the NSO legally change your status from “Married” to “Unmarried”. Makes the possibility of a visa in the future infinitely easier (no annulment case in the Philippines needed). Something to consider, perhaps.
Thanks Philly ,
So if ever we will apply for adjustment of status and they told me to go back to my country … That’s ok with .. Do you think how long will I have to wait for this AOS … Can I use my tourist visa to go out and visit my soon husband while waiting for my AOS
Claire, Claire, Claire … have you actually read what I have been writing? It seems to me you are reading just some of the words you wnat to hear and not actually what I wrote. If you use your tourist visa to come to the US and marry and apply for an Adjustment of Status, you might get toss out and banned for the crime of immigration fraud. Apparently you have completely ignored this fact even though I have mentioned it a number of times already. I guess you figure since you have a tourist visa, you are going to use it illegally come hell or high water just because you have it …and screw the rest of the people who do follow the law. *sigh*
Second, let’s assume you marry, the INS does not decide to declare immigration fraud and then they do approve your Adjustment of Status application. You will no longer have an tourist visa! You can’t keep two or three different statuses. If you apply for AoS and they let you stay in the US (again, a very rare thing for a Filipino) then you are in the US period. You want to o out of the US? Then you have to apply for a “parole” from the INS, and you have to somehow convince tem that you are not doing what you seem to be trying to do … come and go at leisure. It’s essentially one or the other, ma’am.
if they accept your AoS and tell you to return top the Philippines until your AoS is approved (the likely outcome), then you do not come back to the US until your husband can sponsor you with a spousal visa. You will no longer have a tourist visa. You can not be a tourist and an Immediate Relative immigrant at the same time. You have to make a choice.
I notice you seem to have completely ignored this comment from my last response to you:
Did you ignore it intentionally? You ask and ask and ask of me, which is fine, but now I ask of you … your response please?
I am a dual citizen (Fil/Am Citizen). Do I still need to possess Legal Capacity to Contract Marriage if I marry my fiance in the Philippines. Or Just my CENOMAR (Certificate of No Marriage)
No reason to worry about the regulations regarding foreigners when you are already a Philippine Citizen, Chris. The whole purpose of the Affidavit of Legal Capacity is to substitute for the CENOMAR, which foreigners, of course, can not receive. As a Filipino (original or reacquired) you should only need a CENOMAR. Godspeed.
hi Philly! I am having a problem with my father regarding his not fair treatment to us, her daughters. I want to fight for my rights as the legitimate child since my father is still married to my mother in the Philippines and his current so called wife now here in US is still a married Filipina too in the Philippines. No one filled for annulment in both party but both of them got a divorce here in US and remarried. Is there marriage here legal or is it null and void? Because I wanna take a legal action in the near future. Thanks!
NR, thanks for writing in. I’m very sorry, though, I don’t think I can be of much help. You absolutely need a lawyer, I can’t really answer your questions.
It would appear that both your fatther and his current wife are on shakey legal ground. When they married in the US, they were required to swear or affirm that they were free to marry. Apparently, they did so falsely, becuase a marrige in the Philippines is indeed a marrige in the US and vice-versa. The Philippines recognizes US marriages and the US recognizes Philippine marriages.
But what you can do about it, from the Philipine end? beats me. It’s going to be pretty hard to get a court that has jurisdiction over them to do anyhting. Bigamy is just not a crime that prosecuroitrs go out of their way to prosecute.
And here’s the most important question … why would you do this? If your father has not properly supported his children, shame on him. I’m deeply ashamed of how many American fathers have failed to look after their children, no reason to suppose a Filipino wouldn’t get “Americanized” and follow a bad example.
But what purpose would it serve to get him in trouble over this apparent bigamy thing? The possible crime of bigamy and the crime of neglect of his children have no direct connection under the law. Unless you are just lashing out because you feel badly treated (and I can certainly understand that), it seems to me you are focusing on the wrong target. Suppose you could even convince a court in the US to nullify his current marriage, and even fine or jail him for the crime of bigamy. How would your situation, and your siblings situation be made any better? I fail to follow the logic.
Now one thing you might want to think about is the most powerful influence over any Filipino … “hiyah”. Do you have any relatives with influence over your father? especially one’s in the states? How about your lolo or lola? (his mother or father)? Do you know where he works? What abut a well-written appeal to his employer, letting the employer know that this man is just not living up to his responsibilities? If you take that route, make sure you make reasonable demands … people are not rich just because they are living/working in the US … but reasonable child support is any father’s reprehensibility.
It is possible there are US state agencies that could help, but again,without knowing where he’s living or his circumstances, I can’t say anything for certain. As a first step, consider getting a court here in the Philippines to issue an order that he support his children and then have that served on him ion the US and served upon his employer, landlord … anyone who might cause him to feel enough shame to recognize his responsibilities. Is he a religious man? Write a letter to his parish priest.
Hope some of these ideas can help. remember to keep your eye upon the prize and don’t spend your own life in bitterness seeking retribution … it shortens your life, poisons your soul and seldom leads anywhere. Godspeed.
i got my certificate of finality (for annulment) last dec. 2010 and have only processed it a few months after until finally i received from NSO a copy of my marriage contract with the notation on it that it is now declared null and void as per judicial decision. will i be able to apply for a certificate of singleness now? if so, will such certificate indicate i am back to single status? i have read that CENOMAR and certificate of singleness are one and the same. thank you so much. i find your page very informative.
Hi Merlyn, thanks for contributing and for the kind words. However, I’m afraid you give me much more credit than I deserve, I have no idea as to the inner workings of the NSO. So far as I know, the “Certificate of Singless” and the CENOMAR are indeed the same thing, but I have no direct knowledge of that fact.
You know what the cheapest and fastest thing to do would be … instead of searching for answers from people who might or might not know? Simply apply for a CENOMAR, you can do it online for a few hundred pesos, and get it delivered to your door. If it comes through, kewl, you have it, if you don’t, the NSO will inform you whay they can’t issue one. That’s what I would do, anyway … go to the source.
Hi Philly – my fiance is Musoim and has now had her divorce completed in Davao, and the papers have all bee submitted to NSO in Manila. Do you have any idea how long the NSO take to process this paperwork so that she can now get an anotated CENOMAR – no CENOMAR no wedding!
Paul
Hi Paul. Indeed there is divorce in the Philippines … as long as you go through the Sharia (Islamic Law) court system.
A relative got a Sharia divorce several years ago. I believe she got a CENOMAR not long after, but I have no idea hpw long it took for the NSO to do “their thing”. Here’s the NSO info page on processing with a direct email for inquiries. Ask them direct, doesn’t cost anything to ask. http://www.census.gov.ph/data/civilreg/civapfaq.html#nomarriage
my Filipino husband was married before to US citizen, their marriage in US was not registered in NSO. his divorced paper granted dec2010. unfortunately Phil, we got married in Philipppines june 2010. we were able to marry because his marriage was not registered in NSO. can my husband petition me as a spouse with this situation? thanks
Hi Mira, thanks for reading and for contributing here. However, I really have no idea how to answer your question. I think you are trying to ask if you think the US Embassy will find out about the previous marriage of your husband .. or or what, I’m not really sure what the question truly is.
Your husband was married in the US and then divorced in the US. This makes him legal to marry you under US law, certainly, which he did.
Now, I think the uncertainty comes from the fact that technically, under Philippine law, his first marriage _would_ have been recognized, and, as a Filipino citizen his US divorce would _not_ have been recognized by the Philippines, so technically, under Philippine law, he might not have been free to marry. Truly, I do not know. Is there a problem with him petitioning you to the US as his spouse because of that “ghost” first marriage and divorce?
My personal opinion is that legally there could be, but in practicality there may not be. Not very definitive.
What would I do, if it were me? I’d pay decent lawyer for his or her advice _BEFORE_ I filed a visa petition. Someone like Atty Michael Gurfinkel who actually knows the issues surrounding Philippine marriages coupled with US immigration laws. http://www.gurfinkel.com/
Most people tell me they can’t afford an attorney, but I say you can’t afford not to. Godspeed.
Hello! I am a filipina who is now an American Citizen. I was married in the Philippines back in 1985 to a U.S Citizen, I obtain my American citizenship back in 1990 and we got divorced in 1993. I got married again back in 1999 to a Filipino here in USA, in 2000 my husband went back to the Philippines and married another woman even though we never obtain a divorce and we are still living together here in USA and married. He got his U.S citizen couple years back, did he commit fraud and Bigamy? what can I do to him and this girl? He just recently went back to the Philippines and they had lived together there the whole time he was there. My own daugther say so…
Hi Zen,
Thanks for contributing here. Your story makes me sad. I really never realized how many people there are who just ignore the rules of good behavior, honesty and even the law regarding marriage. Apparently, some people’s honor and integrity is really only skin deep.
However, I also am amazed at the number of people who write me asking what they can do .. with the meaning of “how to perpetrate vengeance” on a former partner who sinned, lied, dishonored etc.
Frankly, I have no idea ‘what you can do” this apparently very low-life fellow and his “loose-living” partner.
I really have learned a lot about the Filipino psyche in my five years of living here, that’s for sure. Vengeance. Hurt them as they hurt you. “My life is ruined, so I will see that their is ruined too.” … on and on it goes. “I’m going to “get” that person. What, so and so got elected? His granddad insulted my granddad, so I’m going to murder him for the “sin” of winning an election. It’s downright creepy to me sometimes. All this bottled up anger and animosity hidden behind a lot of smiling faces. It’s counter productive and life shortening.
If you really want to pursue something, see a lawyer. I have no idea what you can “do” to this couple legally. Will whatever you “do” to them actually make your life any better? Only you can answer that. And if you believe in it, read Romans 12:19 and then think of things that can make your life better from today onward, rather than dwelling on things that happened and that you can’t change. Godspeed.
Hi
I am Australian and i am about to marry a Filipino, after the marrage can she still aquire land and property or does she loose that right(is she classed as an Australian)? I understand the fact that I myself cannot aquire land however I would like to purchase land and start a business in her name so we have a income.
Cheers
Dean
Hi dean, Good day, mate.
Your Filipina’s wife’s status and citizenship do not change at all when you two marry. Marrying an Australian citizen does not make her an Australian citizen, she still holds unrestricted rights to own property in the Philippines.
And while you can not own land, as you already know, be aware you do have rights of survivorship to any land you two purchase during your marriage. You can (and usually should, in my personal opinion) have your name placed on the title. In the event she predeceases you, you still have the husband’s ownership rights to the property for life, regardless of the fact you are not a Philippine citizen.
Hope this helps, and best of luck to you both.
Hi Philly,
Hello there.
Im a filipina i have a boyfriend he is a US citizen. This time my boyfriend filed me a Fiancee visa and its on processed now 5 month already. Im waiting for the response and the letter for appointment too soon. He bought me a round trip already for my ticket going to the US.
My Boyfriend is decided to have wedding here next year after my fiancee visa approved and released. My question is. > Is it okay we can have a wedding here on the philippines and then im going to the US with my Fiancee visa? and my boyfriend bought me a ticket already .
Thanks i really need your opinion regarding on it. and I want everything is okay and legal.
Hope to hear you soon. I read your article here its interesting .
God speed
hI pHILLY!
My sister has a big problem and is in a mess… She came to the US via K1 visa and married her fiance in California, USA. She currently has a conditional green already for less than a year I think. she has been complaining that her husband is impotent because the marriage is not consummated. They tried making love but would later call us (her family) that her husband is unable to make love to her although they tried. Now, she went home to the Philippines for a brief visit and she claimed she met with her friends and accidentally met her former boyfriend. I dont know what transpired but she ended up marrying him in the Philippines impulsively, I guess from her frustration on her marriage but she does claim she loves her American husband. However her quick trip to the Philippines made her to commit a mistake of impulsively marrying her ex boyfriend and they did had a civil ceremony , a quick one since her marriage in the US was not yet registered in the Philippine Consulate, thus she has no marriage records in the Philippines… She is now back in the USA and of course she kept it a secret that she also married in the Phlippines while she was away. Now, is this considered Fraud that will risk her status as conditional permanent resident of the US ? Would she be deported if the USCIS finds out? Now, would this stil be considered “fraud” or not since she married the american first .. and just married her boyfriend in the Philipines after marrying the amercian hubby… and in my opinion the second marriage is null and void but does not constitute Fraud in the US since she married her amercan husband first?
Hello sHEY. Wow, another story for my book, eh? Thanks for visiting and for contributing. Well, here’s a few of my thoughts on this. I’ll repost your comment with my thoughts put in there they fit.
Well, under both country’s laws, this is grounds to ask for her US marriage to be annulled. Note that, unlike so many of these stories I receive, Grounds for nullifying a marriage do not make a marriage null. Only a court, in either country, can do that. If she wants to return to the US (assuming she can), she can file for an annulment in the US and she should be able to keep her green card status, as the US INS rule is, normally, if the marriage ends through divorce, death or annulment the K-1 entrant can apply for a waiver to stay in the US. She fulfilled all her original K-1 entry requirements.
Again, though, calling family members and complaining doesn’t constitute an annulment. She really should see a US lawyer if she comes back to the US and wants to stay in the US.
Now, of course, we get to the tricky part.
Well, not much I can say here. Marry in haste, repent at leisure I guess. According to Philippine law, she was not legally capable of marriage. The fact that she had not recorded her US marriage in the Philippines does not make her legal, it merely makes her a liar … she knew she was illegal but did the deed anyway.
Legally I believe this marriage can be annulled under Philippine law as null and void abitio (from the beginning0 since she committed fraud and was not legally capable of marriage.
However, again, even if I am right in my interpretation, only a Philippine court can make this determination.
But, in a sad and backwards way I guess it offers her a route out of her second, legally flawed marriage. She needs a Philippine bar admitted lawyer. Period.
Well it isn’t just considered fraud, it is fraud. I know the answer you want to hear so I am going to tell you what you probably want to hear. The chance of the INS finding out is slim.
But to get her permanent green card she is going to have to swear, in writing on a US document (false swearing to the Federal government is a federal offense punishable by prison .. ask Martha Stewart, that’s what she went to jail for).
She is also going to have to go before a US Immigration Officer and convince said officer that she and he US husband are living together as man and wife in a legal marriage. Can she lie her way through that?
I guess so, but sincerely, when I write about people doing stunts like this I feel I have to get up and wash my hands … makes me feel dirty.
What she might be able to get away with is one thing, what an honest woman of integrity ought to do is yet again another.
Well that may be your opinion, and you are certainly as entitled to your opinion as I am, but in my opinion you are dead, dead wrong. A lie is a lie, a fraud is a fraud, regardless is someone got away with it or not, Getting away with it seems to be the tone of the question here. It’s sad.
You know what else is missing here? I don’t here one shred of concern or consideration for the American man her who went to considerable expense and effort to bring your sister to the US. Marring for the purpose of a Green Card and staying in a sham marriage for a Green card is no less prostitution than a bar girl having sex in a back room on Fields Avenue for P1000. In fact, the bar girl has more honor, because she is a whore, but isn’t lying about what she’s doing. In my opinion, of course.
A husband certainly has a duty to consummate a marriage. But the reasons this one is unconsummated could be anything from a physical ailment through a psychological disorder to drug addiction to the guy being secretly gay to any number of other reasons including that the guy might just be mean and nasty.
I also have to question how you are so sure that that the husband has not performed. There are already a bushel basket full of lies here, are you certain the “he can’t perform’ statement is true among everything else that is going on? Perhaps the guy has performed but she just doesn’t care for the performance. Ever think of that, in all honesty?
It doesn’t matter. She made promises to him. She took his money. She entered into the holy sacrament of marriage (even civil ceremonies are done under God’s law, you know). She has lied and apparently continues to lie to him. She cuckolds him. She has legal remedies, but instead lies, because it’s more convenient. Apparently the “almighty green card” is worth much more to her than her honor.
As a Philippine citizen she owes the Philippines respect and obedience to Philippine law. She certainly blatantly broke that trust.
When she applied for her US Green Card, she swore to uphold the laws of the USA. How do you feel she is doing with that trust that the US placed in her?
Based solely on what you are saying she has violated the trust of all … and your question seems to be, “can she get away with it”?
At the very base of all this lies the fact no woman can legally be married to more than one husband. She needs to decide which marriage she wants to honor and take steps to get out of the other marriage. LEGALLY. Or, to get out of both marriages (she always has that option).
Best of luck and Godspeed to you both. If you will excuse me, I have to go wash my hands ….
Hello Mr. Phil,
First of all, this is a great site of yours that helps a lot of people needing advice like me.
Here’s the story of my life
I went in Kuwait year 2002 as a single person. I met a man who is Filipino citizen with a Kuwait valid residency. I got pregnant and decided to get married under Kuwait Muslim law. After more than a year, he filed for a divorce. In short, they granted us a valid divorce decree[in Kuwait], which I am currently in my hands.During our [Kuwait] marriage, we never file/ recorded in Philippine Embassy abroad nor in NSO our status as “married”.
After 6 years, I met a US Citizen and later filed a K-1 or Fiance Visa last late 2010.USCIS has asked RFE [Request for Evidence] for our divorce decree signed by a judge. So me & fiance complied with the RFE. After that, we were approved and provided a case# and forwarded to US Embassy – Manila. In my documents (NBI / Cenomar) I am still “SINGLE’. So in short, my US interview will be next week, will this be accepted under US Embassy, although its little complicated with regards of my civil status? What should I do? Please help.
Thanks so much!
Gee
Hello Gee,
Strange to say I get a lot of these sort of questions. The answer always seems to be sort of, “It’s up to you.” Some facts as I see them..
1. Your previous marriage was a marriage. You certainly considered it one.
2. Your Sharia Law divorce was also legal. It would even have been recognized (and recorded ny the NSO) had you chosen to comply with the duties of a Philippine citizen and reported it.
But, you didn’t, and that’s now all water under the bridge, diba? Your NSO record say you are unmarried, you legally are unmarried, and there is more to life than reporting requirements and paper work.
Now, as to your presnt question. Month ago when your new fiance filed the petion of your K-1 visa, you filled up a G-325A, Biographic Information form. Remember?
Among other instructions on that form is this warning, in pretty large letters:
There is also a place where you are required to list your current or previous spouse(s), and all previous marriages, date and place of termination of these marriage(s), etc.
So am I to assume that you filled up this form, the foundation for your visa to enter the US and your future life in the US honestly? If you did, I see no problem at all in your interview.
From ypur question, though, I get the idea that maybe you didn’t fill up this form honestly. I don’t know, and if, by chance you didn’t disclose what you are required to disclose, better not report it online to tens of thousands of people who migt read this.
So far as you have told me, I don’t see the complication you are taking about. You were single, got married and then got a legal dicorce … which you say you have proof of. Youtr Philippine Civil status now is “single”, and this seems to me to be correct. So are you good to go for your interview? I would say you are. Godspeed.
Hello Mr. Phil,
Thank you for your advise. Yes, when I filled up my g-325, I mentioned that who I was married to, when it was terminated. I honestly told the truth. I am not hiding of anything.
Thank you very much of your valuable advise.
Very Respectfully,
Gee
OK then, great. Something about your original question left me with the impression you were kind of ‘afraid they would find out”. Sorry I interpreted things that way, my error.
I feel you should have no problems, then. If it was on the G-325, they have already checked things out and found them to their satisfaction.
Something to think about in the interview process (and any other readers should consider this too). If you get an appointment for an interview, you are at least 90% “good to go”. Everyone (understandably) worries and worries about that interview (which is understandable, we’re all human), but they don’t take the time to set appointments for people for the purpose of “saying no”.
Just be yourself and relax as much as you can, you are at the interview because the Consular Officer _wants_ to say yes.
hi i got married on 2001 but got no record in NSO up to now. We also looked at the local registry where we got married but also no record to be found. Does that mean our is marriage null and void? We are now separated.
