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	<title>Comments on: Marriage, Nationality and Divorce</title>
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		<title>By: Philly</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-39291</link>
		<dc:creator>Philly</dc:creator>
		<pubDate>Thu, 08 Jul 2010 22:04:09 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-39291</guid>
		<description>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&#039;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&#039;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.</description>
		<content:encoded><![CDATA[<p>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&#8217;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 &#8230; your guess is as good as mine.  </p>
<p>But reading your question, I&#8217;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.</p>
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		<title>By: Mary</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-39186</link>
		<dc:creator>Mary</dc:creator>
		<pubDate>Thu, 08 Jul 2010 00:16:44 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-39186</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>Hello,</p>
<p>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.</p>
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		<title>By: Philly</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-35807</link>
		<dc:creator>Philly</dc:creator>
		<pubDate>Thu, 03 Jun 2010 04:24:07 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-35807</guid>
		<description>Hi Luz,

Thanks for reading and for your comment.  As always, these sorts of questions can get very interesting and &quot;sticky&quot; ... but my guess, in your case is, you are good to go.  (remember, I&#039;m not a lawyer, my opinion only).

Here&#039;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 &quot;dissolutions&quot; of marriage.  The US government certainly does too.  So far as your record of your original marriage in the NSO&#039;s files, I would assume that is now just historical.  

Now one technicality you want to watch out for here is, you can&#039;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&#039;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&#039;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</description>
		<content:encoded><![CDATA[<p>Hi Luz,</p>
<p>Thanks for reading and for your comment.  As always, these sorts of questions can get very interesting and &#8220;sticky&#8221; &#8230; but my guess, in your case is, you are good to go.  (remember, I&#8217;m not a lawyer, my opinion only).</p>
<p>Here&#8217;s why I think you are alright.  You initiated the divorce _after_ you were a US citizen &#8230; as part of the US citizenship process you renounced your Philippine citizenship &#8230; as legally required by both US and Philippine law.</p>
<p>The Philippine government recognizes US divorces as valid &#8220;dissolutions&#8221; of marriage.  The US government certainly does too.  So far as your record of your original marriage in the NSO&#8217;s files, I would assume that is now just historical.  </p>
<p>Now one technicality you want to watch out for here is, you can&#8217;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.</p>
<p>An alternative, in my mind, is to actually bring your fiance to the US under a K1 &#8230; Fiance visa.  You as the petitioner don&#8217;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 &#8230; which indeed you are for certain) and your fiance provides a CENOMAR from the NSO &#8230; which from what you have indicated, he will be able to do, diba?</p>
<p>The US citizen sponsor for a K1 does not have to furnish an Affidavit of Capacity or a CENOMAR &#8230; 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.</p>
<p>For me, I&#8217;d look very strongly at the K1 rather than the K3 option, I think in your case it simplifies things &#8230; but again, only my guess.  Godspeed.<br />
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</p>
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		<title>By: Luz</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-35762</link>
		<dc:creator>Luz</dc:creator>
		<pubDate>Wed, 02 Jun 2010 16:49:45 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-35762</guid>
		<description>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?</description>
		<content:encoded><![CDATA[<p>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?</p>
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		<title>By: Philly</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-33237</link>
		<dc:creator>Philly</dc:creator>
		<pubDate>Thu, 29 Apr 2010 08:36:51 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-33237</guid>
		<description>Hi Mureil,

