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.
photo credit: markhillary
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 law vary 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.
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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.
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.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,
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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 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
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.