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Rwtom

I was married in the RP originally. My x divorced me here in the states. I’ve since met someone else, also a filipina in the RP.

My question is what’s the best way to get a visa for my new potential wife? 

I don’t think RP will recognize my divorce unless I get an annulment in court. Which I’ve heard takes years. Is it possible we could travel to another country and get married, and then apply for spouse visa? Or can we apply for fiancé visa now? A tourist visa is also an option, but I’ve heard that’s very difficult to acquire.

I’ll probably seek an immigration lawyer, but would appreciate some advice 

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shadow
12 minutes ago, Rwtom said:

I was married in the RP originally. My x divorced me here in the states. I’ve since met someone else, also a filipina in the RP.

My question is what’s the best way to get a visa for my new potential wife? 

I don’t think RP will recognize my divorce unless I get an annulment in court. Which I’ve heard takes years. Is it possible we could travel to another country and get married, and then apply for spouse visa? Or can we apply for fiancé visa now? A tourist visa is also an option, but I’ve heard that’s very difficult to acquire.

I’ll probably seek an immigration lawyer, but would appreciate some advice 

Your divorce will be recognized, but there are some serious hoops to jump through to get PSA to list you as free to marry. Not as much as a full blown annulment, but it is still a pain in the butt.

If you have been with her in person at some point in the last two years, there is probably nothing stopping you from filing for a fiance visa. The US embassy does not care what the Philippine PSA has to say about your marital status, as long as you have a legal divorce abroad, you are good to go on that route. Fiance visas are now taking 6-8 months, depending on which service center they route you through.

Unless your new bride is wealthy in her own right, there probably is not much chance of her being granted a tourist visa.

You don't need a lawyer. They often do more harm in simple cases like yours than they do good.

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Rwtom

Thanks, that’s exactly what I needed to know. I wasn’t sure if the US embassy would grant a Fiance visa unless my divorce was recognized in RP

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SkyMan

If you decide to get your divorce recognized here, I would suggest you get your x to do the filing if you're on good enough terms for her to do that.

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shadow
19 minutes ago, Rwtom said:

Thanks, that’s exactly what I needed to know. I wasn’t sure if the US embassy would grant a Fiance visa unless my divorce was recognized in RP

Yes, all they care about is that the two of you can legally marry in your place of residence. There is some basic info on our website http://fil2usa.com/the-k1-fiance-visa/

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HTM
13 minutes ago, SkyMan said:

If you decide to get your divorce recognized here, I would suggest you get your x to do the filing if you're on good enough terms for her to do that.

Before it was best if he did, but I think a bit different na after the Supreme Court last year say "Filipinos divorced in other countries are allowed to remarry under Philippine law"

But still need to have it approved her by filing a petition for judicial recognition of divorce before the Regional Trial Courts

 

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shadow
Posted (edited)
16 minutes ago, HTM said:

Before it was best if he did, but I think a bit different na after the Supreme Court last year say "Filipinos divorced in other countries are allowed to remarry under Philippine law"

But still need to have it approved her by filing a petition for judicial recognition of divorce before the Regional Trial Courts

 

And for a judge to recognize it as valid, it must first be validated by the Philippine Embassy or consulate with jurisdiction where the divorce took place.

The only thing that really changed was under the new law a Filipino can now be the petitioner in the divorce. Before that was not the case.

Edited by shadow

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SkyMan
22 minutes ago, HTM said:

"Filipinos divorced in other countries are allowed to remarry under Philippine law"

But the OP is not a Filipino. 

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shadow
13 minutes ago, SkyMan said:

But the OP is not a Filipino. 

I don't see how any of this is relevant to the OP, or the thread.

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HTM
34 minutes ago, shadow said:

I don't see how any of this is relevant to the OP, or the thread. 

Sins na bout of them can do it, not only him as before. 
And after this its scud be faster and less complicate then before, we can hope.

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SkyMan
45 minutes ago, shadow said:

I don't see how any of this is relevant to the OP, or the thread.

OP said.....

3 hours ago, Rwtom said:

 

I don’t think RP will recognize my divorce unless I get an annulment in court. 

I think it's relevant. 

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shadow
2 hours ago, SkyMan said:

OP said.....

I think it's relevant. 

They would always accept his divorce, by jumping through the same hoops he would have to now. So nothing has changed as far as his options and requirements. Once again, the only thing that changed was the fact that now PSA will recognize the divorce for the Filipino even if they were the one that filed for divorce.

So no, I do not see the relevance for the OP.

 

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SkyMan

Part of the OP was the option of getting his divorce recognized in the PI so I think it's very relevant to discuss the ease or difficulty of doing so.

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SkyMan
5 minutes ago, HTM said:
Quote

There is generally no divorce allowed the Philippines, but a marriage between a Filipino and a foreigner is a special case. The Philippines will recognize the divorce of a Filipino obtained abroad by the foreign spouse.

[Note: As of April 24, 2018, even a divorce obtained by the Filipino spouse is also considered valid in the Philippines.]

This follows from the second paragraph of Article 26 of the Family Code of the Philippines: [pullquote]”Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”[/pullquote]

The Filipino spouse shall have the capacity to remarry under Philippine law.  It does not say the foreigner has the capacity to remarry under Philippine law.  Which is why I suggest that if he wants to do this he should see if he can get his x to do it.

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