Can my ex husband file fiancee visa even he don't filed annulment in the Philippine were we get married.?

Question

I'm American citizen when i marry my ex husband in the Philippines who is a Filipino citizen back then. He came to America and became US citizen. After 22 years being married he filed a divorce and been granted last Feb. because he found a new girlfriend in the internet and now want to file Petition for Alien fiance for the girl. Can he file fiance without filing annulment in the Philippines where we get married. Or our marriage in the Philippines is not valid anymore because we are divorce here in US. Philippine law there is no divorce only Annulment.

Answer 1

 

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Answer 5

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Answer 6

This was covered some months back (maybe 3 or 4) It is my recollection that if your are divorced outside the Philippines that it would then be recognized in the Phils. I'm sure others might remember more than I though.

She can re-marry now, because she has the divorce decree. As soon as you have a copy of the divorce dicree, you can re-marry......just to be sure, once you get a copy, take it to a local lawyer in Cebu and check....I think you will find out that I am correct, that you can re-marry.....

Disallowing any attempt to circumvent the intent of the Family Code (I'm sure that it is done), you are not bound by the Philippine Family Code unless you have renounced your US Citizenship and are a Filipino Citizen (I'm sure you're not). All you need to marry in the Philippines is a copy of your divorce decree. You'll show it at the US Embassy or Consulate to obtain the "Freedom to Marry" certificate. It in turn is sufficient for you to obtain a marriage license in the RP. On the other hand, your ex-wife would not be free to marry in the Philippines since it was she who petitioned for the divorce. I won't be the one to tell her that she should disobey the Philippine Family Code and not tell them it was she who did the filing... The statement that "Divorces can't happen in the RP" is rhetorical. There are separations, voidances, Muslim dissolution's and annulments. Let's not get hung up on semantics!

Gordon, it is true, there was a longtime spent on it. The fact is, not withstanding the religion, there is no divorce in the Philippines. You can get an annulment for various reason. The most popular is "Psychological Incapacity" and it cost money plus time plus paperwork. The parties can get a divorce in another country and the Philippines will recognize it. The problem is that the forginer must be the one to divorce the Pinoy. If the Pinoy is the moving party in the divorce they may not marry again under Philippine law. The funny part is that the forginer can. As to the issue of has it been done other ways with the knowledge of the government? I am sure it has and many things happen that are outside the rules of the laws of the Republic.

Ron,A divorce decree is not needed at the U.S. Embassy to execute the "affidavit in lieu of certificate of legal capacity".All Paul needs is his passport and the required fee.(The passport can even be expired as it was in my case).

These are the official requirements for a US citizen to obtain the "Affidavit of Legal Capacity to Contract Marriage". Pick the requirements that suit your situation. Philippine law requires a citizen or subject of a foreign country to obtain a Certificate of Legal Capacity to Contract Marriage, issued by the diplomatic or consular offices of his or her country, prior to the issuance of a marriage license in the Philippines. As American consular officers are specially prohibited from certifying that any U.S. citizen has the capacity to marry, the Philippine government has agreed to accept as substantial compliance with the Philippine law, an "Affidavit in Lieu of Legal Capacity to Contract Marriage" ("affidavit"). The Affidavit attests to the absence of any legal impediment to the marriage and is sworn to before an American consular officer. Therefore, U.S. citizens wishing to marry in the Philippines must appear personally before a consular officer, either at the U.S. Embassy in Manila or the U.S. consulate in Cebu City and complete the Affidavit concerning their own capacity to marry. There is a service fee (subject to change) for the notarial service. At the time a U.S. citizen appears to execute the Affidavit, he or she must present the following: A. Proof of Citizenship: Examples of sufficient evidence of U.S. citizenship are: 1. current registration as U.S. citizen at the Passport and Citizenship Office of the Embassy or at the Consulate 2. a U.S. passport 3. a birth certificate issued in the United States or a record of birth abroad issued by a U.S. Embassy or Consulate, together with identification bearing a picture or a physical description or 4. a Certificate of Naturalization. B. Evidence of Termination of Previous Marriage(s): If the U.S. citizen has been previously married, evidence of termination of the previous marriage, such as a certified copy of the final decree of divorce or annulment, or a certified copy of the death certificate of the deceased spouse must be submitted. C. Parents' Consent or Advice: Under Philippine law, the legal age for marriage is 18. If the contracting parties are between the ages of 18 and 21, they must present written consent to the marriage from their father, mother or legal guardian. Any contracting party between the age of 22 and 25 must present written parental advice, i.e., a written indication that the parents are aware of the couple's intent to marry. D. Military Approval: An active member of the United States Armed Forces wishing to execute the Affidavit must present a letter of approval of the marriage from the appropriate military authority. Military personnel NOT assigned in the Philippines are also required to obtain their authorization from their respective commanding officer. Military members are encouraged to plan well in advance of the intended wedding date and to discuss the requirements with their own command personnel office.