Hi Michael. Thanks for writing in and for posing yet another version of the most common question I seem to get.
Let me pose one back to you. If a tree falls in the forest, and no one is around to hear, is there a sound?
People can argue about that one for years, but the fact remains that a falling tree almost assuredly makes a noise, and a “sound” is a physical disturbance of air molecules that _would_ register on the eardrums of an observer, had their been an observer … so under normal laws of physics, there certainly was “A sound”.
In your case there was a marriage, you said so, so there obviously was one, even though the NSO and the Registrar seem to have not recorded it. In otherwods, perhaps no one heard you say “I do”. But you said it, it happened. So there was, indeed a marriage.
Under Philippine law there are a number of reasons a marriage can be declared null or void. Have you read them? I ask people to do this frequently but few do. Please look at them and tell me what reason you think would automatically nullify your marriage? Here’s one good source:
http://www.bcphilippineslawyers.com/the-family-code-of-the-philippines/
No matter what grounds you may feel there might be for the nullification of the marriage, remember there is no law that annuls or voids a marriage automatically. Only a judge in a court of law can annul, void or nullify a marriage. Godspeed.
Hi Philly,
Please help me with my problem.
I am married to a Filipino citizen but have been separated since 2004. Our annulment is still in process. It was filed 3 years ago. Unfortunately so many delays at the court due to their oftentimes postponing the schedules every hearing. Presentation of Expert will yet be this coming Nov. 25. My husband is with his new family. They had been living together since we separated. We have one daughter who is 17 yo and her father had not been supporting her with her studies since she got into college.
I will be going to the US this coming January. My American boyfriend wants that we get married as soon as I get there in the US.
Is that possible that we get married there? I am still using my husband’s surname on my Viistor Visa.
Please advise me what to do. Is it alright that me and my boyfriend get married in January in US?
Please help me. I am so bothered.
Thank you very much.
God bless.
Maria
Hello, Maria,
Thanks fir writing in, however I really don’t know much that I can do to help.
You are taking the correct step in pursuing your annulment. Sorry the process takes as long as it does. It’s a shame Filipinos al;most take pride in having the most antiquated and anti-citizen laws on divorce and annulment on the planet. I’m a guest here, I can only assume this is what Filipinos like … there is certainly no protest movement or organization trying to change anything. Hundreds os thousands of Filipino citizens are adversely affected, but it seems OK to them.
Now regarding you coming trip to the US. What visa will you be travelling on?
This is what happens when a foreigner marries a US citizen in the USA (except when on a Fiancee’ visa, which you clearly can’t hold, since you are married already).
The new spouse applies to the INS for a change of status to permanent resident based on his/her marriage to a US citizen.
The INS will do one of two things, at their discretion only.
Grant temporary residency based on the marriage
or
Tell the applicant to return to his/her own country and tell the US citizen spouse to petition his new spouse with a spousal visa.
Want to guess which action they almost always take with Filipino brides?
Yep. leave th US immediately. Frankly, I can’ t blame them. There are hundred of thousands of illegal Filipinos in the USA (TnT’s) already. I love my Filipino spouse and extended family, but frankly I am sick to my stomach at the number of Filipinos who just seem to feel that getting into the USA, at any cost, defying any law or telling any lie is morally OK. My wife and I did it legally, I think others should to. Sorry for the rant, but it is the advice you are going to get here.
Now, suppose you come to the US, marry him, return to the Philippines and he applies for a US spousal visa for you? What’s the first thing you think the US Embassy and the INS are going to look for?
Evidence that the marriage that the visa petition is based on is legal.
Do you think marrying someone else while you are still married to your current husband is legal? Frankly, I don’t.
And neither does the law. In fact, in the Philippines and in most US states bigamy is a crime. What you are proposing to do is also immigration fraud, a serious federal offence.
“But what if no one finds out”, you say? Well, what if they don’t?
I don’t know. Do you want to start your new life living a lie, and also drawing your new partner into criminal activities (bigamy, immigration fraud, filing false federal documents, etc.)?
Do as you wish, me, I follow the law and I advise others to do so also.
Hi phil,
I have a Filipino boyfriend who got married in the Philippines. He and his (ex) wife migrated to Australia and apparently granted a citizenship. They filed their divorced there and granted this year. And now my question, is their divorce accepted in the Philippines law? Is is automatic void or do they need to file an annulment in the Phils? Because we are planning to get married and I would like to know what are the things we should do before we prepare the wedding. Thank you and I trust you to answer me back.
Cole
According to the information I have received, a Philippine court must issue an order nullifying the marriage here in the Philippines, based upon the Australian divorce. Nothing is automatic, sorry.
Hi
I really enjoy to reading all the topics about here so since all the topics same my little bit problem
I might to need your advice for me coz i am so much confused already，im working innhongkong as domestic helper，i have a difficukties relationship to my exspouse so it hard to do thise but inbphilippine dosent allow divorce they allow annullment，annulment it cuase alot of money and takes longbtime to wait
So mei decided to file divorce here at hongkong so hongkong goverment approve my divorce means i got final decree from nisi ，when i ask to the philippine consulate if i can change my name or status they nsaid not allow unless i got anuulment ，since i got dvorce i want t used thise going to UK as fiance i got my fiance from UK citizen he want me to petiton as fiance， my problem is i still have my narried name in my travel document means passport i dont have idea if they will allw me ti entry as faince with that passport ，any idea about those problem please help
@ Marizasoroten:
Thanks for writing in, but I am only one man, and I don’t gte paid to do this. I already answered this comment, in depth. Writing in numerous times with the same question only makes it take a lot longer to get around to the questions. When i see the exact same question over and over again it is disheartening. I’m dancing as fast as i can folks, PLEASE cut me some slack here, OK?
helo sir
Good day!I would like to ask help from you..
My bf is a black man and a Canadian citizen,he is married to a filipina before we met. They got married last 2008.He was then sponsored his Filipina wife after 3 months of being married. Unfortunately,when the wife was in Canada she then disappeared after a month and left my bf without any reason.
My bf tried his best to look for her but he did not see his wife til now they don’t have any communication. Now I and my bf are planning to get married but I know he is still legally married to his wife. My bf came here in the Philippines early this year and he promised me that we would have our wedding as soon as he fix everything,
I would like to ask you what can we do to for us to get married here in the Philipines?. If he has his divorcement papers from Canada, can we then get married here in the Philippines even his first married was here in the Philippines?What does he needs for him to marry me?Please help me. I love him and I want to be with him in soon.His filing for a divorce now but the problem is that the ex is still invisible.Can he still continue to file without the presence of his ex.
Thanks in advance.,Looking forward to receiving a reply from you..
Your advise and help would give me more strength and enlighten my mind.
More power and GOD BLESS,THANK YOU VERY MUCH!
Respectfully yours,
judy
Hello Judy, thanks for reading and contibuting.
If your BF is a Canadian citizen the laws of Canada control his marital status. I don’t know if he can get a divorce from his present wife in Canada without her cooperation, but if he can get a divorce decree from Canada he is free to marry you, no problem there or here in the Philippines.
Hey, just wondering, why would it be importnat to me to know your intended’s race/skin color? I puzzled over that for a few minutes, I have to say. Godspeed.
helo sir phili
good day!
thanks for your reply. I am a bit relieved. so it means once he gets a divorce there in canada that papers can be used here in the philippines as a proof that he is single again?
another question pls?aside from that,does he have to file other papers here in the philipines.?.how about in the NSO, how can we change his marital status knowing that he has his first marriage..
thank you very much more power to you..Godbless!
judy
helo Phil,
How are you?its been a quiet long time..Phil my bf has already sent me his divorce certificate he was the one who filed the divorce,i just wana ask you once he has that certificate,is it automatically forwarded that to the NSO since he got married here in the philippines?Do we need to seek legal advise from the NSO to change his status?once we get married does it still appear his first marriage?I am so confused pls help me….what action would we do next after having this certifate..Pls phil help us,he is coming over here in the philippines in december and we are planning to get married in january…
Thanks in Advance!
GODBLESS YOU
Hello Phil
Hello Phil i just wana ask if i can get fiance visa going to japan ?even if im still married?
Thank you
Jhona, thanks for commenting. I have no idea what you are really asking, though. You want a Japanese fiancee’ visa? You want a US fiancee’ visa while living in Japan? What nationality are you? What nationality is your future husband, etc., etc. I can’t possibly answer questions in the dark, I lost my crystal ball years ago.
But let me address one thing you said. “Even if I am still married”. I don’t want to act “suplado” or criticize those who are doing well in a second or this language … my own Filipino skills are so sadly limited, but please, think this through. Bigamy is illegal in the US, in the Philippines and in Japan as well. How can you be a “Fiancee” if you are still married? It just won’t work, sorry.
hi Mr. Phil…
this is what happened… my husband went to the US and filed a divorce from Illinois so he can marry an american citizen there. I signed the papers. My lawyer friend said that the papers i signed is not valid here in the Phils. question is, can our marriage be void here in the phils? his new wife and i are now carrying his surname… i also want to remarry someday….
anna
Hi Anna, thanks for writing in. Not sure what to say, though. So many things left unsaid in your story. Was your husband a Philippine citizen when he filed the divorce? If so, your lawyer is certainly right. The Philippines does not recognize divorces filed by Philippine citizens … in the USA or anywhere else.
So it is likely that your ex-husband is legally married in the USA, but it’s also very likely he is still married to you under Philippine law. Does this sound wierd? And also very discriminatory?
Yep, it sure does to me .. but I’m a guest in this country. I have no vote. You do. This same situation happens to thousands upon thousands of Philippine citizens year in and year out, yet no Filipino seems to care enough to even start a movement, make formal protests, seek help from their elected officials, etc. All the things people are supposed to be able to do under a democratic form of government. Instead, people get voted into office, again and again,based on their family name, who their mother or father was, or even what color shirt they wear.
What can I say? Not much, I’m not allowed to. Welcome o the Philippines. What does your lawyer recommend you do?
Hi Phil,
I’ve read this similar problems on top but i need further clarification.
I once got a whirlwind romance in the PI got married and after 2 mos we went separate ways. He told me our marriage was not real and not recorded so i live my life as a single lady again.
I went to US have had several BF until i found the one. We got married and on the process of processing our papers i found out i have a marriage record in PI. It already in NSO so i have no choice but have the marriage record annuled..the man i so called married before was no where to be found so i was granted an annulment in just a few months. My problem now is the date of my marriage to my American husband is May and the finality order came Aug. Do we need to remarry to have a legal marriage cert to present to USCIS when i change my status?
This is a common question and one I really have no good answer to. The safe, stock answer would be, contact an attorney who actually knows US Immigration law.
That being said, is it really necessary? I don’t know. You are now 100% legal, and, unlike a lot of folks I hear from, you are not trying to “cut any corners” or “game the system”. But you do have that date mismatch. You technically “jumped the gun”.
Personally I’d be inclined to just press on with the Change of Status and leave it up to the USCIS to raise an issue, if, indeed, they ever will.
My reasoning on that is, you can not undo what’s done. Your US marriage took place when it took place. You can’t legally marry anyone, including your present husband, “again”, unless the first marriage is legally dissolved. Get a divorce and then remarry just to make the dates fall inside the proper envelope? I certainly wouldn’t mess with that.
What does concern me though is why it’s already November and you still haven’t applied for your change of status? Aren’t already out of status then? Unless I am misreading your message, you are worrying about a trivia item and ignoring the big picture. Change of Status seems to take forever anyway, nothing to be gained by delaying things. Godspeed.
hi there i just want to ask .. my husband and i got married in the phil. 2007 were both filipino citizen by that time and now im already in US and he is already a us citizen unfortunately he is facing a case against him, and i want to divorce him.. and just want to ask if ever i want to marry again in the phil am i allowed to do so or not since i will file the divorce… thank you and hoping for your response
Aizza, thanks for writing in. According to what I read from your question, though, it appears you are still a citizen of the Philippines, correct (you are a permanent resident of the UD+SA but you never have become a US citizen, right?). As a citizen of the Philippines you still fall totally under the laws of the Philippines regarding marriage in the Philippines.
You are free to pursue a divorce in California, which, if granted will be valid in all the 50 US states, but that divorce will not be recognized under the laws of the Philippines and you will still be legally married to your current spouse.
The only solution for a Filipino in your situation is a legal annulment filed and granted under the laws of the Republic of the Philippines. Sorry to be the bearer of bad news, but that’s my lay interpretation of the law of the Republic of the Philippines. Godspeed.
My wife filed a divorce in california from our marriage in order for her to get married to a US citizen. Her Lawyer sent me summons here in the phillipines and I sent it back to them after signing. My problem is that my wife did not gave me a certified copy of that divorce decree which I needed very much for filing our annulment here in the Phillipines. My lawyers asks me that copy for a legal documentary support for our marriage to be null and void quickly.
Can I ask a copy from the Court of LA? Do you have any Idea to whom I will approach? I want it to be send here in the phillipines how much it will cost?
hi phil,
I just want to ask about my situation. My husband and I got married in the Philippines 2 years ago. We both went here in the US with B1/B2 visas. But things didn’t went well in our relationship and we ended up not living together. He is now out of status and so am I.
I now have a boyfriend here in US, he is a US citizen. We are planning to get married but i don’t know if we can since I’m still married with my Filipino husband. My question is, can I file a divorce here in the US? Can it be done since both of us are out of status?
Hi Jenny, thanks for being a reader and for writing in. I’m afraid I haven’t got much good news for you. The good news I do have is, there is probably no reason you or your current husband can’t file for a divorce in the US. If granted it’s legal in all 50 states … but it will never be recognized by the Philippines because you are both Philippine citizens. So as long as you don’t mind being bigamists and risking other legal consequences in the Philippines, once divorced in the US you are free to marry in the US.
I get many questions like this and apparently the moral and religious questions don’t seem to matter to many people. So be it. I couldn’t begin to imagine marrying based on a lie, but apparently it’s considered the norm these days.
But the bad news is …your status. You risk being scooped up by the USCIS/INS every day of your life. You are in the US illegally and so is your intended. You want to start a life like that? Right now, because of the bed economy in the US and also, in my personal opinion, a lot of repressed racism, the US is in a real “hunt down” mode for illegal aliens. Many US states have passed their own laws even more restrictive than federal laws. For all I know, when you go to file for a divorce or later go to file for a marriage license, you might be asked to show proof of status … certainly wouldn’t surprise me.
Getting married is the LAST thing you should be thinking about. Let me put this straight to both you and your also TnT husband.
I am a foreigner living in your country, the Philippines. I follow the laws of the Philippines scrupulously regarding immigration polices. Why shouldn’t I, I am a guest here and it’s not only my legal responsibility but, much more importantly, my moral responsibility .. my integrity is the single most important thing I posses.
You are a foreigner in my country. You have chosen to flout the law .. because it’s “convenient”. I’m sure what I have to say means little to you, but you brought it out on the open. I don’t like it. I feel you are intentionally disrespecting me and my fellow Americans. My Filipina wife and I, for example, waited almost 6 years and went to some significant expense to insure that she and I were both legal in either country. Was it convenient? Hell no. Was it morally right? You bet.
What makes you so special?
Hi.
The husband is American citizen by birth. The wife is Philippines citizen by birth.
The husband serves in US military.
They got married in the Philippines.
The husband lives in the US. The wife lives in the Philippines and never been to the US.
They got married March 2011. They do not own property together nor lived together. But they do have one child together.
Does Philippines have the Jurisdiction?
Since Divorce does not exists in Philippines, how does the husband file for a divorce?
The wife is contesting the divorce.
Without wife’s consent, how can the husband get annulment in the Phillipines, and recognized as diovrced in the US? What are the steps to take?
Hello Japinha, thanks for writing in with an interesting question. And thanks for laying the issues out so clearly. So many times I get questions like this where the actual underlying facts have to be “mined” out, one at a time, laboriously.
Now here’s my answers to the points you raise … remember I am NOT an attorney, these are my lay opinions only:
The Philippines has jurisdiction over marriages, legal separations and divorces that involve Philippine citizens and so far as those marital legal issues occur within the Philippines. So while the couple remains in the Philippines, yes, the government of the Philippines retains legal jurisdiction over both parties, except as I note below.
The husband, as an American citizen, can file for divorce within the United States. Remember, there are at least 51 different “divorce laws” in the USA, as divorce there is a matter for each state and the District of Columbia. Therefore, I can’t say what state might allow divorces between one or both parties when they are not domiciled in that sate … but I believe some do,
Secondly, as the husband is active duty US military, many states have provisions for servicemen overseas which liberalize their residency/domicile requirements, which leads directly to my final point.
As an active duty military member, the husband should immediately seek guidance from his organization’s legal department. Military lawyers do not directly handle personal legal issues such as divorce, but they do counsel military members on their legal options and military responsibilities. Especially as there is a child involved this is extremely important, in my view.
Step one: Review this case with the husband’s military legal advisor
Step two: Assuming there’s no direct help there, find a US state which allows divorce to parties not currently resident in that sate.
Step Three: Assuming a divorce is granted by a US state, the husband is then free to marry. The wife may also petition the courts of the Philippines to recognize the divorce, since it was filed against her by a foreigner.
The “sticky issues” that remain are, custody and support of the child. Also the fact the wife wishes to contest. Certain US states don’t require actual consent of the other party (so-called “no fault” divorce). Many others do require consent of both parties. This issue is too complex and state-law dependent for me to be able to offer nay more advice. In my opinion, he needs a lawyer.
Whatever the outcome, let me state editorially that the child must be provided for. As a foreigner living in the Philippines it both angers and saddens me to see the continual examples of foreigner men coming here, fathering children and then finding one way or another to shirk their responsibilities, leaving their biological children to fend for themselves. It’s not right and it’s an embarrassment to me that neither the Philippine nor US government seems to are about these children. A sad commentary upon where certain people’s priorities really lie. Godspeed.
Hello,Mr Phil…..i think you doing a great job by advicing and inform us about the procedure of marriage or divorce..Thank you.
My name is Lak-Jannah and i am Philippina girl that i live and work in Dubai…..i have never been married and i am 27 years old…..Me and my Fiancee(He’s from Greece and live there also)we want to get married in Greece and stay in Greece………do you know what documents i need for this marriage?and if i can stay more than the simple tourist visa after i get marry in Greece??and we can go in the Greek Embassy in Dubai and ask(before we get married) like more time to stay in Greece like a fiancee visa or sponsorhip me???
Thank you for your time
Lak-Jannah
Hello Lak-Jannah, thanks for writing in. If course you should get in touch with the Greek embassy and check my infor mation:
You may also look for information, request answers to questions on the Greek Ministry of Foreign Affairs main website … http://www.mfa.gr/
If you travel to Greece as a single woman, the basic requirement for a Philippine citizen are here: http://tinyurl.com/7u8jv27
If you are married to a Greek national, Greece has long been a member of the Schengen Region Agreement. Children and Spouses of European Union nationals (as I assume your husband-to-be is) will get their visas free whenever the original copy of the marriage certificate and the spouse’s passport are submitted. So it seems that living in Greece is relatively simple after you are married.
Godspeed.
helo phil
Merry chrstmas! here I am again.Phil I hope you could still give me time to read my messge and could give me answer to my question..
my cousin has a foreign fiance but unfortunately the foreigner was married last 4 years ago to a filipina. he then got a divorce from the filipina in the US..He is now in the philipines to marry my cousin,but the problem is that according to my cousin they cant get married because i think the civil registrar is asking him a license to marry. he should go to philipine court.I am very confused. I read a lot from your column and you said that as soon as the foreigner got the divorced from his country he or she can remarry. in other country or here in the philipines.
