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MY FILIPINA FIANCEE IS MARRIED BUT HAS BEEN SEPARATED FOR 4 YEARS, HAVING PROBLEMS GE

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  • #16
    In my case I'm presently here in U.S. through working visa. Before I left Philippines my marriage been problematic. Now I met someone here and felt she's the right woman for me. My problem now is how to divorce my first wife before I can marry again without going back to the Philippines? Is there anyway to do it here in U.S. instead. Please help.

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    • #17
      What you need to do, is go file a divorce and send the papers to the Philippines and let her sign it, or a no contest divorce, you just need to publicize it, and bingo, you're divorced and you can get married here in US, without going back to the Phils and you know there is no divorce there and annullment cost a lot of money and will take a while for them to be approved. By the way which state are you? Im here in Vegas, and it only takes me 5 days to take the divorce, that is after you send the papers to the Phils. and mailed it back here. Well, good luck!!!

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      • #18
        i don't know. don't marry right away guys. you just wasting your time.. you will marry and then you will get devorce. think about it first before you will marry. be sure if you love him/er.ha!ha !ha! you are funny americans!!! just find the filipina women to be your lawful wife and for sure if you treating her like a queen she will stay in your asssssss.or find me.

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        • #19
          Grace,

          Is it acceptable for the marriage which took at Phils and get the divorced paper from US? Is Phils law accept that? I don't know about Phils, but as I know, when you married in a certain countries, you also have to have a divorced paper from that countries where you get married,so its not like a 'CONFLICT'.

          Just imagine, you married in Phils, your divorced paper in United States. Therefore, many other ppl from the world can get married in other countries then just file divorce where ever they are. I think this only work for the sake of 'formality' to show its a divorce, but I believe in that country or their law, its not legal. And I believe in your country you are considered still legally married to someone else. But as far as your 'ex' doesn't bother to bring this up you might be safe right?

          I don't know, I'm not from Phils and I don't know your marriage and divorce law there. But it doesn't make sense that you can get married in one place and divorce at other place (specially different law and different country). May be Phils is different, I don't know, correct me if I'm wrong.

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          • #20
            Me2:
            Again, there is no divorce in the philippines! Second, once you get married, the person's marriage record goes to NSO(National Statistic office). The U.S. Consulate in the philippines widely depend on the record that is kept by the NSO and NBI(National Bereau of Investigation) therefore when the embassy required you to submit papers such as NBI clearance or CERNOMAR(certificate of No marriage) in the case of Fiancee, it would show she is married. However once the marriage is annulled then that person can show the annulment papers to contradict that record.

            One must make sure all this is in place before attempting any move to the embassy stage, not only will prolong it but it could trigger a misrepresentation. It is quite evident that there are ways to do it, but in my opinion, it would be best if one get the fact from the governmental offices that are involved in such matter. I would start with the philippines since she will be providing all of that paperworks.

            Good luck to you and Just to add...."Do it right the first time"

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            • #21
              Thats a relly 'educated' reply. Now I understand. Thanks angel. Otherwise its a BIG question in my head how these ppl get divorce easily. Sorry, I know its not my business but its just an education , so I will know how things work at other countries.

              So guys up there, I think Angel already gave some good tips and as she said 'DO IT RIGHT AT THE FIRST TIME'. So good luck .

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              • #22
                Me2
                Although there is no divorce in the Philippines, I got my divorce here, since Im in the US and Ive been separated for my husband since 1996, and he is living with another woman now and we both consented it. My thing is, why waste a lot of time about 2 or more years and a lot of money to get that annullment, if we can get a divorce here right away and lead a normal life. We made a mistake once and we only live once so be happy with that one life and I guess everyone deserves a second chance.

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                • #23
                  I fully understand that Grace. Well I'm happy that you guys have a happy life. And I'm agree that why waste time when you can have another wonderful life.

                  The concern is only if the 'ex' husband doesn't want to let go of his wife and try to make things difficult. Thats what I mean. But if both parties agreed, then thats okay .

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                  • #24
                    I got you,but well that i dont know, maybe he or she can consult a lawyer. And may you have a wonderful life too.

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                    • #25
                      Grace,
                      I understand that you successfully did your divorce. However I see in your post the key word "both consented". It is very obvious that your ex husband was involve with someone else which is why there was no difficulties caused by either side. You have to take in consideration that other factor, first is that if you divorce your spouse(ah let say your in california), then the california applies for that matter. If you divorce without his consent, then you can be charged with bigamy under the philippine law and you can get extradited. Your one of the lucky ones, it is not that easy and there are two laws that you have to take in consideration before making any attempts such as getting married without dissolving the current marriage.
                      If your state law applies when you divorce and your ex spouse is entitied to but not limited to lets say...alimony etc...then you still need to pay that.

                      I know life is too short to be living apart from your love of your life, however this kind of situation truely needs a time and proper processing.

                      If you really think about it. Many of the Filipino here in the U.S. one way or the other lied about being married in order to come here. Many of them claimed to be single. If annulment is so easy...why didn't they just to that?

                      Its a pretty complicated world out there. Again...."DO IT RIGHT THE FIRST TIME".

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                      • #26
                        I kind of agree with Me2's first point, I am not at all convinced that getting a divorce in Vegas would really do the trick. Seems to me that you would still be married in Phillipines. I hate to say it, but my gut feeling on the person who came and got a divorce in Vegas then married and filed for adjustment has at least two potential problems: (1) when the marriage comes up at the adj of status interview, the interviewer is liable to realize that the divorce was not effective in the Phillipines and deny the petition; and (2) the BCIS may interpret this as visa fraud since they came over on a tourist visa when their real intent was to marry/immigrate to the U.S. I would definitely check these scheme out with a competent immigration attorney before trying it; it sounds like a "feel good" short-term answer that will land people in trouble down the road.

                        I think this point is implicit in Angel's reply to and Angel's advice to "do it right the first time," since Angel did not bother addressing the whole "go to Vegas" scheme.

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                        • #27
                          OK, that last reply came late and ANgel has now addressed this issue. Am still concerned about it and think Grace ought to get specific legal advice from an attorney (or a second opinion if she already has).

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                          • #28
                            this is for <Grace>, i want to try the B1/B2, and then get my fiance a divorce in Las Vegas, and marry her like you posted, but she also has a son there too, can you help me, please

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                            • #29
                              Hi! Do you mean you filed and was granted the divorce when you were already out of visa or an overstay?

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                              • #30
                                recognition of foreign divorce in ph possible.

                                Originally posted by ;170344
                                Well, that's tough one. FYI, there's no Divorce in the Philippines since it's dominantly a catholic country. Second, getting an annulment is not easy either because you have to prove that the marriage was fraud from very beginning.
                                you can as a philippine citizen have your american divorce to an american recognized in philippines in 6months to a year. if married to a philippina and divorce in usa the american can sometimes file a fiancee visa if the fiancee has a nso saying single. he does not need do a seperate philippine annulment unless he wants marry in philippines

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