Good News

[RonHenk]

Approved on third and final reading was House Bill 5907 or the proposed “Act Recognizing the Capacity of the Filipino Spouse to Remarry When the Alien Spouse has Obtained a Foreign Judicial Decree of Absolute Divorce.”

 

The key words here being "When the Alien Spouse has Obtained"

[Jack Peterson]

It has to have been initiated by the foriegn spouse. By Philippine law,

 

 

Quite right but as usual there are grey Areas I put a link up on this.

http://jlp-law.com/blog/judicial-recognition-of-a-foreign-divorce-decree/

Hope it clarifies a little more.

 

Jack :)

[maxbme]

Ok  Guess I should spell this out a little more clearly...   Lets forget about the new law for a minute.

 

• She is in the middle of the annulment process (8 months in no court date yet).
• We were living together in Hong Kong for 2.5 years when my company moved me back to the U.S.
•  She was rejected for a visitors visa (multiple times) in Hong Kong
• We were told and are trying to verify that

1.  We could get a divorce in Hong Kong even if she was not married there nor does her spouse have to be present (That is verified)
2.  That the divorce would be honored by New Jersey but not the Philippines.
3. her passport says she is married (in the Philippines

The question is will the U.S. Consulate a federal agency honor the divorce and allow a K1 Visa or Marriage Visa if the Philippines doesn't?

 

And...(separate question) Will the new law apply if she was married in the Philippines to a national and divorced in a foreign country.

 

Thanks to all so much for your responses.  I miss her deeply and cannot afford to keep going back to Hong Kong for visits. Its important that we find a way to be together without having to wait maybe 2 years for the annulment to take place.

[scott h]

Max. Again welcome to the forum. We all wish you well regardless or any outcome.

 

Please remember that none of us here to my knowledge are lawyers or retired lawyers (all though we do play one on TV :hystery: ) so anything advise or suggestions you get here are worth exactly what your paying for them. Having said that, this is what I believed based on my observations and experience.

 

She is in the middle of the annulment process (8 months in no court date yet).

 

Deep pockets, deeper patience (years and years possibly)

 

her passport says she is married (in the Philippines

 

My guess is that until the marriage is annulled her passport status wont change

 

The question is will the U.S. Consulate a federal agency honor the divorce and allow a K1 Visa or Marriage Visa if the Philippines doesn't?

 

Moot point really IMHO, since the primary form of identification now days is a passport. Until her passport changes its going to be the only thing they will really look at.

 

And...(separate question) Will the new law apply if she was married in the Philippines to a national and divorced in a foreign country.

 

Same as above I am afraid.

 

This is not what you want to hear, but I would suggest this. New Jersey has a HUGE Filipino population, and where there are Filipinos that are ALWAYS immigration problems. I would advise that you consult an immigration lawyer there in NJ who is familiar Philippine law. I would bet a large amount of anything you like that there is one near you if you search diligently.

 

To be perfectly honest, this is to important to rely on a bunch of strangers who are amateurs (but that sure wont stop us from bloviating about it :hystery: )

[Dave Hounddriver]

I would advise that you consult an immigration lawyer there in NJ who is familiar Philippine law.

 

Yeah, what he said! 

 

Everything we can tell you while living here in Philippines is not what you want to hear.  We have all learned that Philippine citizens who are married to other Philippine citizens can NOT get a divorce, even on the moon.  That said, there are lots who are still married but have a 'legal separation' and are living with someone else.

 

Info on legal separation here:

http://www.chanrobles.com/amno021111sc.html#.Vleqq9IrK00

[Jack Peterson]

'legal separation' and are living with someone else.

 

 Here, that is your Stay out of Jail card  :)

 

Jack :thumbsup:

[Richieboy67]

I would advise that you consult an immigration lawyer there in NJ who is familiar Philippine law.

Yeah, what he said!

Everything we can tell you while living here in Philippines is not what you want to hear. We have all learned that Philippine citizens who are married to other Philippine citizens can NOT get a divorce, even on the moon. That said, there are lots who are still married but have a 'legal separation' and are living with someone else.

Info on legal separation here:

http://www.chanrobles.com/amno021111sc.html#.Vleqq9IrK00

So true. I have seen much of that.

Many couples who are actually both still legally married to someone else.

[i am bob]

My future bride someday is married to another foreigner who deserted her and the child he didn't want... Our plan is to go to Canada and, after 6 months, apply for her divorce. No need for him to show up. Divorce isn't recognized here? Tough! It is on every other country and that includes the Vatican. Why? She was married in a civil ceremony and not the church... So the Catholic Church doesn't recognize her marriage... Lol

[Jack Peterson]

My future bride someday is married to another foreigner who deserted her and the child he didn't want... Our plan is to go to Canada and, after 6 months, apply for her divorce. No need for him to show up. Divorce isn't recognized here? Tough! It is on every other country and that includes the Vatican. Why? She was married in a civil ceremony and not the church... So the Catholic Church doesn't recognize her marriage... Lol

Sorry Bob not with you on this one. If she was married outside the Philippines there is no way she can get a Divorce. The world over will tell you if The Divorce is recognized in the Country it was solemnized we will divorce you. But not if the Country she married in does not and it ( THE PHILIPPINES) does not Recognize Divorce Civil or Church. BTW I am sure you may be mistaken about the VATICAN

Best of luck mate But................

[i am bob]

My future bride someday is married to another foreigner who deserted her and the child he didn't want... Our plan is to go to Canada and, after 6 months, apply for her divorce. No need for him to show up. Divorce isn't recognized here? Tough! It is on every other country and that includes the Vatican. Why? She was married in a civil ceremony and not the church... So the Catholic Church doesn't recognize her marriage... Lol

Sorry Bob not with you on this one. If she was married outside the Philippines there is no way she can get a Divorce. The world over will tell you if The Divorce is recognized in the Country it was solemnized we will divorce you. But not if the Country she married in does not and it ( THE PHILIPPINES) does not Recognize Divorce Civil or Church. BTW I am sure you may be mistaken about the VATICAN

Best of luck mate But................

That's just it, Jack, she was married in a civil ceremony in the Philippines. Because we can't get her a divorce here, we get her a Conjugal Visa for Canada. 6 months later she can apply for her divorce. Only reason for divorce in Canada, by the way, is Breakdown of the Family Unit... And foreigners can apply for their divorce after being in country for 6 months. Recognized in every country in the world EXCEPT the Philippines... Lol! As the Catholic Church doesn't recognize Civil Marriages, she can even be married in the Catholic Church after... I've researched this very thoroughly because it was the big block to us being together... She was upset as she thought she would be sinning... But the church just don't care. We fill out a form, it goes to some Catholic committee who looks at it, says she wasn't married in the eyes of the church, sends back another document and she's good to go! We can then be married in the RC Church if we so desire...