Can you tell me how to get that license to marry?If the foreigner is already divorced from his former filipina spouse what are things he can do to delete his records in nso and change it into sinlge status,Or he needs to go the philipine court..
Does he still need a cenomar from the philipines NSO?
Thanks so much phili Hope I could hear a reply from you..
Hi Judy, thanks for writing in. It’s flattering to see the confidence people have in asking me questions, as if I had the answer to all sorts of knotty Philippine legal questions. I don’t. But remembering that I am not a lawyer, this is my personal opinion on your cousin and her fiancee’s situation. Let me take it part by part:
OK, then assuming the US divorce was officially granted by a court in the US, the fiance’ should be free to marry under Philippine law. The Republic of the Philippines recognizes divorces granted by other countries which affect the citizens of those countries.
Well I’m confused too, because apparently there has been a recent change in the requirements of foreigners to marry in the Philippines. For more than 10 years now the official requirement has been that the foreigner obtain an Affidavit In Lieu of Certificate of Legal Capacity to Marry from his or her embassy. The official page of instructions for swearing out this document is here:GETTING MARRIED IN THE PHILIPPINES.
However, I now note that on the US Embassy page there is a very important disclaimer:
So to me, it appears your cousin and her intended are now caught between a rock and a hard place.
If the Civil Registrar refuses to accept the affidavit of legal capacity, there is nothing further that US law can do.
If the intended groom has not gone gone to the US embassy and obtained the Affidavit of Capacity to Marry, then he should do so, forthwith and ask the Civil Registrar to accept that document. If the Civil Registrar refuses to accept the affidavit of capacity,then I’m afraid he has no choice but to consult a competent attorney licensed to practice in the Philippines.
My guess is, he would have to petition a Philippine court to recognize the US divorce and instruct the NSO to change his legal status to unmarried versus married. This is the same procedure a Filipino who is divorced by a foreigner must do o get the records at the NSO corrected.
An alternative is the couple could travel to Singapore or Hong Kong and marry there. I know this has been done in a number of cases like this. Foreigners are allowed to marry other foreigners under thos country’s laws and Filipinos don’t require a visa to visit.
However, there are times a married couple in the Philippines needs their NSO-certifed marriage document … legally a foreign marriage contrast is not recognized in the Philippines unless Philippine embassy vetted and NSO recorded.
Sorry to be the bearer of bad tidings, but as always I learned something valuable from a reader’s question, so I am grateful to you. Godspeed.
Hi phil,
how are you,thanks for your response. I am so delighted to find this site.. You are indeed great .this is the problem of my cousin…the Us embassy did not give that certificate to contract marriage to her american fiance.they didnt know what was wrong..they also went to cebu consular but the same situation the consular didnt give that certificate too to that american….My question is that,is it really possible that the embassy will not issue that certificate to contract marriage?I am really afraid too because we have the same situation,My fiance also got married here in the philippines and got divorce in CANADA,Now he sent me his divorce papers he was the one who filed the divorce,our lawyer said the only thing we need is that certificate to contract marriage from the canadian embassy…my worry is this,is it really possible that the embassy will not issue that certificate to contract marriage even he has that divorce decree,,I really wanted to find out why the american embassy didnt issue that cert.to contract marriage to my cousin’s finace..has it something do with the age gap?her fiance is now in his 70′s and my cousin is 24 or has it something with the times he got divorce…he got 5 times married 4 times to foreigners and 1 to a filipina?do u think it has something to do with it?Please Phil help me I am now worried..
Thanks in advance,,GOD BLESS YOU and MORE POWER!
Phil -
I have a complicated (I think) situation:
My boyfriend was born and raised in the Philippines. He then got his US Citizenship and has lived here since 1996. His parents arranged a marriage for him in the Philippines. He then filed for divorce/annulment less than a year later. The spouse never came over to the US nor does she have citizenship over here. If this is granted in the Philippines does he also have to file something with the Catholic Church and/or with the court here in the US so he can get married in the US?
Thank you!
Hi Jessica, thanks for writing in. I’m going to do my best at answering your question here. Let’s break it down:
By here I am assuming you mean the US? Myself, I live “here” in the Philippines.
I don’t see the relevance of the “less than a year later”. Am I missing something here?
Also, I have no idea what you mean by “filed for divorce/annulment”.. Do you mean he filed for divorce in the US or filed for annulment in a court in the Philippines?
I’m unaware of any way or place you can file for “divorce/annulment”.
If your boyfriend receives a court annulment in the Philippines it should be recognized by both the US and the Philippines.
However the Catholic Church is a totally different issue. An anulment from a Philippine court is tiotally different and separte from annulment under Church law.
If he married his legal wife in the Catholic Church (or any other church recognized as a Christian Church, then under Catholic (Cannon) law, he is married for “time and eternity. He can legally marry in a civil ceremony but he can not marry in the Catholic Church (or be a practicing member, such as recieveing Holy Communion and other sacraments of the Catholic Church unless he receives an annulment from the church.
This is handled through his diocese/bishop. From practical experience, I can tell you this is very difficult. He should consult with his priest first if marriage as a catholic is in his plans.
His future wife should consult her religious authorities as well, because entering into a civil marriage with a still married man is a bit like committing religious suicide for her.
He will still be married in the eyes of the church and his new wife will be an adultress under church law and also unable to actively participate in the sacraments and rites of the Church.
Hope this is of some help. Getting “unmarried” in the eys of the Catholic Church is not an easy thing, sad to say. Godspeed.
Hi phil.
How are you? happy new year to you and your family. i just wanna ask you.something that can help me a lil bit or give me an idea. phil, i am a filipina married to a british man 2006 . we are separated 2009 in europe and year 2010 i coming back here in philippines for good. we have no any children. now, i met my bf from USA and we are planning to get married soon as we can . but my problems is i have no devorce from my british ex husband. i was talking to him ( ex british husband) to get the devorce.but the problem is he has no job and he cannot afford to file the devorce. but he is willing to devorce me. and he said he will inquire about how to get quick devorce. do you have idea how he can get devorce for free? or even pay a lil bit.
Also if i want to get married here in philippines with my american bf can i do that even i have no devorce yet? i dont know if our marriage in uk is recognized here in philippines .i was there in uk as a fiancee visa and got married there. but its not registered here in philippines. and how about if i file for fiancee visa ? do you think it will affect for my application with out the devorce? please if you have any idea share it with me and i will appreciate . thank you phil . may god bless you always.
Bhang, thanks for writing in. Sorry, I don’t have much in the way of good news for you, though.
Legally, your marriage in the UK is a legal marriage in the Philippines. There may be some exceptional legal loophole you can escape through, but you would need to consult an attorney .. my information (and anyone else’s you get of the ‘Net) are just personal opinion, not legal advice.
If your present UL citizen husband will file a divorce and it is granted, then you can use that divorce to petition a court here in the Philippines to order the Philippine NSO to change your status to “unmarried” … but it is not automatic, you have to take legal action.
Can you marry legally in the Philippines? I think you already know the answer to that, I’m sure, you are just asking “old Philly” to say something to make it seem right. Well, I won’t.
The answer is, NO, not legally and not morally and not religiously. You are a married woman and that is that until you … or your current husband … take legal action. Sorry. Godspeed.
Hello po.. Mag inquire po sana kung paano ang process. Kung divorce po ba o annulment. May firned po kasi ako. Kinasal po sila dito nun before sila nag migrate sa US. Ngayon po both na sila US Citizens pero hiwalay na po sila matagal na. Thanks po
Not really sure of your question. I’ve written many pages on this very subject, I have no clue as to how much you have read. There is way too much here to repeat in a comment format. The couple, being US citizens and in the US is subject to US law. If either one initiates a divorce in the US, will it be recognized by the Philippine government, since both are former Filipinos? God knows, I don’t. So far as I know this has not yet been tested in a Philippine court.
Why wouldn’t your freind ask this question for him/herself? What is your role in this situation?
Hello Phil,
I’ve been researching about our problem with my fiance in the internet and I seem to not find a relevant issue or case that can give relief. I came across this blog scrolled down the comments and still can’t find the same case. I hope you can help me though.
I am a filipino and my fiance is also a Filipina. She is in Japan, had been married in Japan to a Japanese but recently divorced by mutual divorce according to Japanese law. We want to marry this year. I understand that her divorce in Japan must be recognized here in the Philippines by a court through the process called Petition for Recognition of foreign divorce. I also understand the provision of the Philippine family code, that a foreign divorce petitioned by the foreigner husband, the filipina will be free to remarry. But what if the divorce was a Mutual divorce that only happens in Japan? Will it be recognized by our Philippine law? My second question is this. Suppose the petition for recognition of foreign divorce becomes a no problem and we start to go through the process, can we be married in Civil this February even before the process starts? How long does it usually take for the Petiotion of Recognition process be over? Can we submit the marriage papers to the NSO for the marriage contract, before the petition for recognition of foreign divorce be over? Will it be ok Phil? I hope you can shed light. Thanks!
Hi Gen,
Thanks for being a reader and contributing.
Let me try to address your questions, being certain to remind you first 9and other readrs) that I am not a lawyer .. this advise is personal opinion only:
Let’s take your question apart, pices by piece:
Very importnat here to know who filed the divorce in Japan, If the Filipina was divorced by a japanese national, then she can file a pettion in Philippine court to have the foreigner-initiated divorce recogniaxed in the Philippines. If she initiated the divorce, it will not be recognized by the goevernment of the Philippines. I don’t know how japanese law works, but I am betting that even though it was “Mutual”, one or the other of them is the plaintiff or the respondent, legally. Makes all the difference in the world under Philippine law.
Again, you understand the issue, but you are asking a question that I have no answer for. The Family Code of the Philippines does not address special cases which this seems to be. Even a lawyer cna only give you an ‘opinion’ (although his/hers will be ore learned thna mine). To my knowleg a situation like this has not been tsted in the Philippine courts. Your guess is as good as mine.
All I can say here is, if you marry, knowing one party is still legally married, then you are probably committing a crime. Do people do this and some get away with it? I’m guessing yes. Would _I_ enter a marriage based on a lie, knowing it was illegal. No. But you are an adult, make your own decisions.
See my answer above. I think you know the answer, too, which legally and morally is NO. But you want me to tell you it’s OK? Nope, don’t see how I can do that. As we are fond of saying here in the Philippines, “S’up to you.” Godspeed.
Hi Phil,
I’ve read through most of the post to find a related topic on my concern but did not find one. I need help to enlighten me on this. Filipinos married here in the Phil. before they went to UK to work and had already acquired citizenship. Marriage didn’t went well and the guy founds a new love and now wants to re-marry again a Filipina who is residing in the Phil. Is there anyway that he can marry again without going through the long process of annulment. Or does he needs to file annulment or divorce? Can he re-marry in other countries? Thank you in advance for your advice. Best Regards.
Hi MelGrace, Welcoime and thnaks for commenting/contributing. Here’s your comment back with my thoughts and reqyest for alittle clarification:
I’ve read through most of the post to find a related topic on my concern but did not find one. I need help to enlighten me on this.
So I think I am supposed to conclude from this that a., their marrige is recorded withthe NSO here in the Philippines and b., when you say “aquired citizenship”, you mean UK citizenship, yes?
So far as I understand Philippine law (and remember I am a lay person, not a lawyer), his marriage is not able to be terminated by a divorce from overseas. Since both partners in the marruge were Filiinos/former Filipinos I beleive they are still under the control of the Philippine Family Code.
Remeber, I have written before about the situation where a former Filipino files for divorce overseas. Does that action then ‘count’ as a divorce filed by a foreigner (since s/he is the citizen of another country) ir not?
The law does not address this particular situation directly. So far as I know, it would have to be tested in the Philippine courts. Other opinions may stand, however. People keep asking me this question, again and again, and I am not qualified to answer it.
As acitizen of the UK he certainly can file for a diuvorce and if granted, he’s free to marry in any country which recognizes a UK divorce. This would include mosrt countries in the world, except the Philippines.
Example. His new intended could travel to the UK and marry him there.
Or the couple could travel to a ‘third-party’ country (Singapore and Hong Kong are two that come to mind) where foreign nationals are allowed to marry other foreign nationals under that country’s law.
But the couple can never, legally, be husband and wife in the Philippines unless his first marriage is annulled here in the Philippines according to the existing Philippine law.
Godspeed.
I am a UK Citizen divorced from my UK wife. I have a Filipina partner living with me here in the UK. She divorced her Filipino husband in the UK Courts. The marriage between her and her husband was registered locally but never at the NSO. They have a child. Her passport shows her married name and the tile “Mrs”.
I realise that she is legally still married to her husband under Philippines law.
We may move to the Philippines and we have two main choices regarding our status; I would be interested to know your opinions on the specific downsides (and any others you think important) of each choice:
1. Not marry but live together in the Philippines, probably with her child (with her husband’s agreement (helped by a ‘donation’)). I think this means she could be accused of adultery. And it seems to me we may be at the mercy of further demands from her husband.
2. Marry her in the UK and enter the Philippines as a married couple. The Philippines Embassy in the UK has said that they would want such a marriage registered at the NSO in the Philippines; obviously it would be the only marriage of hers registered there. One problem I see is that when the Embassy sees her passport with her married name on it, they may not be willing to register at the NSO the marriage between me and her but may force the registration of her first marriage. And when living in the Philippines with me this could mean she could be accused of bigamy, although I have read that the Philippines does not recognise ‘crimes’ committed abroad (under ‘territoriality rules). Again, the husband could cause future problems.
Thanks for any opinions or advice you have,
James.
Hello James,
Thanks for reading and for contributing an excellent question. First, remember, I am no lawyer and this advice is personal opinion only, fair enough? Second, it is my opinion and if I step on your toes or anyone else’s, sorry about that, it’s an opinion you asked for.
Let’s take your question apart into some of the many issues at play here, and address them a piece at a time:
Technically I believe you are correct. The lack of the marriage being registered does bring you into a ‘grey area’ I believe. However, having married a Philippine citizen overseas and then participated in updating her passport to her new married name, I wonder how it is possible that she got her passport changed _without_ the marriage being recorded in the Philippines. The first thing required of my wife by the Philippine Consulate in the US was our marriage certificate, which the consulate vetted and then forwarded to the Philippine NSO. Only then would they update her passport to her new, married name.
So I don’t wish to be argumentative here, but I am curious as to how she could get her passport name changed without a record of the marriage. Step one I think you might want to undertake is to request a CENOMAR (Certificate of No Marriage) for her from the Philippine NSO. You can do it easily from the UK online here:
https://www.ecensus.com.ph/Default.aspx . There are very few ways to get her name changed on her passport, and I’m guessing here that the marriage was recorded but perhaps she never realized it at the time.
Well actually I would submit you have at least one other course of action, but let’s talk first about what you propose here. Let me caveat what I am going to say here with the premise that her foremer husband is now in the Philippines … you don’t really say, but the way you are writing makes me think you beleive he is. And of course, even if he isn’t there now, he always could return.
One of the best ways to answer this though is to refer you to two of my articles here which talk about a British fellow who came to the Philippines and took up with a Filipina whom he knew to be married.
http://philfaqs.com/live-there/culture/moral-and-legal-dilemmas-and-wrong-head-thinking/
http://philfaqs.com/live-there/dangers/making-it-hard-on-yourself-in-the-philippines/
The fellow in the story, David Scott, IIRC, was offered a chance to “contribute” money to the woman’s estranged husband at the beginning of his cohabitation, in return for his “cooperation”. Much was made about how Mr. Scott was ‘shocked and dismayed’ at being asked to offer up an illegal and immoral bribe, yet he himself had apparently no moral compunctions about breaking a number of laws and generally accepted moral conventions .. like marriage vows mean something, one doesn’t sleep with another man;s wife, even if you can, etc., etc.
The sort of arrangement you are considering here has been entered into many times in the Philippines, I believe it to be legal and moral “Russian Roulette”, and I also believe both the estranged husband and you might be entering into a fraudulent or even criminal area … this could even be constituted as him “pimping out” his wife and you open to a charge of procuring a prostitute. Wouldn’t be the first time a man had whored out his wife, sadly.
The other big issue here is children. Should you and your partner have children, under Philippine law those children literally belong to him. They can’t carry you family name, you can not pass on your UK citizenship to them, and so forth.
Also as you correctly recognize, there is nothing which prevents the woman’s legal spouse from coming ‘back to the well” again in the future
Yep. As I alluded to earlier, I am not at all sure that the governemnt of the Philippines does not know about this marriage.
Something else to consider. The NSO rgeistration is an administrative requirement. But there is ample Philippine case law that indictaes that the lack of NSO registration does NOT, in any way, invalidate a maarriage. If her marraige was leagal withinn the UK it would almsot certainly be recognized by the Philippines.
However, the divorce, while leagl in the UK woukld certainly NOT bbe recogniozed by the Philippines since it took place between to Philippine citizens.
I bring this issue up because if the estranged husband wants to he could cause big legal problems if he came around waving that (assumed) existing marriage certificate around … even years down the pike. What happened, happened. Whether or not the NSO duly noted the marriage or not, in my opinion, is a somewhat moot point. As we Americans say in our quaint Colonial way, “You can’t put shit back inside the donkey”.
Things you could do that I would consider:
1. Have your partner get an annulment thought the Philippine court system.
2. Have her take up UK citizenship (many other advantages to her as well, perhaps). While the same silly “Philippine-specific rules apply, the idea that the Philippine government would push any issue like this between two non-Filipinos is, in my opinion, remote.
3. Forget about the Philippines. As a UK citizen there are advantages for you in former British colonies, Malaysia as one prime example.
I’ve written a lot of words here. Don’t know how helpful (if at all) I have been, but there’s some of my thoughts for what they are worth,
Godspeed.
hi, i am a naturalize american citizen originally from the philippines, i got married in the philippines 20 years ago and we got divorce here in the states 3 years ago, mx ex wife is a green card holder and still a pilipino citizen, can i marry again in the philippines. thanks a lot…..rgt
Hello Ramon. People ask me the same question over and over again and I give them the same answer. Philippine law says that divorces filed by a foreigner are recognized in the Philippines. However, the sticking point is, although you became a US citizen and thus lost your Philippine citizenship, does that make you a “foreigner” in the eyes of the Philippines, or a “Former Filipino”? The law does not definitively state anything about recognizing divorces filed by “Former Filipinos”.
So, once more, I can’t tell you if you and your bride-to-be will be granted a marriage license or not. There is just no way for me to know.
One thought is, if you and your fiancee’ are both in the US, why not get married there? If she is free to marry and you are free to marry, then you can marry (perfectly legal for an unmarried US citizen to marry an unmarried Filipino citizen in the US).
You can always come back to the Philippines and ‘renew your vows’ in a big church ceremony. Heck, it is done all the time when couples have a civil marriage and then later ‘solemnize’ it in church.
No marriage license is required for that, and she can have the big wedding and all the family gathering and festivities that every girl wants.
hello phil, i’m win and my questions are what is the best thing to do getting a american citizenship first before file a divorce or the other way around? anyway the situations was my wife and i got marriied in the philippines 5 yrs ago and we’re both filipino citizens during that time. now she got her american citizenship and im about to get one too.. just last year things did’nt worked out for both of us so we decided to go in searate ways.. now we are both finally found a new relationships and wants to be legally separated. thats why am asking what is best thing todo? coz am also planning to petition my fiance from phils, is that possible after getting the divorce here in us? i hope that you get my point.. thanks and best regards..more power..