It states on the divorce decree who is the "plaintiff" and who is the "defendant". So it is right there for all to see. But it makes no difference. A decree is a decree and is recognized by the Philippines.

Here's a twist that hasn't been mentioned yet. My ex, a Filipina by birth, is a naturalized U.S. citizen. Even when she gets her PI citizenship back shortly, she will retain her US citizenship and passport. Since she divorced me here in the states, she'd have a hard if not impossible time in the PI legally remarrying as a PI citizen. But, what's wrong with her getting remarried over there as a US citizen just like I would...go to the US consulate, show the US passport and divorce papers, and get permission to marry as a US citizen just like I would do (assuming I totally lost my mind and got remarried!!)?

You have it right. Even if she had not become naturalized, she would still be able to marry legally in the US. I've seen referrals to the new reacquisition of Philippine citizenship bill, that it has been signed. Has anyone seen the official text of the new bill?

I read information concerning divorce that was based upon RP law.. It stated precisely that only divorces which were initiated by foreigners against Pinays/Pinoys, would be recognized within the RP.. Thusly, a Filipina would NOT be able to arrange a divorce from say her american husband, return to the RP and marry again. Nor could she subsequently marry outside the RP and be recognized as legally married in the RP.. Therefore, the only resolve seems to be initiating via lawyer an annulment in the case of abandonment and having this subsequently accepted by RP judicial system. Effectively they blocked attempts otherwise.. Now we all know that the well to do people, movie actors/actresses and politicos have done this for years and no problems.. I would imagine that one of their reasons has to do with sham marriages.. They get to the U.S., obtain their green card, divorce the husband and then return to the RP to get married to their real boyfriend and then petition him to come to the states.. Further, I would believe that those that have renounced their RP citizenship, would have no hassles with this issue.. I am sure that immigration in the RP, does NOT check your previous status upon arrival and that only locally submitted complaints would raise a problem..

We're unclear what is the benefit or necessity of registering a foreign marriage with the Philippine consulate USA or the NSO. Such registration, costs money and involves lots of paperwork. If worse comes to worse, Philippine marriage registration prevents the couples from remarrying in the Philippines so what are the benefits? I understand that my Filipina wife can't change her name on her passport without registering the marriage, but is this really necessary? Why can't she just keep and renew her passport in her maiden name? I'm assuming that if I travel with her I'll be able to get a balikbayan stamp on arriving as long as we have our marriage certificate? How about obtaining a 13a visa? Would the marriage have to be registered to qualify or would just the marriage certificate work?

 

Answer 7

Hi. I was reading the threads here and I find it intresting. I kinnd have the same problem/ issue right now, I wonder if I can find my answers here, so if any of u have an idea please help. Im a Filipino citizen who is married here but my husband and i were separated 4 years ago. I went to the states and live there for awhile, i got divorced there with my husband here in the Phil.. Then I met my American citizen fiance. I went back here, he filed fiance visa for me, im still waiting for the decision they are still reviewing the papers. So now i wonder if im gonna b approved or granted with fiance visa since im still married here, but divorced in the states?