Maybe Another Another Annulment Question??

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i am bob
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Posted

I'm a little late on reading these but I want to add in to one comment here.  

 

As the entry above, yes, you must prove to the courts that you are divorced.  Funny - it's basically the same info as if you have been divorced previously in your home country and need to file in order to marry in the Philippines.  So, for anyone who thinks it's difficult, sorry!

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Americano
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I have been there and done that so I can answer this question and make it very simple.

 

If you take a Filipina to the USA on a fiancee Visa and marry her there and then later get a divorce in the USA both of you are free to remarry as long as you don't register your marriage with the National Statics Office in the Philippines. If you register your marriage with the NSO then you can remarry in the USA because you are single by the USA laws but she can't remarry in the Philippines until she gets her status changed at the NSO.

 

If you marry a Filipina in the Philippines your marriage will automatically be registered at the NSO, therefore if you get a divorce in the USA you will be single in the USA but not eligible to marry again in the Philippines until you get your status changed at the NSO which can be difficult and time consuming.

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Americano
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I'm a little late on reading these but I want to add in to one comment here.  

 

As the entry above, yes, you must prove to the courts that you are divorced.  Funny - it's basically the same info as if you have been divorced previously in your home country and need to file in order to marry in the Philippines.  So, for anyone who thinks it's difficult, sorry!

 

Its not basically the same. If you have been previously divorced in your home country you don't have to prove anything to the courts in the Philippines. You only have to provide a copy of your divorce papers to your Consulate and the Civil Registry to obtain the Marriage License.  You only have to prove to a court that you're not married if your marriage was recorded at the NSO to get your marital status changed.

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Americano
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You will have to go to the NSA and report your divorce, After that you are free to remarry in the Philippines.

Annulment will cost you a lot of time and trouble, Divorce will be much easier and less costly

.

 

I think you got your acronyms mixed up. NSA is National Security Agency. I think you meant to say NSO which is National Statics Office.

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brock
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I think you got your acronyms mixed up. NSA is National Security Agency. I think you meant to say NSO which is National Statics Office.

 

Yeah Thanks, Their is No Such Agency  :lol:

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i am bob
Posted
Posted

I'm a little late on reading these but I want to add in to one comment here.

As the entry above, yes, you must prove to the courts that you are divorced. Funny - it's basically the same info as if you have been divorced previously in your home country and need to file in order to marry in the Philippines. So, for anyone who thinks it's difficult, sorry!

Its not basically the same. If you have been previously divorced in your home country you don't have to prove anything to the courts in the Philippines. You only have to provide a copy of your divorce papers to your Consulate and the Civil Registry to obtain the Marriage License. You only have to prove to a court that you're not married if your marriage was recorded at the NSO to get your marital status changed.

Not sure what you read but that ain't what I'm saying... So let's try this again...

Regardless of where you got married and where you got divorced and who you have to present the pertinent information to, that information is the same for both presentations. The location you present to may be different but the information is the same. So if you married some pretty girl from Yonkers and then got divorced - or you married some pretty Filipina in Cebu and then divorce her back in Yonkers- you still need the exact same info for either situation. The only difference is that you have to go to court for the Filipina so that a judge can officially say that your Philippine marriage be stricken from the records of the Philippines. It has to be a judge to delete an official record such as this and not a clerk - and that is why it is done in a court.

Sent by using a very long piece of string, a couple tin cans, 2 gaseous monkeys, Tapatalk and my Nexus 4

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brock
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You only have to provide a copy of your divorce papers to your Consulate and the Civil Registry to obtain the Marriage License. 

 

Also a CNI from your home country which you exchange for a local one,,,,,You can just obtain a local one, but will probably cost you double the amount you have to pay.

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Jollygoodfellow
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Im also late in reading this thread.

My opinion is basicly the same, Kenn now needs to worry about himself so yes he can divorce in his own country and forget her as annulment will be her problem not yours. She can use some of her 30 grand to pay that is she wants it.

Then the case is also she has a house and Kenn seems to be giving her that and supporting her with maintenance. So my opinion is stop thinking western, she ripped you off, took $30K has a house and is still ripping you off.

Wake up man and let it go. Brock is correct that you will never get custody of the child unless she wants you too so a lost cause. 

I bet your head is still in a spin but think of the future, you keep paying her and she moves on and you keep paying but she sold the house that you paid for, now has 3 kids and by now you should have realized that you have provided for your child that you will never see or know where is.

 

Yes sounds harsh and its probably not exactly what you have asked advice on but  to answer your question once divorced you only have to prove that and nothing else to marry another Filipina.

 

http://www.livestrong.com/article/171720-how-to-file-for-divorce-if-you-got-married-overseas/

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Americano
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Bossman,

 

You are correct but you didn't mention one thing. Kenn said he wants to marry another Filipina. Presently he can't marry another Filipina in the Philippines and he can't get a K1 Fiancee Visa to marry her in the USA until he gets his marital status and her marital status changed to single at the NSO in the Philippines. The Philippines does not have divorce in their laws and is not required to recognize a divorce from another country. That's why Kenn will have to retain a good lawyer who can convince a court in the Philippines to make their marriage null and void and change their status at NSO.  A CENOMAR, Certificate of No Marriage issued by NSO is required for the Fiance and Fiancee when marring in the Philippines and a CENOMAR is required for the Fiancee before she will be issued a K1 Fiancee Visa.

 

I know what I'm talking about because I have done these things. Reading laws and regulation on websites can be very confusing and misleading. Its similar to an application form with no instructions. There are different opinions on what should go in the blocks but after someone has completed a form and had it accepted then you know the proper way to complete the form. And, this is going to be the case with the new 4 page Permanent Resident form that some are talking about.

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Americano
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Posted (edited)

One more point:

 

An Annulment in the Philippines can take years and there's no limit to how much it will cost and some judges never grant Annulments.  And, without an annulment you will still be listed as married at the NSO.

 

The solution to the problem is don't have your marriage registered at NSO which means don't get married in the Philippines unless you are sure you will never get divorced.

Edited by Americano
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