Hello, Win. Thanks for writing in and contributing an excellent question. I think you should win an award for actually having more questions in less words than most all other commenters. This is complicated, and all your questions are important … as there are many others in this type situation, so I am going to make it into a complete article for future reference. Coming real soon now.
thanks phil,its my pleasure.. hope to see this article. anyway, i actually have a follow up questions regarding that, i just wanna know who should be the one to file a divorce? is filing by both of us should be the best move? and after obtaining both divorce and citizenship, can i consider myself as american citizen(foreigner)? so i can able to get someone from the philippines as fiance and marry here in us and live with me? thank you once again.. gob bless..
good afternoon, i have some question, i want to marry an indian guy but i told him its not possible because i am married to filipino guy, i am separated almost 2 years, no contact only for my two kids, is there possible to file a divorce in the philippines so i can remarry my love?
Hello Michelle. Thanks for writing in. Sorry I don’t have a better answer for you, but I ccan only say to you that no, there is no divorce in the Philippines. period. No matter that your present husband has abandoned you and the children, unlike every other civilized country on earth, the Philippines has no divorce law for Filipinos. Your only legal solution is to file an annulment in the Philippine courts. You really need to consult a reliable attorney, advice you get on the internet is only people’s personal opinion. Godspeed.
Good day!I have a boyfriend whos filipino living in california.He’s married before in the philippines and got divorced in California.Can he file fiancee visa?because he’s planning to visit me this april and then afterwards he’s planning to petition me thru finacee visa,is it possible?thank you so much..
Hi Michelle, thanks for writing in. I’m not sure on your situation, but I think he can petition you. If he filed the divorce in California, he is still legally married according to Philippine law, but according to US law he is legally free to marry. So, in my opinion only (remember, I’m not a lawyer), I think he can successfully petition you.
As long as you are free to marry under Philippine law, the petition should be granted. Godspeed, it worked well for me and my wife, we are both very, very happy that she came to the US and we had the opportunity to live there, even tough we now live in the Philippines.
Hi Phil!! Your website is very interesting. I just wanna consult with you a situation i am currently in. Im engaged with my immigrant bf and we want to get married here in ny and I am 2 mos pregnant. The problem that we have now is that he is married in the phils (no children). The wife currently works in Saudi Arabia who we think will not agree to a divorce. What are the things we need to do to have a legal marriage? We have consulted to a lawyer here in ny that said all my bf needed to do is file for a divorce even if she doesnt agree. All he has to do is make sure that she receives that final divorce notice and we can legally marry here. Is that right? Reading the things you had written above, legal marriage would not be possible unless annulled in the phils. Another option that we have is that we are going to wait for the time that he obtains his US citizenship which is 2 years from now. From there, the plan would be to divorce the wife which will be honored by the Philippine Government. BUT the problem is our upcoming child. We are concerned about the legitimacy of my child. Whats confusing is that what the lawyer said seemed so easy—-just divorce the wife from here. Can we have a civil marriage legally once the final divorce notice is received? I understand that under the philippine law, it is illegal and he could be charged with bigamy. But since we dont plan to go back to the philippines as of yet, Is it possible or allowed or legal to serve another divorce once he gets his citizenship just to nullify the marriage in the phils? We are in a situation that we are on the way of having a child and we want to get married before its birth What do you think we should do? Im confused. I know you are not a lawyer but u are unbelievably knowledgeable in this.
Hi MO, thanks for contributing. What an interesting question. There’s so much to discuss here I think I’ll just make this its own separate article, so that many more readers can benefit than if it was just buried here in the comments section.
Please send me the link of the article corresponding to your response with my inquiry. Thank you.
were married in P.I. for 10 yrs..2006 i worked as ofw,at the following yr. the mother of my children go to u.s.a. because she’s a citizen coz’ her father was a retired u.s navy before.after a yr. she filed me a divorced because shes pregnant.i cant fight to the subpoena that i received because im in the P.I…my question was can i re marry again in P.I.,and my children will also go to america to lived there.,can i also go to america even we are divorced,,now im here in uae as ofw.tnx.more power…
Hi Allen,
Thanks for contributing with a great question. Let me break your comment up and answer your points separately … remembering that I am not a lawyer, I’ll answer to the best of my ability.
OK, she filed a divorce in the US as a US citizen. Therefore her divorce is legal in both countries and it can be legal for you, as well … see more below.
So far as I know, yes. The procedure is, you obtain a copy of the divorce decree/final orders and submit a petition to a court in the Philippines to recognize the divorce as valid since it was filed by a foreigner against you, as a Filipino citizen. If they accept the divorce, the court will order the NSO to change your civil status to “single”.
When you say “my” children, are you really meaning to say “our” children? If so, yes, as a US citizen parent she can get US passports for the children. They have the birthright of US citizenship (because of their mother’s citizenship) and Filipino citizenship because you are their father.
NO, so far as I know. Before you divorced, she could have petitioned you for a spousal visa. That can’t be done now, so far as I know.
Godspeed, my friend.
thanks phil for that wonderful answer,,follow up question,my ex-wife said that i can go there as a vist visa to visit my children.oops our children,can i? and if i go there how many days can i stay there months ? year?can i also work there? thanks again phil…God bless
and which court do i go…and you think how much money is needed to changed my status..i will ask now so in my vacation i probably fixed that kind of problem and starts to be happy again…
Sorry, I don’t know. I stay away from courts and lawyers. You need a lawyer, I am not qualified in any way to answer, sorry.
Holy Cow? A follow-up question? This one needs a whole book to answer. Visit the Philippines in what status?
US citizen 21 days extendable to 60 days and then to 24 months, 2 months at a time.
As a Former Filipino? i years as a balikbayan if you ask for the Balikbayan Privilege upon arrival
As a former Filipino, for life as eaither a 13(g) Permantn Resident or with a SRRV visa.
And the list goes on.
However, the part you are not seeming to consider is, I spent a thousand words ot so explaining how you could contravene the laws of the Philippines regarding a US marriage and divorce. But have you forgotten that under the laws of the Philippines you would still be married and would this be a bigamist if you remarried?
Now that there’s a solution to your original problem, you then want to know about going back to the Philippines 9after legally thumbing your noseat the country). I’m confused. You want it all, and you want it NOW apparently.
I did not make the crazy, un-human (in my opinion) laws of the Philippines, which lock the citizens of the Philippines into un-human relationships. And I certainly can’t remake those laws, which seem to be pretty acceptable to the average Filipino. It’s not even my business to criticize them. The law is the law, and the current Family Code of the Philippines is essentially “Tita Corey’s” law … one of the most respected and revered leaders of the Philippines, ever. I’m a foreigner who ought to know when to keep his big mouth shut.
Have you actually read the article you are commenting on? I suggest you perhaps read it (or rad it again) for what it says, not for how you want things to be. Unless the law changes, which has to be something that comes from Filipinos themselves, there is nothing much else to say.
The only way you can legally (Philippine legal) way to get out of a marriage in the Philippines is to annul it through the Philippine court system. I am neither a wizard nor a lawyer, I can’t help much more I am afraid. Again, you NEED a lawyer who knows Philippine law in order to handle the Philippine side of your legal problems. Godspeed.
Hi,
here’s my situation, Im a US citizen who got married in the Philippines in 2008. I filed a divorce in California and it was granted. How do i make the divorce recognized in the Philippines?
Thank You
Hi James,
I’m not sure what exactly you want to do. First of all, are you a US citizen by birth, or a US citizen who is a former Filipino?
If you are interested in being able to marry again in the Philippines, the US Embassy discusses the current issues better than I could. Up until sometime in late 2009/210 or so there was never an issue. A US citizen brought his divorce decree or “Final Orders” from the US court with him, went to the US embassy and executed an affidavit swearing s/he was legally able to marry and that was that. Today, however, it seems there are some hitches in that particular plan and I can’t supply much more information than they can.
http://manila.usembassy.gov/marriage.html
Hi,
I’m a Filipino,but a US citizen. i was married to a Filipino citizen back in the Philippines, filed and granted a divorce here in California. How do i make my divorce recognized in the Philippines, so we’re both free to remarry back there.
In my non-legal opinion, Grace, you have two issues here. As a US citizen, you follow the procedures here:
http://manila.usembassy.gov/marriage.html
In the case of your Filipino ex-spouse, he has the option to fule a petition with the Philippine courts to ask that the divorcee recognized since it was filed against a Filipino by a foreigner. If the court grants the petition, they will instruct the NSO to change his status from “Married” to “Single”.
Godspeed.
hi.. i just want to asked.. this is not actually for me but for my friend..
they got married in uae about four years ago under phil embassy i think. can any of them file a divorce or annulment in uae? will that be honored here in the phil? would that be valid here in the philippines?
Hello MJ,
You really have me at a disadvantage here. You have told me so little. Critical factts like the naiotnality of the people invoilved, the type of cermony .. Civil, Christian church or Muslim, etc
I really have no way to research the laws of the United Arab Republic and I am not about to try.
The rules regarding marraige and divirce in the Philippines re the same no watter where the mnarriage took place, If a foreigner divirced a Filipino in a land where divorce is legal, the Philippines recognizes that divorce. If a Filipino divorces another Filipino, no dice, the Philippine government does not recognize divorce between Filipinos. (with the vert importnat exception of Sharia (Islamic) law. Divorces under Sharia law are recognized by the Philippines.
Se how complicated this can get and how little you have given me to go on?
Sorry, but I need to know the facts.
im sorry philly.. female is a filipino i guess the guy is dual citizen phil/am i guess. they got married in uae under phil embassy. civil wedding. can the guy file a divorce or vice versa?
hello,there,im keyka. i just want to ask some question for u.i married with married man b4,we didnt seen each other like 10 yrs.is our married is valid?and now i already married with american man.we just waiting for my interview going to usa(spouse visa)do i pass the visa interview?even i have previous married?pls advised me.thanks
Hello Keyka, thanks for writing in. WoW! What a question! You have to remember two things when reading my answer. First, I am not a lawyer or any other recognized expert. Second, I will give you advice based on what I think is legal and what I think is morally right. I am NOT trying to “slam” you or criticize you personally, but I will do you no service if I don’t talk “straight”. Fasten your seat belt, OK, because I don’t think you are going to like what I have to say.
Point One: You married a man. I assume this was a legal marriage and was recorded by the NSO, correct? If so, and this information is what you have stated here yourself, then you are still married to this man. Period. Marriages don’t “go away” because the couple doesn’t spend time together. I know of no way to make this marriage disappear, legally, except by getting it annulled in the courts of the Philippines. This is the law of your country, (as well as the law of the US) and there is nothing I can do about it. You are still married to this man, and you can not be married to another man .. again, so you told me.
Point Two: You say you got married to your current US husband? I wonder how? Apparently, you somehow appeared “legal” to the registrar and other officials who presided over the wedding must have assumed you were legal to marry? I don’t know what happened here. If you were NOT married to your first husband, then of course you were legal to marry. But if you were still already married, you weren’t legal … so I have no way yo say, based on what you have told me.
Point Three: The US Embassy Consular Officer will certainly ask you about your current marriage and, if he knows about it, your previous marriage(s). It would not only be morally wrong, but legally wrong, and could result in a lifetime ban on entering the US if you were caught in a lie. It’s Immigration Fraud, and it’s a very serious federal charge.
So, I strongly urge you to tell the truth, even if it hurts. If I were you, I would seriously think about consulting an attorney before your interview and find out if there is a legal way out of this mess. Because you are not going to be approved for a US Spousal while married to two different men … or so I opine. Godspeed.
he wasnt tell me that his married b4 until we get married..nd now i found out that i have record in nso for his name.but i wasnt used his family name nd i wasnt changed my status anyway.thanks
Hmm, OK, now I am thoroughly confused. Who didn’t tell you he was already married?
my first husband who already married b4.i know our married in 1st place was null nd void coz he is married b4 me.thats why i have my second married valid.right?
OK, Great. Now I understand a little more. This helped a lot. If you are legally not married to the first guy, and the NSO shows that you are not married to him, then I think you have nothing to worry about. This is so much different than you made it sound at the beginning. Good. So, what is the real question that I can help you with?
my question is how long its takes the null and void?nd how much?pls help,,thanks
OK, I understand better now, thanks. But I can’t really help. You NEED a Philippine lawyer. Only the court can order your first marriage null, ab initio, and only a lawyer can give you competent legal advice. I have no idea what, exactly, has to be done with the Philippine court system … hey, maybe nothing, how cool would thta be … but again, you need an attorney. Godspeed.
Hi phil,
I found your site so interesting and i am pretty sure that you can help me out. I have few question that keeps on bothering me. I have a friend who wants to file an annulment but because he found out that once their marriage got annulled his children will become illegitimate to both? How true it is? Can you give me an advice what would be the best thing to do.. They are both filipino.
Your friend may be right. When I first read your question I thought to myself, “Wow, what a zany idea, that can’t be right. You can’t change a child’s status from legitimate to illegitimate based on what his/her parents do.”
But then I realized I am in the Philippines. I looked it up. As a rule, when parents get a decree of nullity, the children’s status changes from legitimate to illegitimate, under the Philippines Family Code.
Sad. And as with so many of the rules here, take out the sins of the parents on the innocent children. Your friend needs to consult a lawyer, BEFORE hge takes any action regarding an annulment, becuase the section of the law under which the annulment is filed makes ALL the difference regarding the children’s status..
Godspeed.
Hi Phil,
My current husband had fixed marriage in Chicago way back when we we’re in a relationship, he was married to a filipina who is american citizen. Unfortunately, I have no idea if they both file a divorce in Chicago when he decided to marry me here in Phil.
We got married then, and now we have two kids. but the question is, though our marriage is legal in Phil, is our marriage valid? knowing that he has a wife in Chicago? will it tell or falls as I am not his first legal wife and our marriage is null and void?
See my reply to your other, similar comment.
SBL,
Thanks for writing in. I have to answer your question with a few other questions, if you don’t mind. Just to clarify things a bit.
First of all, what is a “fixed” marriage? I’m not sure what he “fixed”.
As far as knowing if they are still married or not, I don’t know either. Yoyu state you don’t know if as divoce was filed … or who f8ile dit. So I wonder what makes you think they are not married now>
If his first wife, as an Americna citizen, filed for the divorce, then the government of the Philipines should recognize the divorce and your husband might have been free to marry you.
None of that is automatic. To be free to marry, legally in the Philippines, a Filipino must be divorced by a foreigner and then file a petition within the Philippine courts asking that the divorce be recognized.
Since it appears, from twhat you say he did nopt do that, then he was not free to marry you.
Again, remmeber that I am not a lawyer and I can only make an opinion based on the very, very sketchy info you have given me.
I don’t agree that your present marriage is necessarily legal, since it appears your current husband never legally dissolved his first marriage and made himself free to marry in the Philippines. The fact a marriage is recorded by the NSO merely proves that proper paperwork was filed. If one of the marriage celebrants claimed they were free to marry (as both celebrants must) but actually was not free, the marriage is not legal … NSO registration proves nothing.
Well, you can never be his first legal wife. You say yourself that he was married before. If he legally freed himself from the first marriage, you might be his second legal wife, but the claim of ‘first” completely mystifies me … sorry.
According to the Philippine family Code, if one partner enters into a marriage under the pretense they are free to marry, but they are bot free to marry, then the second marriage may, indeed be ruled “null ab intitio”, (from the beginning).
But again, none of this is automatic. Only a Philippine Court can rule on this .. a marriage does not become “null and void” because one of the celebrants says it is null.
Quite possibly, yes. Illegitimate so far as you are concerned .. all children born of a legal marraige “which his first marriage may still be, are children of the husband of that marriage, so long as he acknowledged them.
This is, all told, a very complicated can of worms you have opened here. I wish I could be more helpful and more specific, but all I can say, really, is, you need an attorney licensed to practice in the Philippines.
You can get advice from me, and from every other Tom, Dick and Mary, but none of it really means spit.
The law is the the law is th elaw, and you have yourself in a complex situation here. Godspeed.
Hi Phil
My current husband (Filipino) has fixed marriage in Chicago way back when we’re in a relationship (without knowing that he was married until the woman called me) He got married to a Filipina who is American citizen. I have no idea if they both file a divorce when he decided to stay for good and marry me in Phil.
We got married then and have two kids. Though our marriage is legal in Phil. (filed in NSO) I’m still thinking if our marriage is valid. Meaning, am I stated as his first Legal wife? Is our marriage is null and void? Will my kids assert as illegitimate child?
hi ,,this is rose,,im here in okinawa japan to get marry with my bf,,but im 21 years old they said i need parental consent from my mom,,,,
Hello Rose,
Well I have no idea who “they” might be, but if you marry in Japan, Japanese law applies.
Under the law of Japan, a woman must be 16 or older to marry and those under the age of 20 must have parental permission.
So it would appear to me that “they” have no idea of what ‘they” are talking about.
Now if you and your BF went back to the Philippines to marry, Philippine law would apply. The law of the Philippines states this:
So if you are not past your 21st birthday, then yes, in the Philippines you must have parental permission. If you have already reached the age of 21, then you need to show that you have informed your parent(s), but they can not stop you from marrying.
Again, the law of the country you decide to marry in determines the rules, not the law of the country you are a citizen of.
Godspeed.
Hi,
Me & my high School sweetheart wants to get married thru muslim wedding, (we are both Muslim long time before we meet again last year) unfortunately he has previous Christian marriage in Philippines. We are both now in Middle East. Will that Philippine Family code allows us? What will be the consequences if will pursue this marriage? Shall we violate Family code of the Philippines?
Wish you could reply soon. We are planning to have that ceremony early next year.
Regards
Aliah
Hi Aliah.
Oh my, here we go again with another “read between the lines” question. You didn’t bother to tell me your nationalities, but I will assume you are both Filipino. Is that correct?
Again, remembering I am not a lawyer, a Catholic priest nor an Imam, let me tell you what I know.
First of all, your intended groom is still married. He’s married in the Christian sense, he’ married in the Muslim sense and he’s married under the law of your native country, yes?
In the Philippines, Sharia (Islamic) religious law is recognized, and the non-Muslim partner or the Muslim partner in a a mixed (Christian/Muslim) marriage can avail of a Sharia law divorce, if they meet the requirements of Sharia law. However, as you describe things, your prospective husband is still married “three ways”.
He’s married under the laws of Christianity, he’s married under the laws of the Islamic faith and he’s most certainly married under the laws of the Philippines.
You state he was married in a Christian cerebration. There is no divorce in the Roman Catholic religion, thus I see no way he can seek a Sharia divorce. But frankly, you are asking in the wrong place here .. I am not of the Islamic faith and my knowledge of it’s laws is minimal, at best. It seems to me that one resource you both should use is counseling with an Imam who is expert on Islamic marriage/divorce/relationships.
The only way I know he can become legally free to marry under the laws of the Philippines is to seek an annulment of his current marriage through the Philippine court system.
You ask me ” Shall we violate Family code of the Philippines”? I’m not sure of your choice of words here. If you meant “Shall” in the legal sense of the word, then absolutely, you shall be violating the law of the Philippines.
If you meant it in he sense of “should” we, then I have no real advice. I can not and will not advise you to do something illegal. If you wish to do something on your own, which you know to be illegal (and morally and religiously wrong), then who am I to tell you what to do, anyway?
Will you have a legal problem if you do so? Maybe. Or maybe not. Will your marriage be based on a lie? I feel it will, the decision is up to you, however, certainly not me. Will your children be illegitimate, for life, under Philippine law? Almost certainly, yes. Again, up to you how you want to proceed, remembering that there are consequences to your actions which affect people not even born yet, far beyond the span of your own life perhaps.
Let me close by giving you advice you didn’t even ask for, but ought to have anyway.
This guy is your “high school sweetheart”. Cute. But he married someone else. Hmmm. he also went outside the religious faith you both share, for a partner. Interesting.
Then, because of economics or convenience or necessity, he went abroad to work, leaving his wife behind.
And, despite his vows to love and honor his wife, he decided to take up with another woman, you. Hmmm …
Now you can’t wait to marry this guy, you even request a fast response’ because you want to hurry, hurry, hurry. Interesting.