I have to admit I had to chuckle a bit regarding the &#039;cause and effect&#039; 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&#039;ll need that marriage certificate, especially if there&#039;s a foreigner husband in the picture.  Godspeed.</description>
		<content:encoded><![CDATA[<p>Hi Mureil,</p>
<p>I have to admit I had to chuckle a bit regarding the &#8217;cause and effect&#8217; 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.</p>
<p>On the other points, sounds like it could all work out &#8230; but the main thing is, have the current marriage recoded while n the States, whatever it takes &#8230; because sooner or later, you&#8217;ll need that marriage certificate, especially if there&#8217;s a foreigner husband in the picture.  Godspeed.</p>
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		<title>By: Muriel</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-33232</link>
		<dc:creator>Muriel</dc:creator>
		<pubDate>Thu, 29 Apr 2010 03:43:24 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-33232</guid>
		<description>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.</description>
		<content:encoded><![CDATA[<p>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:<br />
1. First marriage was NSO registered because it happened in the Phil.<br />
2. Divorce was not forwarded to NSO.<br />
3. Current marriage not NSO recorded yet.<br />
4. Divorce occurred after reacquisition of citizenship.</p>
<p>Luckily, the moving back to the Phil. thing is only a planning at this stage. Thanks for the reply Phil.</p>
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		<title>By: Philly</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-33229</link>
		<dc:creator>Philly</dc:creator>
		<pubDate>Thu, 29 Apr 2010 02:53:21 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-33229</guid>
		<description>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 &#039;sticky points&#039;, that are only &#039;guesses&quot;.  

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&#039;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&#039;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 &#039;apple pie order&#039; 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&#039;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 ;-)</description>
		<content:encoded><![CDATA[<p>Like everything else posted here, this is only my opinion &#8230; 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.</p>
<p>The fact that she later reacquired Philippine citizenship should not change anything.</p>
<p>The &#8216;sticky points&#8217;, that are only &#8216;guesses&#8221;.  </p>
<p>1.  Was the first marriage registered by the NSO?<br />
2.  What action was taken by the NSO about the divorce?  Were they formally notified?<br />
3.  Is the current marriage NSO recorded?</p>
<p>It could wind up that the NSO records still just show the first marriage &#8230; they certainly don&#8217;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&#8217;s a dual citizen who required .. nobody officially here in the Philippines ever knows that Filipino citizenship was lost &#8230; so if you want this 100% in &#8216;apple pie order&#8217; there may be a lot of digging to do &#8230; 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&#8217;t seem to matter much.</p>
<p>BYW, to anyone who married overseas and is planning to come back to live in the Philippines &#8230; 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 &#8230; which can only be done overseas &#8230; you might find yourself legaly unmarried here when you meant to be married <img src='http://philfaqs.com/wp-includes/images/smilies/icon_wink.gif' alt=';-)' class='wp-smiley' /> </p>
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		<title>By: Muriel</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-33226</link>
		<dc:creator>Muriel</dc:creator>
		<pubDate>Thu, 29 Apr 2010 02:31:07 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-33226</guid>
		<description>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&#039;t confuse you too much here. Thank you.</description>
		<content:encoded><![CDATA[<p>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&#8217;t confuse you too much here. Thank you.</p>
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		<title>By: Philly</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-32943</link>
		<dc:creator>Philly</dc:creator>
		<pubDate>Tue, 27 Apr 2010 11:32:58 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-32943</guid>
		<description>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&#039;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&#039;t lie about this to the US Embassy.  It&#039;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&#039;t be more optimistic.  Godspeed.</description>
		<content:encoded><![CDATA[<p>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 &#8230; the one who filed the divorce &#8230; 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 &#8230; so while nothing prevents you filing for a K1, you don&#8217;t meet the primary requirement .. freedom to marry.</p>
<p>What will the NSO send to the US Embassy?  I have no idea &#8230; but I think you can guess as good as anyone.  </p>
<p>Remember I am not a lawyer, but one piece of advice I can give you that any lawyer will agree on &#8230; don&#8217;t lie about this to the US Embassy.  It&#8217;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.  </p>
<p>Since you have already filed the K1 application, nothing much to do now but wait and see.  Sorry I couldn&#8217;t be more optimistic.  Godspeed.</p>
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		<title>By: Winnie</title>
		<link>http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/comment-page-1/#comment-32926</link>
		<dc:creator>Winnie</dc:creator>
		<pubDate>Tue, 27 Apr 2010 03:46:09 +0000</pubDate>
		<guid isPermaLink="false">http://philfaqs.com/marriage-nationality-and-divorce/#comment-32926</guid>
		<description>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&#039;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..</description>
		<content:encoded><![CDATA[<p>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&#8217;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..</p>
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