You are “hot to trot” to get hooked up with this guy who didn’t want you in the past and now wants to throw his existing wife away like an old shoe? Why? Is he the “last bus? frankly, this sounds to me as if you have too low an opinion of yourself. Pride is commonly considered a sin. Self respect is not.
What happens five years from no, assuming you cross all the religious and legal hurdles and do marry this guy.
You go back to the Philippines and raise your family on your own, while he goes back to the single life living and working overseas, surrounded by other lonely, horny women who are by then younger and pretier than you. Have you thought this through?
My advice to you is, your possible problems with the Philippine Family Code are by far the least of your worries. Take a long, cold shower, study the Koran and give this careful, prayerful consideration.
This may not be the advice you want, but it’s the advice I would give you if you were my own daughter.
I see this story time and time again. It’s one of the true tragedies of the Philippine OFW culture, “Hurry up” marriages, then disillusionment, loneliness, heartaches come and the cycle repeats itself over and over.
Think it through, girl, carefully, rationally and prayerfully. Go with God.
I’m glad i’ve found this website.i think this is very helpful. I have difficult situation and i need your sincere advice and help. i was married 4 years ago . my husband is working in china for many years and still currently working in there as i heard. if in case he will file a divorce in china even he is from U.S and we get married here in the philippines. Is it possible for him to file a divorce in china? and if so… how long it take?
Thank you in advance for your help and more power to your company.
Hello Claris,
Welcome and thanks for writing in. Your question is interesting. The answer (remembering that I am not a lawyer), is short and pretty easy. But you and your partner won’t care much for it.
The laws of every country are sovereign. China can’t dissolve or “undo” a marriage that was made in the Philippines, the Philippines can’t dissolve a marriage made in China, ATBP.
Each country “owns” their own legal system.
There is no divorce in the Philippines. The Philippine Family Code describes how a marriage can be annulled, under certain conditons, by the courts of the Philippines.
You and your husband chose to marry in the Philippines. That put you (by citizenship) and him, voluntarily by his own signature and oath, under the law of the Philippines.
Unike a lot of the questions I receive, this one is clear cut … you and he are married and to become “unmarried”, you need to file for a legal annulment thrugh the Philippine. Godspeed.
Hello !
I have a questions.My american bf wants to marry me in his first time visit in Manila on May2012.Is it allowed in the Philippines to marry the person you just meet in person?Will the U.S embassy in manila will give him a legal capacity to contract marriage?What are the possible questions ask by the U.S consul to him when getting a legal capacity?He was divorced already.Is it ok to have church wedding preparations prior to getting a marriage license in the Philippines?Is it necessary to both have civil and church wedding in the philippines if youre marrying an american? is is church wedding alone ok?I am really confused.. please help
Hello Christine,
Thanks for writing in. I have answers to all your questions. Like all my answers, you’re going to like some of them and not like others. Nothing I can do about that, though, I just tell the facts as I know them … and remember, I am just a private, lay person, this is all my opinion only, none of it is to be taken as legal advice. Fair enough?
Yes it is legal. The only waiting requirement is the requirement to “post banns”, typically “three consecutive Sundays” in one’s home parish. You should contact the registrar’s office in the city you plan to marry for speciifc legal requirments they may have. You should contact the church you plan to use if you wish to have a Catholic Church wedding. Catholic Marriage requirements.
All you could ever want to know about the Legal Capacity to Marry process at the US Embassay is here:
GETTING MARRIED IN THE PHILIPPINES
Notice there is a link to a Filipino translation of the page if you would be more comfortable with that. Also, please pay particular attention to the important Disclaimer in the third paragraph down. Some Philippine registrars have been reluctant to accept the embassy capacity to marry document. I can not predict where or if this will occur. Again, all the more reason you should be checking with the registrar you plan to use. By all means, your fiance’ should be reading this too, it’s up to the American citizen to comply with the legal requirements.
Yes you can make plans and arrangements in advance of having a license. You really don’t need a license until the actual time of the ceremony.
Either a civil ceremony or a church ceremeony is sufficient. There is no need for both ceremonies to have a leagal marriage. But Catholic requirements are different, over and above the civil law of the Philippines.
The Catholic Church does not recognize divorce! The Philippine governement recognizes divorce for foreigners, but if your intended was married before in a Christian ceremony. Doesn’t have to be Catholic, but any denomination recognized as Christian by the Church of Rome, then he is still married in the eyes of the Catholic Church. You can’t marry him in church and you can’t partipates in other church celebations, such as taking communuion, etc. Under the church law (Canon Law), you would be cohabittaing with a man not your husband.
Big surprise? Yep, it sure was for my wife and I when we found out that by marrying me she essentially removed herself from the fellowship of the Catholic Church. Kinda sucks, if you want my honest opinion.
So if a church wedding is important to you, I strongly suggest you consult with the parish priest or the bishop who presides over the church you intend to marry in if a solemnized Catholic wedding is important to you.
This can be a very ‘sticky’ and very heartbreaking aspect of marriage to a divorced man. Of course if his prior marrauige was civil and not Chrstian, you are good to go. In the eyes of the Catholic Church he was never married.
My last piece of advice takes the form of a question. Why? I mean why marry him here in the Philippines? Do you two plan to live here and make your life together here, or are you planning to go back to the US with him in the future?
I ask this because you need to understand something. Once you marry here in the Philippines there is no divorce for EITHER of you, ever.
As a Filipino you can not avail of a divorce unless he were to file one, and he could only file a divorce for a marriage which was solemnized in the US (or some other country which accepts divorce). Us citizen or not, the US has no control over the laws of another sovereign nation … a lot of my fellow Americans think I am dumb for asking this question, but once they marry under the laws of the Philippines they are bound in that marriage by the laws of the Philippines … the color of their passport makes no difference.
No one likes to talk about divorce before a couple is even married, but for years now one heartbroken Filipina after another has poured her heart out to me over the impossibility of being stuck in a marriage she has no legal way out of. None of us ever expects a marriage to fail, but the fact is, they do … and hey, reality is, he already has a failed marriage behind him.
Just the facts of life, my friend, you asked advice, I gave it … remember what I said 5 or 10 years down the road, and if I am wrong, I’d be delighted for you to write me than and tell I was wrong.
Godspeed.
Hi Phil,
I need your advice in this problem, i hope you can help me. Im a filipino citizen married to a filipina but a US citizen and we got married in the philippines 12 years ago. For some reason the petition process for me to come here in the US took like 6 years so she has to go to philippines to visit me. We have 2 kids that i could say” made in the philippines but born in the USA”. I came here in the US 2006 but we did not live together because 3 days before my flight here in US she told me that she is living with somebody else already. I have to live with my in laws while she is staying with her boyfreind. I filed our annulment last year and its already approved. Now my question is, Is the annulment respected here in the US? Do we still need a divorce? If not, how do i change my marital status?
Hi Neds,
Wow, what a story, eh? Truth is stranger than fiction. Sorry to hear about your troubles.
Good news is, if you have a legal annulment granted by a Philippine court, you are single, so far as I know, no questions asked. And so, I believe, is she.
Godspeed
I need help. I got married last april 21, 2009 here in the Philippines. I am a Filipino, i got married into a foreigner from America. She left me last june 2010 and went back to america, she wanted to divorce me so she filled a divorce case in america. Can the Philippine law approve the divorce that my wife filled for me? Even we got married here in phil? Can i still remarry here in the philippines?
I not some help Thanks.
Stephen, thanks for writing in. If a foreigner is the one who files a divorce case against a Filipino in a place where a divorce is granted, then the Philippine Family Code recognizes that divorce … to my understanding, anyway.
If you have a copy of the divorce decree or “Final Orders” from that case you can file a case in a Philippine court to petutuin the court to instruct the Philippine NSO to change your civil status from “Married” to “Single”.
That is my lay person’s understanding at any rate. You really should seek legal advice from a leagal professional. Godspeed.
Good day Attorney:
I have a question. What happens if a filipino citizen marries a US citizen and has not register the marriage in the Philippine Consulate. I presume that means that the marriage was not entered in the Philippine NSO right? Hypothetically, if the US citizen dies or divorces the Filipino citizen, and then the Filipino citizen goes back home to the Philippines, that means he can marry whoever he wishes since he has no records of marriage in the NSO right? considering that when he was in the USa he never registered his marriage to the Philippine Consulate, is that right Attorney? There are a lot of marriage / couples who has not reported their marriage to the Consulate, especially those whose spouse had died.
Second question, what Filipino citizen becomes a widowed. Can he re-marry in the Philip[pines or does he need to go to the Philippine court again to prove he is free to marry ? Thank you so much.
Hello Lea, thanks for writing in.
First things first. I am NOT an attorney, OK? Let’s get that straight. All that you get here is my personal, layman’s opinion.
If a couple marries in a foreign country and chose not to have that marriage recorded by the Philippine NSO, all I can see that they are doing is possibly denying themselves some of the rights of citizens in the Philippines.
They certainly force their children to carry the distinct Philippine legal stigma of being illegitimate, should the children later try to exercise their birth right of being born Philippine citizens, regardless of what country they were born in.
But basically, it;s a question of personal belief and morals. You can do as you wish.
If two Filipinos marry, under the laws of the Philippines there is no divorce. If they hide the fact they were married and then marry in the Philippines can they ‘get away with it’? Probably.
If either spouse dies, the surviving spouse is free to marry, recorded marriage or ‘back door’ marriage.
If a foreigner divorces a Filipino under the laws of a foreign country, the Philippines recognizes that divorce, again, regardless of the marriage being recorded or not.
Do any of these actions need to be recorded/granted by a court in the Philippines? Certainly, it’s the law of the land in virtually any country.
So now, how about telling me the real question behind all this pussy-footing around? What are you trying to hide, and should you hide it?
Hi Phil,
I have a question.Me and my husband are married here in th philippines. when he went to canada last 2009, she met a girl and they are now together (some are even saying they now live in the same house). My husband told me that he will file a divorce in canada so he can marry the girl there. Is that really possible? How about the child support for our kids? Can I sue them if I have proof that they are really living in together in Canada?
Can your husband file a divorce in Canada without your consent? Possibly. Will it be valid in the Philippines? Almsot assuredly no, uder the Philippine Family Code? In my lay opinion, no.
But, apparently, to him, who cares? If he lies about his civil status in Canada, he can marry there. And if he is or is not living with another woman he’s likely not violating any Canadian law.
You’rein a tough situation here, I really don’t know what to advise. If a man choses to throw away his family, there’s very any court in another country can do about it.
Your best bet might be to seek help through the DOLE or the DFA. Do you think he is in Canada legally? What type of visa is he on and when does it expire?
See a lawter. Godspeed.
Hi Philly,
Thanks for the prompt reply. Yes he is in Canada. He is an OFW and the girl is also an OFW. he’s on working VISa and his contract is 2 years, which wsa extended for another year. What Im not sure of is that if he already applied for immigrant there in canada.
Hmm, well I have no idea on the rules for getting citizenship or permanent residency in Canada. I made an assumption (and assumptions are always dangerous) that he had taken up with a Canadian … possibly to gain an advantage to getting Canadian permanent status.
You asked earlier about suing him. The question you have to ask yourself (and your lawyer should you choose a route like that) is, what can you gain? Lawsuits cost money and take time. In general, there has to be enough money to actually gain back the cost of the suit and more to make it worth it.
Also, trying to force him to do the right thing through the court system could have the outcome of him losing his job/being deported, and where will you be then? He’ll be broke, and the kids will still be in need.
I still think your avenue should be through the agency he is working under, the DFA or the DOLE. Or directly with his employer in Canada. You take a picture of you and your kids and pay a lawyer a thousand pesos or so to write a firm letter to the employer asking, “Do you want this man working for you”?
Maybe something like that will work. Or maybe the best route is through his mother or father. Are you on good terms with his mom or dad? Surely they dotes on their apo as all good grandparents do?
You see, to me, this is much more of a conscience/moral issue than a legal one. The law is really weak when it comes to legislating morality … but if there is a Filipino man who isn’t scared of his momma, I haven’t met him yet
(joke land).
Hi Phil!!! My immigrant friend is married in the phils but divorced his wife (who is in the philippines) recently. He is currently here in ny as an immigrant. I understand that since he is not a citizen when he filed for divorce, he is still married in the philippines. Will the wife be able to demand spousal support from him even if he is in the US? Another question is — Is there a case that the “wife” can file against the his current girlfriend who is in also in ny whom he got pregnant? He and his girlfriend are planning to marry in ny soon. There are no children and properties involved in the previous marriage. Thanks.
hi..
im a filipina that is now an american citizen, i have a boyfriend that was married before and now separated to his former wife..is there anyway that i can file a fiance visa for him so we can get married here in the US? i know someone that was married in the phil but was able to get married here after filing for divorce to his former wife.. is it possible for me and my boyfriend to do the same thing?
Hi. Iam a Filipino citizen and I have a boyfriend who is also a filipino citizen. I filed for annulment in the Philippines and it was granted null and void by the judge. Iam just waiting for the solicitors general decision. So while I was waiting I filed for a divorce here in Canada. My question is can we get married here in Canada? Would there be a conflict in any ways? Because we want to apply for our permanent resident. Thank you. Can somebody please answer my question?
Joan
Hi! Im separated for 3 half years and i have a foreigner Bf who want to marry me, is it possible? what is the possible remedy to marry my BF
Hi Phil, I am a Filipino citizen. I married a Filipina US citizen in California last year when I came there on a tourist visa. Few weeks after the marriage I went back home to the Philippines, and from then on the long distance relationship did not work. And so I asked her for a divorce. I’ve been trying to contact her but she hasn’t answer all my emails and phone calls. I don’t want to go back to America. Can I file a divorce even if I am here in the Philippines?
That poor girl and her kids. She needs to get in touch with the family court in the town where he resides. Even though you are in the Philippines, he was working in US. He is liable to US law. We have strict child support laws in this country. Being he is remarried, get in touch here where he married because he committed bigoemy . Being that he is remarried, you are entitled to half of his paycheck in support. If you don’t know where he is, I would hire an attorney to find him. He he doesn’t provide for his kids, he goes to jail until he does. Normally I keep quiet on this subject, but this guy needs to pay through his nose.
Hi Phil I was reading all the comments here and it they are all sounds very helpful..I hope you will help me on this one..I was once married to a US citizen we got married in the Philippines last 2005 he petitioned me and 2006 I moved to United Staes unfortunately marriage didnt work out 18 days after i moved in United States..then he filed for a divorce in United States in California and granted the divorce 2007. My question is do I still need to file for an annulment if I want to get marry again here in the philippines or do I just need to go to a court and show the court my original divorce paper? thank you hope you will answer my question…
Mikala,
Thanks for writing in. The procedure for Filipinos in your position is to file a petition for a Recognition of Foreign Divorce before the appropriate court here in the Philippines. Make sure your lawyer also asks the court to order the NSo to change your “Civil” (Marital) Status to “Single”. So far as I know this can not be done without filing a case and thus should not, in my view, be attempted without a lawyer.
I married a woman from The Philippines in the Philippines . I just found out she’s still married under another name . Where does that leave my marrage is it void ? Am I still single ?
Wow. And people like to argue with me when i say “Don’t get marruied in the Philippines” and “Check Out Who She Is _first_” See PointmanPI ad in the sidebar for those who want to look before they leap)
Anyway, what’s done is done. I am not a lawyer. You need one.
She is obviously a bigamist. You might be one too.
Your marriage to her should be ‘voidable’. Nothing is automatic in cases like this, though. You would need to petition the proper court to have your marriage declared void, “ab initio” … from the beginning …, since she was apparently not legally capable of marriage.. But this all has to be proven in court. You can then ask the court to order the NSO to change you status from “Married” to “Single”.
Sorry I can’t be of more direct help, but this is a case that requires professional legal assistance, IMO. Godspeed.
Hi Phil,
I just wanna ask some adivce…. i am married with american here in the philippines..he is base in korea right now.. i just wanna ask if he can get married there while were still married here and not annulled yet?…..
what are the benefits that my child could get when he decide to get an annullment?… all i cared is my daughter..
can i still ask to go to US together with my child?…
i hope you can answer all my question….
thank you
Leah, hello. thanks for writing in. I’m a bit confused though at what your real question is.
You are married to an American who is currently in Korea, correct.
One question seems to be, can he get married while he is still married to you? Answer, no, not legally. Korea and most other countries in the world recognize his marriage to you. Can he get married to someone else in Korea if he lies about it? Sure, but he’ll be committing a crime.
I am not sure what “benefits” you are talking about regarding your child? I know of nothing which changes for her if her parents get an annulment. Did he file a report of birth abroad for her and confirm her US citizenship. Does she already have a US passport?. If not, better get busy on this, but regardless, she is still a US citizen if her father is, regardless if he is married or not.
Now for you, it’s a different story. If your husband wants to, he can sponsor you for a spousal visa. If you two get annulled he no longer can do this. In my non-legal opinion, once the annulment goes through you can not go to the US for residency until you daughter is 18 and goes to the US, when she can sponsor you.
I can’t say any of this for sure, I don’t know enough about the details, but one thing for sure, if this guy wants to be free of you, convince him to take you and your daughter to the US where he can file a cheap, quick divorce and be free to marry anyone else legally, plus you and your daughter will both be in the US. Don’t just give him what he wants, play the cards you have been dealt, wisely. You need to stand up for your rights as well as your daughter.
Hi ..I am a naturalized American citizen who married a filipina here in California. Things didnt work out. We mutually agreed to separate, which has been over 1 1/2 yrs. She has been in Philippines since. (I remain in Cali). She went back BEFORE she received a green card by the way. She seems to be in a rush to receive the divorce. I am in no such of a rush. Can she do the process of a divorce from the Philippines(if she can..I WILL sign the papers and agree to the divorce) OR can she get an annulment from there(which I assume would void the marriage certificate..allowing either one of us to marry again in the future)? OR must I be the one to file the divorce from California only? She also is(in a threat-like manner) saying she will register our marriage with NSO and will try to get money from me (for financial support). Is that even possible?(again..she never received a green card). Your reply would be greatly7 appreciated, Thank You, Mike D. from Cali.
hi.. i’m filipina separated(but not legally) for 8 years now. i have a boy friend a singaporean we plan to get marry but i’m married here in philippines. my question is.. is there posiblity that we can marry to there country.
Hi ! Thanks God I found your site. I have been to the USA 20years ago holding a fiancee visa (K1) but it turned out to be a disaster, the guy sent me home to Phils in less than a week, and he wrote to the American embassy in Manila that he was sending me home because of incompatibility. He bought the ticket & sent me off to the airport , but instead I changed plane without his knowing & contact my filipina friend . I was enjoying my stay , make my life more complicated, I met another guy suppose to be a marriaged for convenience, got married in Las Vegas, then divorce the next day. However 2 days before end of my 3months visa I went home to Philippines. I got the K1 visa in Hongkong by the way.
My question is ..can I be traced if I apply again for K1visa? I have a fiance & wants to bring me to USA & will apply for me the fiancee visa. I was not telling him I had been to the USA already as it was happened long time ago. The divorced could it be traced too as I don’t have evidence. I’ve never been married in the Phils..Please lighten my mind. Thank you so much!
I filed for an annulment in the Philippines because my estranged husband(Filipino but immigrant in US) found someone else in US and left me behind. I filed an annulment last January 2009 and as of right now, September 1, 2012, still no decision in court.
I have been following up through my lawyer but he said it’s now in the Judge’s hands. It’s been more than a year since it was put up for decision but still nothing. We already filed 2 requests for early resolution but till now, no resolution yet.
Please advice me what I should do.
I have an American employer who filed a work petition on my behalf. It’s not finished yet but what I’m trying to say is that I will have a chance to go to US and it looks like I will be leaving for US while my annulment case is still pending. If that happens, can I file a divorce in US?? I need advice please…
Our reader writes:
I filed for an annulment in the Philippines because my estranged husband(Filipino but immigrant in US) found someone else in US and left me behind. I filed an annulment last January 2009 and as of right now, September 1, 2012, still no decision in court.
I have been following up through my lawyer but he said it’s now in the Judge’s hands. It’s been more than a year since it was put up for decision but still nothing. We already filed 2 requests for early resolution but till now, no resolution yet.
Please advise me what I should do.
Ma’am I am sorry but I don’t know what advice I can give you here. I’m a foreigner in the Philippines. All I know about the courts here is that many learned Filipinos have said the courts are under-funded and under-manned. Does your lawyer know about you pending trip to the US? perhaps there is some way to get the court to give you consideration on that fact, but sorry, I don’t know any legal ways to ask the court to move any faster.
I have an American employer who filed a work petition on my behalf. It’s not finished yet but what I’m trying to say is that I will have a chance to go to US and it looks like I will be leaving for US while my annulment case is still pending. If that happens, can I file a divorce in US?? …
Sorry but you have several strikes against you here.
First, not every US state allows the filing of divorce by only one of the parties. Almost all have residency requirement. So it’s impossible to say when, or how long from your arrival in the US you might be able to file.
But the big strike two for Filipino citizen. If you do file and win a divorce judgment in one of the fifty US states, the divorce is valid in the US but it will not be recognized by the Philippines … so you would remain just as married in the Philippines then as you are now. Probably not even worth the time an paperwork of filing a US divorce as a Filipino citizen. Makes no difference if you are a legal resident of the US, Philippine law will always rule you, no matter where you live, so long as you remain a Filipina. It’s a strict, in my view unfair law, but it’s the law of your country, that’s all I can say. Godspeed.
Good Day//.>..How are you? Could you help me for this issue??
I am a single Filipina woman, Nver been married ..I have now an American man who previously married here in Philippines (civil wedding) in a Pinay girl..Unfortunately after 4 years they live together,..the Pinay left him and cheated him.The Pinay now are living with her new boyfriend,..And now the American man found me and He wants to marry me here in the Philippines in the church..Is he can marry me in a legal way??
Thank you and Godbless
Hi Meldred, thanks for writing in. I am not a lawyer, so this is my personal opinion only.
I do not believe your prospective husband can marry anyone in any country, legally. he is still legally married, So far as I know he has to file for an annulment with the Philippine court same as anyone else married in the Philippines has to do.
Have you consulted an attorney? Perhaps their are issues he that I don’t know about. But to me, at this time, doesn’t look promising for an early wedding, sorry.
Hi Phil. My marriage was last January 2003 in Parañaque City (Philippines) to a Pakistani national. We have 1 child and he’s living with me. He didnt send financial support for our son. Now my husband is married to a Pakistani national and they have child now. he sent me Divorce Deed from Pakistan and he stated that I am allowed to remarry again.The Divorce Deed he sent me its non-judicial but its under notary public and the form is from Government of Pakistan, he said to me that its valid and I will show to Philippine court to recognize the document he sent me.
I showed the Divorce Deed to a lawyer here and he said its not valid. But when I read an Article 26 of the Family Code will apply. The divorce will be recognized here in the Philippines; if the divorce allows the former alien spouse to remarry, the Filipino will also have the right to remarry under Philippine law.
I am really confused. I have an american boyfriend and he said to me I need a CENOMAR for fiancee visa requirement. I want this things done soon.
I hope your advice will enlighten me.
Thank you and God bless!
Mishel
Mishel, Thanks for writing in. I am not sure, though, how i can help. You already followed the advice I normally give, see a lawyer:
Your lawyer said the so-called Pakistani Divorce Deed is not valid. I surely have no reason to argue with thta opinion.
I will say, though, I wonder if you are a candidate for a Sharia court (Islamic Law) divorce. Is your Pakistani husband of the Islamic faith, perhaps?.
Sharia (Islamic) divorce is recognized in the Philippines. perhaps you should talk to your lawyer again about this or perhaps find a different lawyer. Not much else I can do to help, your issues are way beyond my areas of expertise, sorry.
Thanks for your reply Phil, yes, it is a Sharia Law (Islamic Law) document. My ex husband is a Muslim, 100 percent he is. The Divorce Deed he sent to me its translated into English so I dont need a translator.
You might be right that I will find another lawyer who can help me. Who can understand Sharia Law. My question is which of this option I am thinking is best for me, to file an annulment which the lawyer I discussed with told me to file an Annulment or I will go to the court which I am thinking to apply for Recognition of the Divorce Deed, maybe this is cheaper. But I dont know the steps
that is confusing for me…
Your site and with your advice is a helpful for everyone.
Thank you again and God bless!!
Hello Phil,
I am Filipino, separated with 2 kids for 9 yrs and with no support from my ex husband..
he got married to with other woman and have a 3 kids from her too..
i converted to muslim and have plan to marry my US fiance thru muslim law.. He is muslim too..
what will happen to my marriage in my ex husband and in muslim marriage?
Please let me hear your opinion.. thank you
Hi phil,
I have a permanent visa here in canada, me and my wife to file a devorse, if my devorse is granted, can i marry my pilipina girlfriend in australia who studied as an international student? Can i go there ang marry her?
Two different questions here, Mike. First:
If you divorce in Canada it will be accepted in almost every country in the world EXCEPT the Philippines. So you should be legal to marry in Australia.
Second question may be more tricky. I have no idea on the laws regarding you getting residency in Australia. The fact that you are a permanent resident in Canada would seem to work in your favor, but trying to figure out the “ins and outs” of Australian immigration is not something I intend to goo into here.
You do realize, though, and your Filipino intended should realize, that if you pull off this “end around” Philippine law, you marriage will never be legal in the Philippines (in my own personal lay-person’s opinion), correct? Godspeed.
Hi phil,
Im pilipino citizen and we are now in canada, if i am devorse here in canada can i marry my pilipina girl friend in australia who study as international student? Can i go there and marry her? Thanks.
HI there! I hope you can find time to answer my question. Me and my Ex husband are both filipinos married here in the Philippines last 1991. We separated June 1997. after a year i think he went to the US and lived there with his mom. We never spoke till then but just a few weeks ago he told me to file our annulment here in the Philippines. He told me that he filed for our divorce in the US last 2001. Just yesterday he married another Filipina in the US , but i’m just not sure if she’s an american citizen already. He told me that he also acquired his citizenship there just a few years ago. Now, what should i do? should i file for an annulment? or a petition for nullity of our marriage here? is the divorce he filed valid here? thank you..PLease advice me…
@ Micky Gallardo
Thanks for writing in. Sorry for the delay, I’m dancing as fast as I can here. I really can’t answer your question adequately because there is an important fact misisng. When you husband from 1991 filed the divorce in the US, intending to free himself from his marriage to you, was he already a US citizen then, or did he become a US citizen after his US divorce. This makes all the difference in the world to you.
If he WAS a US citizen, then you can file a case in Philippine court to have that divorce recognized as valid, because it was granted by a foreign court to a foreign citizen. That court case can also instruct the Philippine NSO to change your “civil status” from “married” to “single”.
If he was NOT yet a US citizen (US Legal Resident doesn’t count), then you are, sadly, in the unique situation which happens to so many Filipinos. The divorce is legal under the laws of the US but not legal under the laws of the Philippines, and you are still married. You have to file for an annulment here in the Philippines.
So find out, legally, the exact dates of his citizenship and his divorce and take action accordingly. Godspeed.
hi PHILLY:i am migrated here in the US since 2006 i was carried to my dad cos im under age before.in 2008 i went back home to philippines to get married to my boyfriend.2009 march i went back here in the US
but i didnt change my status as a single before 2010 we got separated with my husband cos he cheated with me now he had a new family and i have my own two.my bf planning us to get married this year do i can get married here in the US even im not annul yet in the philippines?
@ menchie:
Wow a lot of questions there. I can’t answer authoritatively because I don’t know, first of all, your citizenship. Are you a US citizen? Were you a US citizen when you got married? Are you worried about living in the Philippines in the future … owning property, claiming inheritances, owning a business and such.?
Also I don’t understand what you mean by ‘separated’ from your husband. A legal separation doesn’t allow the parties to re-marry in any country. A divorce does, in any country except the Philippines in some cases.
So before you can expect a good answer, you have to figure out if you need to get a divorce from your husband. If you are a US citizen, and legally divorced from him in the USA and if your new bf is legally able to be married, I don’t see any problem with you getting married in the USA But, again, ‘separated’ doesn’t mean divorced, from from what I read from your question, your biggest problem may be with being free to marry in the USA, don’t even think about the Philippines.
hello i got a question to ask, i need some advice , i got married 5years ago in aboard, and its didnt work out, and i got divored may 2011, and i got new bf ,and we engage, and we want to marry, but am i aloud to get marry again ,in aboard?
Good morning!!! I am Filipina who is married in Japanese National here in Philiipines I got petitioned by him and stay in Japan, but the Japanese government invalidated our marriage and I was deported back here in Philippines. I dont have anymore contact from my previous husband. The Japanese Government did not give us a divorce paper because they prove that our marriage is not real (which is true). Do I have a chance of remmarying again? I have a Japanese boyfriend now and we have a child, he wanted to marry me here in Philippines.
@ KarMel Go: Wow! I surely don’t know many answers to this dillema. But the first question I have is, does the government of the Philippines think your marriage is valid .. since the government of Japan did NOT think it was?
Go to <strong>e-Census and order a CENOMAR for yourself. Costs only a few hundred pesos. If it come through you are good to go to get married in the Philippines. If it does not come through, then you will know where to get started with your lawyer. You need one!
Hi,
I am a Filipino I work in Saudi Arabia for more than 20 years. I got married in the Philippines in year 2000 but the marriage did not work out. We have not been staying with each other since I left her 12 years ago.
I went to Florida USA, as I have been granted 10 years multiple visa to US, this year and found love with an American divorced woman. We plan to marry. Where can she file for a petition for us to get married in the US?
Hi Jerry,
Thanks for writing in. An interesting question there, however I fear the answer I am going to give you is not going to please you very much.
Even though you have not lived with your current wife for 12 years or whatever, the fact remains you are still legally married. I suggest you read my article on this subject here: Can I Get Married Even If I Am Already Married?.
If your intended wants to file a Fiancé Petition for you, you MUST be free to marry before it will be granted. No ifs, ands or buts about it.
If you travel to the US and marry in Florida under your tourist visa status, you have two problems:
1. Under Florida law this will be illegal, under both Florida Law and Philippine law.
2. If you were to ignore Florida law and get married anyway, when you petition the USCIS to change your status from tourist to legal permanent resident (Green Card) becuase of marriage to a US Citizen, then, when the USCIS checks your marital status (and rest assured, they will), then your petition will be denied becuase your Florida marriage will be illegal.
You can not get rid of a wife by just living apart from her and “hoping’ the marriage will go away. It won’t.
You’ve had 12 years to get yourself free to marry, but you didn’t take advantage of them. You now have, in my layman’s view, no choice except to file for and wait for an annulment under the laws of the Philippines. Godspeed.
Hello Angel,
Sorry it takes me awhile to get around to these questions. You guys are sometimes very demanding. frankly I didn’t answer the first comment yet because I have no idea how to.
You have a good concept of what is going on here, and you know, in your heart, the answer to your question. It’s not good. I can’t change the laws of the Philippines, all I can do is try to live under them.
Let’s re-post your original question and my comments:
Hi Phil,
Good day to you. I hope u could give me an answer to my question. Im a Filipina married to Tunisian man. We got married in UAE thru Shariah law in 2006. But we did not register the marriage contract in the Philippine embassy in UAE or here inPhilippines. We separated in April 2011 but he did not agree for divorce. I am back in Philippines after the separation. I would like to ask if our marriage is valid here in Philippines? Will there be any problem if i get married again?
I hope u could give me an answer. Thanks in advance.
Hello Jenny S., thanks for writing in.
The answer to your question is, yes, technically your marriage is legal in the Philippines. Will the Philippine know about it? Likely not.
Should you just go ahead and marry here in the Philippines, conveniently ignoring the existing marriage? Well, bahala ka. however, your marriage will be based on a lie, and even if it is remote, the existing marriage might someday jump up and “bite” you legally.
Fortunately, there is a much safer route. Since the existing marriage is under Sharia law, just go to the closest Sharia court and divorce the man. You do not have to be of the Islamic faith to divorce a husband under Islamic law. It is relatively cheap, takes only a couple weeks, and will be recognized by the Philippine NSO, causing them to change your “civil status” from married to single.
Based on personal experience with a Christian woman who just went through this procedure less than a year ago, I believe you can do this with no problems, but as will all things Philippine, YMMV. Godspeed.
I spoke with a law office in the philippines. If you are a foreign national ( primarily i speak to those who are a U.S. Citizen) you may find this helpful.
There are two matters at hand here severance of marriage in your country recognized by every country except the philippines, and getting it recognized by the filipino government. According to a filipino Law office to satisfy filipino law the foreigner could obtain the divorce outside of the philippines submit the disolution papers before the Philippine Consulars office in the country or territory you are residident of, then the divorce decree is to be submitted to the Philippine NSO. That will allow the divorce to be recognized in the philippines. If you live in the philippines and are a U.S. citizen you may consider for expedience traveling to Guam ( a U.S. territory)( Residency can be had quickly in Guam for U.S. citizens) there are more than one law offices to choose from i have no opinion favorable or unfavorable toward the following. I simply put a link here http://www.guamdivorce.us/. There is a Philippine Consular office in Guam… ( http://embassy-finder.com/philippines_in_guam_usa ) A filipino lawyer may not want you to know this information as he wont be making any money off of it. Anyways make the calls do the homework yourself. I am not a proponent of divorce rather an advocate of trying to make marriages work. Sometimes however marriages become totally unsalvageable and it is not fair to the one to be tied to a spouse who has no intention of fulfilling their vows or continuing a relationship. Do investigate your option and check to see if this is a viable option if so inclined. If anyone has tried this venue successfully or unsucessfully please do share the ease or problems and what went right or wrong with the process. Thanks please reply. Salamat P.S. Remember that Adultery is a crime in the philippines and so is Concubineage (married male living with a mistress). Philippine R.A. 9262 pychological abuse please read http://famli.blogspot.com/2006/01/adultery-concubinage-and-psychological.html. Adultery is no joke in the philippines if you have a spouse who pushes it, you can get prison time for it and /or deported. I spoke to a few political people and they told me in my case their is a bit of biased in these cases against foreigners this came from filipinos mouths and I do concur by experience.
Great, informative comment. “Johnny”, thanks. See the article I made from it at http://philfaqs.com/live-there/philippine-divorce/do-i-care-if-she-is-already-married/
Hi Phil.
I got married to a US Citizen in the Philippines but I just found out that his divorce was finalized a few months after our marriage. He is back in Illinois now and is planning to file a petition for me.
I have questions that I need some clarity,I hope you can at least enlighten me.
1. Is our marriage legal? If so,can he file a petition for me as spouse? If its not legal,should I file for annulment for our marriage and then re-marry so that we may know what type of petition to file?
2. Will he be guilty of Bigamy in the US?
My husband and I really love each other and just wanted to be together. Please help me.
Hi Angela,
This one is areal ‘head-scratcher’, as you might imagine. Remember I am not an attorney, but my opinion is, technically your marriage is illegal in both the US and in the Philippines, because your husband lied regarding his ‘capability to marry’.
That being said he has now corrected the issue. Does it matter now? Will the US Embassy look at the dates on your current marriage certificate and the date on his divorce decree and notice that the marriage came before his divorce?
Let me throw this question back to you. Do you think these folks who are dedicated professionals who do nothing all day long but examine these sorts of issues pay attention to their work that day? Maybe yes, maybe no.
Do you play poker? Want to push “all in” on this?
That is exactly what you and your hubby will be doing if he files a spousal visa application based on an lie.
Should you file for an annulment and then remarry? Wow, what a mess that would be time and money-wise. And what would your grounds for the annulment be? Philippine law doesn’t just allow folks to get an annulment because they want to have one, you know. Now he can file a divorce in Illinois, but according to my reading of the Illinois law:
http://www.divorcesource.com/ds/illinois/illinois-divorce-laws-674.shtml
the marriage must be at least two years old, and then, if a divorce is granted by Illinois, you must file a petition for recognition of this divorce with a Philippine court and await a ruling from them … could take several more years.
What to do? Same advice I try to give everyone her. When you have a legal problem, you need an attorney, not a bunch of opinionated lay people on line (like me). Free advice is worth just about what you pay for it … nothing. Godspeed.
Hi philly
Please hrlp me before i start every thing i am ofw here in hongkong i am divorce but philippine doent accept divorce nisi hongkong so what i need is me and my fiance planning live UK my problem is i still have married name atouch in my passport ，do you think the uk embassy allowing me to apply as fiance with my married name passport and my divorce paper，please help before i start so that i know what i need to do
@ Marizasoroten:
Thanks for writing in. I’m a little confused by your question, though.
The rules of eligibility for a fiancée’ visa (in the UK it is called a settlement fiancée/fiancé visa), the rules are the same as for any other country I know of which does not allow plural marriages.
As you have already stated, you are married. The Philippines does not accept your divorce. The Philippine family Code applies to all Filipinos, world-wide, and the UK is bound to accept the laws of the Philippines. I know of no way for you to proceed except to obtain a legal status n the Philippines of ‘single”. Under current law, Philippine marriages can only be terminated under the Philippine Family Code which normally means an annulment case in the Philippines. Godspeed.
Hi,
My husband and I married here in the Philippines after few weeks of marriage he went to the US. After ten months of no communication, i found him in FB announcing to the whole world he was engaged to another woman. I told him that if he wanted to end our marriage, there was a need to file for divorce. I got the divorce decree copy two years ago I was under the impression that he was already a naturalized citizen when he filed for the divorce only to find out recently he filed it while he was a green card holder. My problem is, i have a USC bf who filed for petition of K1 visa last month. Is the divorce decree sufficient enough to show when i get the interview set for me? will i be denied visa for this? I dont have plans to marry in the Philippines anyways…need advise on this.
thanks
@ Patty:
Thanks for writing in. Sorry, though, I don’t think the news I have for you is very pleasant.
IF you husband/ex-husband was a Philippine citizen when he filed the divorce … doesn’t matter that he was a permanent resident of the US, the divorce he filed (and was granted) is another of those absurdities we talk about here often. The divorce is _NOT_ recognized by the government of the Philippines, therefor you and your husband are both still married so far as the Philippines is concerned.
Regarding the K1 that is already submitted?
Unless something gets overlooked, it’s a dead issue. The first requirement for a K1 Fiancee’ visa is that both parties have the legal capacity to marry. Unless the US Embassy fails to check with the NSO here in the Philippines, it will be immediately obvious to them that you are _NOT_ legally capable of marriage, therefore, visa denied.
I doubt you will ever get to the interview step in the process, it would be a waste of time, since you are not eligible for a US K1 visa, based on the facts you told me.
Wish I knew what to tell you to do, I really have no idea.
Too late to help you much now, but thoughts for the future … and for everyone else reading here who is ever in the K1 decision process. before you file the paperwork and spend all the money to submit the application, take a few minutes and request a CENOMAR (Certificate Of No Marriage Record) from the Philippine NSO. It’s simple, easy and cheap to do online at http://www.e-census.com.ph/ and it could save a lot of uncertainty and possible wasted expense. Godspeed.
Hi Phil.. My sister in law just got married to her husband with “separated” status but not annulled. They’re both Filipinos. We are all aware of their case. We know that they are matured enough and so in love with each other. My question is, is their marriage valid? They had a civil wedding, and they said that the it was a judge who married them (personally i doubted that he was a judge). they are married now, but was it binding?
Hi, I am a Filipina and I am married to a Filipino in the US. Can we have a divorce here in the US and will it be recognized in the Philippines?
No and no. (Not unless one of you is of the Islamic Faith and you divorce under Sharia’ (Islamic) Law). As Filipinos, you are both under the Philippines Family Code and the Philippine Family Code forbids divorce between Filipinos. If you divorce each other in the USA, it will be recognized in the USA and almost all other countries, but it will NOT be recognized in the Philippines. Sorry.
Hello,
My situation – Me and my foreign X-husband got married in the Philippines. After a year of waiting for the petition, I came here in US. Because of so much differences, after 4 years I filed a divorce in California, it was uncontested so easy peasy after 6 months it was granted. (I didn’t ask for any support, no separation of property etc..I just want my freedom)…Now after a year I met my boyfriend, he is a Phil-am, I am a permanent resident. We are planning to get married in the Philippines, is this possible?…can I re-marry in the Philippines when I got the divorce here in US. Note: I was the one that filed the divorce.
Thanks,
hope to get some helpful answer..
Hi Rein,
Well you can hope all you wish, but you can’t change the Philippine family code. Your divorce is valid in California and most other states and countries but both parties to the divorce were Philippine citizens and this there is no legal way to get the Philippines to recognize the divorce. Sorry, I don’t make the laws here, I only try to live under them.
hi phil,
is it possible to get an annulment here in the philippines if the marriage took place n america..?both parties were still filipino citizen.if so , thus the annulment valid in america?
Yes and yes. No problem.
Hello Philly,
I am a Filipina married to a Norwegian man. We got married here in Norway. I found out that my husband is previously ( still ) married to another woman in the Philippines and they have a child. My question is, does our marriage valid? Am i entitled bigamous if at the first place I didn’t know that he was married? thank you so much for your help:-)
Hello Maricris. Indeed you are in a bit of a pickle here. I believe your existing marriage to this man is not valid. In fact under the laws of most countries I am sure it is invalid “ab intitio” … from the beginning.
Could you be in legal trouble becuase you husband deceived you into marrying him? Probably not.
But, and this is a big but. You must not let this ‘slide’ because it’s expensive and embarrassing to go see an attorney. There are hundreds of comments and questions on this article by people in one sort of ‘pickle’ or another, and the majority of them are in worse trouble because they didn’t seek legal assistance. You need to. Do so. God speed.
I have one for you …. My girlfriend was married in the philippines over 8 years ago. later when she was 8 months pregnant she found out that her husband was already married to another woman the next town over and had children there too… she left him and stopped using his name as soon as she knew the truth ..So basically her marriage to him should be null and void ? … In the meantime he moved to canada to work and has since become a canadian citizen… she also had moved to a different part of canada for work and is now considered a permanent resident in canada … I live in the US and she is here on a vistors visa.. after she got here we have become very close and we have decided that we want to get married … she has already started the annulment process in the philippines 6 months ago and in a discussion with her phils attorney yesterday she was told that “maybe” by June of 2013 the annulment might be finalized… I find it very hard to believe in a case such as hers where her husband was already married when she married him that it could possibly take that long to process … we do not want to wait that long obviously … my question is this … what are our options ? As i stated before he is a citizen of canada now and she is a permanent resident of canada … can she file for divorce in canada ?? she has a permanent residence card. or if only a citizen can do it … can he file the divorce?? Im not concerned with the legality of our marriage in the philippines as we plan to marry and live in the US … but can one of the two of them file for divorce in canada ??? and if so will that satisfy the US immigration that she is free to marry ?? please help me with this …
Hi Warren, Thanks for writing in with a “meaty” question. There is way more here than I want to answer with a simple comment, so please refer to: Make the World Go Away … or, at least, Her Invalid Philippine Marriage
i’m married with a korean nationality last jan.28 2012 and i found out that my husband’s and my signature are wrong. what should i need to do to correct our signature.
@ jhonen: Thanks for writing in, and thnaks for the vote of confidence, but really I am nowhere near as smart as you might think.
I have no idea what form you are talking about with the wrong signatures, I have no idea in what way you feel the signatures are wrong and I have no idea what you should do to correct it.
I recommend you go first to the agency that ‘owns’ the form you are Kaitlin about and ask them what their procedures are to correct the problem.
Sorry there is no way for me to know what you should do … they are your forms and only you can find out what to do to correct the problem.
thanks for your reply. let me try to explain it as simple as i can. i think what happened is that, when we get married, the marriage contract we have was signed by a different person. that day, there are several couples who got married. and i think what happened is that, the judge who facilitated the wedding had our marriage certificate being signed by the other couple. the thing is, i’m now applying for a visa so i can go to korea, but the embassy denied my fist application. i waited 6 months and re-apply but now, they asked me to present another copy of my marriage certificate. i just wanted to know what should i do in order for me to correct this matter and have my visa. thank you.
@ Jhoen
OK, I guess I have half the story. I notice you wrote several times in the past asking about getting a fiancée’ visa while you were still married. We never really finished that discussion.
It sounds to me like you have a problem with the judge … and the other couple too … did you ever think that they might have the license with _your_ name on it, since you have the license with _theirs_?
Contact the other couple involved, perhaps it is as simple as exchanging the documents and all four of you being on your way.
If not, as I said at the beginning, you paid a judge to do something right and it looks like he got it wrong. Better contact his office.
And here’s a tip … READ everything you sign and all documents BEFORE you leave the place of signing. Mistakes can happen anywhere, and no one else is responsible for _your_ documents except you. Godspeed.
Hi.I’m a Filipina married to a U.S.citizen.We were married here in the Philippines.We are married for almost 11 years and we have 4 kids.He’s in the U.S.Navy.My husband is stationed in California but me and my kids are residents here in the Philippines.My husband filed a divorce in California and he sent me an acknowledgement receipt for me to sign but I don’t want to sign it.What will happen if I don’t sign the acknowledgement receipt he sent me through email?Before I sign any papers coming from him,I want to give him first my demands before signing.
@ Sweet: You are in a precarious legal situation here. California is a community property state, and especially after 11 years of marriage you (and the children of the marriage … I assume the ‘my kids’ you refer to are your children with him?) at the very least deserve support and protection for the future.
Every time I advise people to seek legal advice they come back to me with the “I can’t afford it” excuse. You can NOT afford NOT to seek legal representation and right now, today!
In addition to all the other rights you and the children have, you yourself almost assuredly have a claim on his future pension. Many other issues are involved here as well. Get an attorney (one who practices in California and knows California divorce law) now, today! Stop cruiisng around the Internet seeking answers from non-professionals like me. This is way too important to ignore.
I would also, today, write a letter to the court … the address is on the form he sent you and state, just simply this: “I do not agree with the proposed divorce proceedings. and I do not consent. I am seeking competent legal assistance today and I request the court delay all proceedings in this matter until I can engage an attorney.”
Do it right now, put it in an envelope go to the post office and send it by certified mail to the California Court. Don’t talk to your husband about it, or other friends who may assist him in trying to cheat his way out of this marriage. If you just ignore the forms and don’t sign, the court in California may decide the case in his favor by, in legal terms, default. Not taking action on this is the same as agreeing with the divorce. You then give away your future and your children’s future.
One place to find lawyers who know what they are doing in California is here: http://www.divorcesource.com/ds/california/california-divorce-facts-4466.shtml
I also frequently recommend Attorney Mike Gurfinkel .. you’ve seen him on ANC I bet. Whatever you decide, do not shilly-shally and delay. Godspeed.
Hello Phil,
I am an American citizen, and I have a few questions also, I brought my Filipina wife to the USA on an F1 visa, after 9 months of living in USA she didn’t care much for living in USA as she missed her family to much. So I decided to move to the Philippines. After living with her for 6 months she really started changing I mean in a bad way, all she ever wanted was money and expensive things. I have decided to divorce her and am in the process to do so, she contacted me and told me she had talked with a lawyer (which I doubt), but here is my first question. He told her that if I divorce her she can have me kicked out of the country or not allowed back in the country. Is this true? Can she or does she have the power to not allow me back in the country? Or is this just a scare tactic? I am sure she is just trying to get more money out of me? I know you cant think for her just asking your opinion.
Thanks
@ Ray: Thanks for writing in. Since this question is very divorce specific I have moved it to my new, divorce-dedicated site, Divorce Filipino, Marriage, Nationality and Divorce in the Philippines We can continue any discussion there.
hello phil.,i am married to an american man and he is planning to file a divorce but we are married in the philippines my question is can i still marry to another american man here in the US after the divorce is final even if I’m married in the philippines?and i have a 2 years permant green card ,will i get deported back to the philippines if we got divorced before the expiration date of my card?and please help me what to do to renew my card even without my husband so i can still stay here in the US..
i hope you could answer my questions.,,
April
@ April,
Sorry to hear about your troubles. This is such good (and complex) question I answered it in its own separate article, here:
http://philfaqs.com/citizenship/will-i-lose-my-green-card/
Hey Phil!
Background first. Currently married, both me and the wifey born and married (in a Protestant-Methodist Church although she is Catholic and the kids baptised Catholic, if that makes any difference) in the Philippines, emigrated (entire family, with the kids, on one flight) to the US over a decade ago under immigrant petition filed for me by my Dad when I was still a kid. At the time of marriage and move to US, I was a Statless Citizen (but traveled to US on a RP Passport acquired thru my then-Padrino). My Statelessness also recorded on Marriage Cert and the kids’ BC’s. Since been naturalized US Citizens (whole family at the same time). Kids are now 20 and up. Currently resident in the US.
Wifey entered into a relationship with another guy (coincidentally a former classmate from the PI who lives in California…thank you Facebook…NOT!) and she moved out. Their nearly 2-yearlong fling over, she wants to come home, BUT….
Talking divorce, which would be mutually uncontested. No way I am accepting that back, if you know what I mean. This will most likely be initiated by me, sometime in the next 2-3 months.
Now, my question would be: what should I do if I should ever consider marrying another Filipina again. Not that I have one waiting in the wings yet, but it seems there are extra steps should I ever want to do so. I would just like to keep my options open, and want everyting to be above board.
I know, weird question because I do not have a sticky legal situation going on (as most posters seem to have).
Stumbled upon your website purely by accident (initially about jobs and starting businesses in the PI), and just wondered what (if any) info or pointers you could give me.
Thanks in advance, belated Merry Christmas, and a Happy New Year as well!
Cheers!
@ RichG
Sorry to take along time answering this. I’m dancing as fast as I can here, which isn’t easy, as I have two left feet. I lost the bubble somewhere in reading you message. I understand that you are a US citizen. Is you current wife (who is contemplating a divorce) also a US citizen? Seems that she is, yes?
If she is also a US citizen, makes no difference who files for the divorce. If YOU are the only partner with US citizenship, it would be easier for all concerned if YOU filed the divorce.
A divorce filed by a US citizen can be recognized by the Philippine court system and make your civil status be changed to “single”. Do you even know your current NSO Civil Status?
Anyway, it’s a no fun situation you are in, but I see no impediments to your future Philippine happiness so long as the divorce is filed by a US citizen.
my sister is an OFW in hongkong . she is very much married here in the phils. and have a child with her husband here. she met an american guy in hongkong and they had a baby recently. can her husband file adultery against my sister, and can she be deported from hongkong if the husband go to court and ask for her deprtation?
@ Kim Leah:
Interesting question. I have no idea, sorry.
Hi. Below is a brief description of my marital status:
1. Retired in the U.S. Military back in 2008.
2. I have acquired U.S. citizenship through naturalization while serving the military.
3. Left U.S.A. also in 2008 after my retirement and lived in the Philippines. My former wife chose to stay in the U.S. so as my children.
4. I have acquired dual citizenship (U.S. Citizen/Philippine Citizen) also in 2008.
5. I have not left the Philippines ever since I came and live here in the Philippines after my retirement.
6. I was married with my former wife in the Philippines and were both a citizen of the Philippines at that time. We got married in a catholic church.
7. in 2009 my former wife, with an immigrant status who lived in California at the that time, has filed a divorce. Surely it went through and was issued a divorce decree which I also have a copy.
Here are my questions:
1. Is the divorce honored here in the Philippines based on the information I mentioned above? If yes, can I be able to re-marry again? What shall I do to completely legalize my divorce with my former wife as far legal matter here in the Philippines since we were married here to begin with? If not, then what shall I do to once and for all be legally separated with her here in the Philippines?
Thanks.
Rey
@ Rey:
Thanks for sending in a doozy of a question. I spent a lot of time on it and still wasn’t able to find a really definitive answer for you. Here are my current thoughts.
http://philfaqs.com/live-there/philippine-divorce/some-marital-question-have-no-answers-in-the-philippines/
hi,
i am a filipina got married in philippines to a canadian. i have a permanent esidence status there but chosen to stay in phil now coz of abusive situation. Based on your article i am only allowed to file for annulment here and not a divorce? could i possibly file a case against him once he go here in philippines? please give me any advice as i need it badly. thank you.
@ Lynn:
Thanks for writing in. Sorry to bring you this news, but there is NO Divorce in the Philippines(with some very narrow exceptions for those of the Islamic faith). Sorry. The fact you had Residency Status in Canada does not change the fact that Filipinos are subject to the Philippine Family Code wherever they may be in the world.
If you stay a Filipino you are right, your only direct path to marital freedom is to file an annulment in the courts of the Philippines.
I don’t know what you mean about “filing a case against him” if he comes to the Philippines. A case for annulment? You can do that at any time. A case for spousal abuse (I assume the abuse situation you mentioned involves your husband? You can “file a case” against almost anyone at any time, but it likely won’t do you any good.
Now since you are married to a foreigner, and since your marriage isn’t “going anywhere”, the smartest, fastest and by far the cheapest way out is to convince _him_ to file for divorce from _you_ in Canada. Divorces filed by foreigners against Filipinos ARE recognized by the Government of the Philippines. You would be free, he would be free and the whole mess would be finished.
I don’t mean this to sound critical towards you, but many others read these comments as well. I see this happen all the time and I wonder why.
Philippine women! heed! If you are in an abusive relationship overseas, take action _there_. Don’t run home to the Philippines to escape it. You can’t get free of the low-life who is abusing you here. Go to the police, in your overseas country and file a complaint. Get him in legal hot water and offer him a deal where you will drop the charges in return for a divorce that _he_ files for, and _then_ return to the Philippines and file a relatively simple case to have the foreign divorce accepted by the Philippine courts and you are free to rebuild your life. Running back to the Philippines becuase of an abusive spouse typically makes a bad situation worse. Godspeed
Hello Phil,god speed to u.ive been reading your article but I have a little bit question.
I’m already divorce to American almost two years ago.i was the initiated the divorce here in NYC.
Then planning to remarry this year and I know I’m still married in pinas which we gotten married there last 2007.
And I read also that it’s legal under American law that I can remarry here.i have no desire to remarry in pinas or to live there.
Is is possible i could change my last name to my passport under my future husband?my passport still philippine passport though..then my 10 GC coming soon and I think my lawyer said it be back to my last name.
So what do u think about my situation?pls reply.thanks a lot
@ Ella:
What do I think about your situation? I think you know you are still legally married. I think (know) when you apply for a marriage license in the State of New York you have to swear that you are free to marry, which you are legally not.
Please read this article:
Can I Get Married Even If I Am Already Married?
Now tell me what you think?
If your real question is, what do I think about starting a new marriage based on a ‘kabuki play”about hiding your Philippine status from the state of New York in hopes that the truth will go away if you just ignore it?
I personally think it’s a horrible idea. But you are free to do whatever you think as morally justifiable in your life …I’m not your lawyer, your father or your priest. Bakahal ka and Godspeed.
Hi Phil! It’s nice to know there’s a website like this. So many questions were answered quickly.
I also have a question. My fiance is a permanent resident in Canada. He got divorced last 2008. They are still Filipino citizens the time the divorce was approved. This 2010, his ex-wife became Canadian citizen and married her boyfriend. As of now, my fiance is waiting for his canadian citizenship to be approved.
My questions are:
1. Will the court in Canada allow my fiance to file “again” for divorce as Canadian Citizen?
2. If the court would allow him to file for divorce for the second time around and got approved again, would it be (divorce) recognize then in the Philippines?
3. Can we get married here?
4. If yes (pertaining to question 3), do you know the steps or papers that we need to secure to get married here in the Philippines?
Thank you so much in advance Phil!
@ sweetie:
Thanks for writing in. Let’s break your questions down and answer one by one:
1. Will the court in Canada allow my fiance to file “again” for divorce as Canadian Citizen?
I have no idea. You need to consult an attorney qualified to practice in Canada. On the face of it, I think the answer is no. You can not terminate a marriage which is already terminated. This would likely be termed a frivolous case by the courts and thrown out without being heard. But again, you need a qualified answer, not some non-lawyer’s personal Internet opinion.
2. If the court would allow him to file for divorce for the second time around and got approved again, would it be (divorce) recognize then in the Philippines?
Probably yes. But remember a divorce by a foreigner against a Filipino respondent is not recognized automatically in the Philippines. The Philippine citizen must file a case in the proper Philippine court for recognition of the divorce.
3. Can we get married here?
I don’t know where “here” is, and I don’t know if you mean before or after the hyothetical situation where the now Candaian citizen was able to file a second divorce and have it recognized in the Philippines. I need clarifictaion on this.
4. If yes (pertaining to question 3), do you know the steps or papers that we need to secure to get married here in the Philippines?
No, do not. All I know is, you need an attorney, because none of this happens automatically by virtue of any foreign divorce. You will not find the answer on the Internet, in my opinion. When you need an attorney, you need an attorney. Godspeed.
Hi,
Is the divorce between a Dual Citizen couple ( U.S. and Filipino Citizenship ), is recognized in the Philippines? ( just in case I want re-marry in the Phils. someday ) We should have applied for the divorce first, before we re-acquired our Filipino Citizenship?…I read in some of your posts, that divorce between U.S. Citizens, are recognized in the Phils. How ’bout if they are Dual Citizens? Please help. thanks.
@ Sophia
Your question is appropriate but too complex for me, sorry. Read Some Marital Questions Have No Answers in the Philippines for some more background on this. The law does not specifically address the exact situation you are in, so you really need a qualified attorney to render an opinion, I have already written all I can on the subject. In over my head. Godspeed.
hi there!hope you can help me. my husband is a pakistani muslim and we got married first time in 1998. having our marriage contract registered under the local civil registrar and sharia court. i filed a divorce and was granted in 2007 under sharia court. we have 2 kids. after 5 years, he came back again to the philippines and reconcile again. we decided to remarry again last year of 2012. my question is, since our first marriage was already divorced, what would be my civil status?is it appropriate to write “single” on the 2nd marriage contract?or should i write in “divorced” as a civil status?i hope you can answer me. thank you
@ criselda janapin;
Thnaks for writing in. An excellent question. I call it an excellent question because unlike many I get here, I have a definitive answer. What should you put in your “Civil Status” entry? My (non-legal) advice is, exactly what the Philippine NSO _says_ your Civil Status is.
Don’t know? You should, before you enter into another marriage and find out your Civil Status was wrong at the time of the marriage.
Go directly to e-Census and order yourself a CENOMAR. Costs only a few hundred pesos, takes only days to arrive, and tells you exactly what you need to know. Godspeed.
phil, according to the 4 lawyers i have visited for a counsel, the fact that the marriage has been divorced, therefore my civil status should be “single”. it’s a bit confusing coz some other says that it should be divorced. i need an exact answer because the 2nd marriage contract was written “single” on the civil status. thinking that there is no law when it comes to civil status written on the philippine constitution. if there is,please inform me. thanks a lot
@ criselda janapin:
thanks for your comment, but I am at a loss as to what to else say. I’m a layman offering a free public forum and now you want to draw me into an argument with four different lawyers? No Way, Jose’ (is that an official lawyer term?
)
I gave you the best answer I could. All the lawyers in the world might offer their opinion and I have no idea who is right or wrong. Doesn’t matter.
I know what the US embassy uses to determine a person’s civil status in the Philippine … and I gave you a link. The embassy doesn’t call up attorneys and ask their opinion, they query the NSO database and what the database says essentially _must_ agree with what you put on the form.
If what you are really asking is how to deal with difference of opinion as to what your NSO status is, and what your lawyer advises you that it should be, then you need to follow Philippine legal procedures to get the NSO status changed.
Otherwise, you fill up the form based on what the NSO says your status is. I can’t see why this is complicated. Either go by what the NSO says your status is, or take the proper steps to have it legally changed. I see no other alternatives.
Lawyers may disagree, but their opinion doesn’t count with respect to what the US Embassy says, in my opinion. I don’t want to argue, and I certainly can not offer legal advice. In lawyer’s terminology thew question is asked and answered. Let’s call the subject closed, please? Godspeed.
by the way phil, the man whom i was married for the second time is also the man whom i married for the first time. so he is the one and the same person. we got divorced after 7th year of our marriage and then remarried me again after 5 years of being separated.
Well, now that the HR (Health Reproductive) Bill has passed through both chambers of the legislature, and the new SIN Tax has been established, It’s time to dust off the Divorce Bill that has taken a back burner the last couple years to the aforementioned legislation. I posted two articles today about the proposed law and about my takes and views about divorce being legalized in the Philippines. You can read about it by clicking on my Avatar above.
While divorce is not recognized in the Philippines, it could be a good to take a step into legalizing it on a case-by-case basis.
@ RandyL:
Thanks so much for dropping by, Randy. Nice to meet another sufferer from dyslexia as I am, it’s the Reproductive Health (RH) Bill, but we knew what you meant
.
I am interested indeed in seeing what the long-promised divorce bill will change regarding the current dreadful situation regarding divorce here in the Philippines. What I have seen about it so far is not encouraging. It seems almost to be a restatement of Article 26 of the Philippine family Code, simply changing the word annulment to divorce. One will still have to prove in court that the other partner in the marriage committed one of a very narrow series of offences or, no divorce. But to live is to hope, so let’s see what happens.
By the way you are welcome to link to your blog here, but clicking on your avatar doesn’t seem to work for me. RandyL writes (very cogently, I might add) about living in the Philippines at Retired In Samar for those who would like to know more about living here. Godspeed.
Thanks Philly for the kind words. Actually, I don’t suffer from dyslexia (unless !’ve been drinking), I’m just a bumbling keyboard idiot!
I see now that the avatar is not linked to my profile as on other sites (maybe it’s just a wordpress thing), but my name is linked. So when you click on name that has been profiled, it will redirect. I sure hope they get the divorce thing right, but as I mentioned in my post, it just might open the other can of worms which is alimony and child support. The lawyer community should like that. :/
@ RandyL:
Oh yes, spousal support and child support. Almost unheard of in the Philippines. yet with so many lawyers here … wow. It could be a goldmine for them all
You know it is an irreverent joke .. yet kind of based on truth … that the VFW Posts in the Philippines are not part of the excellent veterans organization, Veterans of Foreign Wars, but instead the letters stand for “Victims of Former Wives”. (Joke, lang)
Hi..I am a filipina, we got married here in Philippines last year with my American husband. But we decided to get separated..I am still here in Philippines he file me a visa but my visa still on process. He is going to file a divorce in United states..Once our divorce granted,is our marriage here in Philippines will still valid? Can I still re-marry again into other Foreign guy? Hope u will help me..thank you..
@ cres:
If your current husband, a foreigner, divorces you, your legal remedy under Philippine law is to file a case in Philippine court to recognize the divorce as valid and to change your “civil status” in the Philippines to “Single”. Unless and until that happens, under Philippine law, you are still married, and no you can’t rush off and marry someone else, because that would be a crime … bigamy. So says my personal opinion.
Dear Phil,
Thank you for creating this site and sharing your knowledge about marriage, nationality and divorce. I do realize that you are not a lawyer, but I would still like to learn what you know about ways to resolve my dire situation. Please help.
I am a US citizen and got married a year ago in the Phillippines to a Filipino citizen. We had a court wedding and not a church wedding if this makes any difference at all. We both have never been married prior to this. Two months after returning to the US and leaving my Filipino husband behind, I started to file his petition to come to the US. While on the waiting process and for an INS approval, I learned that my husband was just using me to come to the US. As soon as I learned this, I wrote the INS and disclosed my situation and requested that my petition to my husband be canceled and abandoned immediately. The INS did respond and granted my request.
Because of this horriffic experience, I just want to be able to forget about this and move on with my life. I will never want to marry in the Philippines, but I do want to marry here in the US someday. What do you think is my legal actions to insure that I can still legally marry here in the US? Your response is highly apprecitated, thank you Phil.
Jenny
@ Jennifer
Hello and thanks for contributing. If I read the facts of your situation correctly, your solution should be simple. File a divorce under the laws of your US state of residence and when it is granted, you are free to remarry in the USA. Godspeed.
Hi! I am Filipina got married 2011 to US citezen (doctor)with 2 kids in first marriage . I signed prenuptial a day before marriage wchich he ddnt tell me we will do that. I was surprised infront of the lawyer .I was teary and sad because I felt insulted. Well I signed it because I love the guy. I gave it a try I dnt want ruin it because of that prenuptial. But honestly since that prenup I started to feel sad and feel not secured . In my everyday life since we got married I dont work just stay home everyday alone ,time passby I started to get bored and feel depress .Hes kids doesnt know I am wife , he just told them Im a gf. I dont have friends bcause I dont go out . He told me I dont need to work but if I want to he can find me job but I can work 2 hrs only and off the book. I started to think why is that? I fellt more depress thinking if he really love me and i started to feel some pain on my body . when I told him once that my left side is painful . He just said youll be fine its nothing. I ddnt insist that its painful. After 2 weeks I couldnt walk well because my leg aching . He just massage it. He gave me pain reliever tylenol 1000 mg. I said too mch. he said just follow me im a doctor. I just took it. to make the story short , one day I wokeup crying and asking him to buy me ticket bck to Phil. and he did he gave me 2 weeks vacation but I ddnt not comebck anymore bcause I realized he doesnt love me after I foundout that I have UTI and suffering in depression. After 5 mos. I cmebck here US but not to him instead to my relative. Now hes filing divorce and asking me to sign settlement agreement. I want to defend myself but I dont have lawyer because I dont have money. What do you think is the best thing to do?
@ mckulay
To make a long story short, stop thinking like a Filipino, used to living in a country where the law does not protect poor people and women very effectively.
If you are in the USA, you have rights. DO NOT sign any more legal papers without competent legal advice. You already got yourself in a hell of a pickle doing that.
Go immediately to a lawyer in your area who handles divorces and tell him or her your troubles. Your husband can NOT proceed against you in a divorce action unless he provides legal assistance to you, since you do not have your own means to pay for it, and he is the party filing the case. He is acting as a mean bully here, and you are letting him do so. Stop it!
he also HAS to support you, talk to an attorney about this. You don’t mention what state (or states) are involved here but in general no party (especially a spouse) can run rough-shod over the other party i a case like this .. the courts demand “equitable” treatment between spouses.
It is quite possible the prenup is not going to be enforceable as well, because you signed it under duress and you did not have legal representation (while he did). But a competent lawyer can advise you on this.
At the least you should file suit to halt the divorce action until you can get competent legal advice, to pay you back support money, to take care of medical expense, since it sounds like you have medical problems and these are a husband’s responsibility, and to pay your legal expenses. And (again a lawyer can talk you through this) but it’s essential the court issue an order to freeze his assets until the validity of the prenup can be decided.
It’s Ok to be a mouse if you want to go through life that way, but in this case, be the “Mouse that Roared”.
I just want to ask sir my boyfriend is us American he stay already here for one year now we want to et married but he is here in Philippines how can he get his divorced paper the problem how he can get the divorced f he don’t like yet to go in usa ….is there any way to get his divorced paper without coming back in his country is there any suggestions sir….
@ Maritess Molina
Thanks for writing in. I really can’t be of much help, though. You BF needs to file a divorce in the USA, The exact procedures depend on his state of residence … every state has different laws for divorce. Most require a person to be resident when they file, but some may allow long-distance filing … I don’t know and I am not going to try to look up 50 different state laws.
Another thing he can consider is filing a divorce in Guam. According to what I read on Google, it’s easy for an American citizen to do so … but I’m not in the market for a divorce, so I’m not looking that up further, either. Google is your friend.
Here’s a piece of advice you didn’t ask for, but I am giving it to you anyway.
This cuy has been living with you, ignoring his wife and family in the USA, happy as a clam, because he’s getting the milk without buying the cow.
Now you are the one asking about _his_ route to getting a divorce? Doing his dirty work for him? Something is really, really wrong with this picture, my dear.
Let’s say you do the work and find him a way to get a divorce. Is he then going to marry you? And more importantly, would you want him to?
What assurance do you have that he’s not going to desert you and go live with the next younger and prettier girl? Hmm?
There is ALWAYS someone younger and prettier. He has already shown you how much he honors his vows and commitments. Are you sure you are thinking clearly? Do you read the hundreds and hundreds of comments I get, all with the sad story of some Filipina married a guy who left her behind and now, because of the archaic laws of the Philippines, she can’t get divorced? Think this through very, very carefully.
Hi just want to ask im filipina who married a fil-am and on my passport change my last name so the question is is the NSO in the philippines has records my name that im married. Coz i want to get married in philippines in the future me and my husband is not in term anymore please reply in my email thank you and god bless. One more can i get married their in philippines even im not divorce yet. Or if i married in philippines the philippine embassy recognize my name that im married?
@ Chacha 1918
Sorry but no. You can not marry legally if you are still married. If you are asking if I think the NSO will not notice you are married because you are now using your married name, I am sure that when they changed your name for you that a record was kept of your maiden name being changed to your married name. Perhaps not, but it wouldn’t be legal to try to get married a second time based on the faint hope that the name change wasn’t properly recorded … bigamy is a serious crime, so I certainly can not advise it. Law in the Philippine sis very strict on this, nothing I know to do except follow it. Godspeed.
hello, why is it so tough for a us citizen to marry a filipino women? We both want to get married but what is the best way? We are both almost 50 years old so its nothing to do with getting her here and using marriage as a way. i dont mind living there but im not giving up my citizen ship to do it.
hi Phil
i just drop this website and found out very helpful to me so i decided to write my situation and ask for advised. here is my situation i have american bf now we have baby, he was married to a filipina year 2009 here in PHIL he left his filipina wife after 2 months they got married until now he did not contact his wife i have the copy of their marriage licensed from NSO and yes they are legally married.
i meet him 2010 until now we are still in good term he is currently living in USA his planning to come back here and marry me.pls give me advised what is the best thing to do first?
his planning to file a divorced in USA even they are married in Phil
you think Phil government will recognize the divorced?
thank you hope to hear reply soon…
im filipina we married here in philippines he is australian man. and then i really dnt know he is still married from the thailander women.he lie to me. im so blind, when we get married he just using his devorced paper from his 2nd wife, then the 3rd is from thailand. then i am the 4 wife to him. we separate because he hurt my son, his only step father of my son. when he starting going out here in the philippines he start to going to the bars, and i find out he play games with the bar girl i see them in the bar with his bar girl gf. he cheated me and i have a 2 pics from his bar gf with my husband.after that we on and off our marriage. when we always arque he bullshit me to go away and to go back to my parents house and istay to my parents house and after that he took everything our things, and move away and i dnt know where he live with his bar girl i just heard they lstll here in cebu. i ask already to consult a lawyer but i really dnt know what the best thing i need to do, they have different advices. i ask if i can file a bigamy case if i am not include the problem because he is still married to his first wife thailander woman. i ask him many times to get to file our annulment but he just ignore me no plan to file for our annulment.. what i need to do for my situation now? i have a new boyfriend now he is from uk he is coming to the philippines we plan to engaged, because we cant marry as of now because im still married to my australian husband. what the best thing i need to do now? we plan to live in uk but i am still married here in philippines.. if i file annulment and i cant find him were he live now with his bar girl. i really want to have freedom i dnt want to stuck of my situation now i can marry my bf from uk.
james » Hello James, welcome to the community here and thanks ever so much for contributing. It keeps the place alive.
Not sure about your question, though. I know of no particular difficulty at all in US citizens (I assume that’s your nationality, am I right?) marrying Philippine women. If you are free to marry, legally, and she is free to marry legally, you can bring her to the US before marriage on a US Fiancee visa, after which she can get US permanent residence (Green Card) and later US citizenship, if she wants it.
If you prefer to come here … and why not?, You two can be married in any church that will accept you or by any judge, mayor or other official empowered to marry people, almost exactly the same as in the US.
If she wants to go to the US after that, there are several “flavors” of spousal visas you could use.
Or, if you just want to stay here and live, being married to her will give you the right to permanent residency in the Philippines.
I’m not sure how the reference to giving up your citizenship came up, but it sounds like you have been listening to some ill-advised sources. A US citizen can live in the Philippines as long as he or she desires and never lose his/her citizenship. It’s one of your rights as a US citizen.
Please clarify what your concern is, becuase I really am not able to see the problem … my shortsightedness, perhaps? If you want to discuss this directly, feel free to call me on 1-79-966-4295. If I don’t pick up, leave a message with a good time to call you back, including your time zone, and I’ll be happy to chat with you. It sounds to me as if someone has been steering you wrong.
Hi James, sorry I didn’t see this comment until now. Perhaps you’re still reading, so here goes.
In what way is it hard for a US citizen to marry a Filipino woman? I did, so have thousands of other men I know … I don’t understand the ‘hard’ part?
If you want to bring her to the US, you fill up a form, pay a few hundred bucks, wait a few months, and there she is.
If you want to go to the Philippines and get married it’s much easier than that.
I don’t get the part about citizenship. If you want to live in the Philippines, married or single, you can do so for as long as you want to … forever … and nothing happens to your US citizenship. A US citizen can live outside the US just as long as s/he wants to.
Godspeed.
Hi Philly:
I was married to a Filipina in the Philippines in 1984. I am a U.S. Citizen. My soon to be ex wife became a U.S Citizen in 1989. Our divorce will be final soon and I want to marry another Filipina that lives in the Philippines. So the status of the divorce will be for TWO U.S. Citizens who reside in the Commonwealth of Virginia.
Since my soon to be ex has been a U.S. CItizen for over 20 years now is this going to be a problem? We have all the documents proving she is a U.S. Citizen.
I want all my ducks in a row with regards to petitioning my soon to be fiancee when the time comes.
Thank you.
Billy D
Billy D » OK, I lost the bubble a little on this one because there is no much info regarding your soon to be ex-wife. It’s you and your new intended who are important here. When you say “I am a U.S. Citizen”, do you mean by birth … born of an American parent(s)? If so, you are free to marry in the Philippines or anywhere else as soon as your US divorce is final.
Is your new bride to be single and always has been single? If so, no problems for either of you that I can see.
Your wife that you are divorcing? She’s legally free to marry as a U.S. Citizen anywhere after the divorce goes through. There _could_ be an issue regarding her freedom to marry in the Philippines, as she was a Philippine citizen at the time of the original marriage, correct? How much trouble Philippine authorities might or might not give her is something I have no idea of … but then she’s not the problem at hand after the divorce, is she? Godspeed.
hi phil, i have question, its accepted and legal to to get marry here in the philippines,if my fiancee is a dual citizen filipino american who had already married here in the philippines for a long time ago but not yet annul.??? her previous husband are now filipino american citizen also and living in US for good. they got divorce in the US, but not yet annul in the philippines…is she allow to get married again here in philippines??? im a filipino citizen single. hope to here from you soon phil, thank u very much
Wow. Why do I get questions like this, over and over, when you already know the answer, Manuel? Is it legal to get married when you are already married? I’m not a lawyer, and this is not legal advice, but based on the simple English of the law, I’d say it isn’t legal, wouldn’t you?
Is it “accepted”? I dunno. “Accepted” by whom? Is lying under oath, filing false government applications and (oh yeah, Him, lying before God) an “accepted” practice? Not in the world where I live, mate … YMMV.
I mean phil my fiancé and her ex husband are both Filipino American now residing in the US, they got married here in the Philippines for a long time, before they migrate in the US and become American citizen, then they got divorce in the US. Then I met and fall in love and now we are planning to get married. Phil My question is, if my fiancée can get married with me here in the Philippines if she only divorce in the US with her ex husband, but they not yet file an annulment here in the Philippines to terminate there married???
As I said, it’s not legal to marry when you are already married. If the divorce you are talking about is recognized by the Philippines, then you have to get a Philippine court to instruct the NSO to change the person’s status from Married to unmarried. That is what the law says. Can they marry illegally, “if no one finds out”, which seems to be the thrust of your question? Maybe. I don’t know. I’ve written several articles on this issue and the issue of divorces obtained by Filipinos who lost their Philippine citizenship when they took up American citizenship. Have you read them?
It’s a complex question (sorry, I don’t make the laws here in the Philippines), and I can’t give an answer in a few lines in a comment.
Hello Gracia, thanks for contributing.
Yes, if your current boyfriend files a divorce in the US to dissolve the marriage between him and his current wife, the Philippines will recognize that divorce. Where they married has no significance, it’s the divorce law of the state he currently resides in that must be followed. Godspeed.
Hello..our problem is a quiet the same..hopefully someone can help us this problem…
Hi I’m a foriegner married a filipina , we separate 2 years ago would it be possible for me to get half of my properties I have house and cars,what shall I do Thanks
Hi, My husband and I are both filipinos, we are married here in the philippines for 20 years. Last year( april 2011) after our vacation and visit with him in california, he met a co worker whom he claimed ( through snail mail) he had an affair. After 3-4 months i received a divorce paper from him which i didnt sign because I am not in favor to separate from him. Because of his frustrations from me not agreeing (through international calls) he cut our support by half. One year after he cut it again. We are living a budget of $500 for me and my two children here in manila. I found out later on that he wanted to marry the other woman for his legal residence in america. I am not in favor of this said divorce. What should I do. The hurting he has done is pushing me to sue him, for adultery, perjury and emotional disturbance from me and my children. Please help me. Thank u.
Good day mr.phil,
Im a filipina divorced in shariah muslim rites.Got my annotated divorced NSO certificate..am i qualified to the k1 US fiancee visa?hope to hear from you..
Hi Colin,
The Philippines follows a pretty strict community property model, so that everything a couple acquires during a marriage becomes owned 50/50. Except in the case of a house. You, as a foreigner can not own real property, so the only time you could share in a house(except a condo) is upon her death should that occur while you are still married.
When you say, “Separated”, do you mean you two entered into a legal separation agreement, or doyou mean you just went your separate ways, informally.
The reason I ask is, absent any legal orders from a court, she still probably has claim to half of anything you acquire, physically separated or not. I believe it’s long past time for formal legal action.
My advice is, stop searching the Internet where you mostly get layman’s opinions (like mine) and hire a lawyer … otherwise your current legal tangle just goes on and one. Godspeed.
Thank you Phil I mean separated in our own ways informally. As a foriegner do you think I have the right to file legal separation in Philippines I am thinking of legal separation first
@ AI:
Thanks for writing in. If you have an NSO certificate that says you are single …CENOMAR or such … then you should be good to go. Muslim (Shari’a Law) divorces are legal in the Philippines. Godspeed.
Thanks for the info mr.phil..now i am pretty confident with your response…me and my fiance are waiting for noa2 approval..hope it will b soon with god’s grace…god bless u and your family.:-)