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Rwtom

2nd Marriage

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shadow
3 minutes ago, SkyMan said:

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.

The foreigner has always had the right to remarry. The Filipino could only remarry if it was the foreigner who filed for divorce.

Seems like you just want to argue for the sake of arguing.

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SkyMan
19 minutes ago, shadow said:

The foreigner has always had the right to remarry.

Not in the PI because he can't get a CENOMAR.  So, he has to get his out of country divorce recognized by in the PI.  But, the law  quoted is not for the benefit of foreigners.

 

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RedRanger
13 hours 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 

Immigration Lawyer for that?  No need.  Everything you need is easy to get and filing forms come from the USCIS website.  I would say most any one with a 7th grade education can file their own visa.

There are plenty of self help forums who can give you any free assistance you need, VisaJourney is best I have seen, and they provide sample forums as well.  If you have specific questions regarding Philippines they have regional sections and Philippines and it is pretty active,  I see a few cases per week just like your ask for advice and get approved for a visa at the US Embassy in Manila.

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shadow
19 minutes ago, SkyMan said:

Not in the PI because he can't get a CENOMAR.  So, he has to get his out of country divorce recognized by in the PI.  But, the law  quoted is not for the benefit of foreigners.

 

No it is not for the benefit of foreigners, because they always had the right to have it recognized, as did Filipinos whose spouse filed for divorce abroad. As I posted earlier, they have to get their divorce decree authenticated by the  Philippine embassy or consulate that serves the area where the divorce took place, then have it validated by a Philippine judge. The process can be done in about 6 months or so, depending on the court backlog where they have it validated, and cost is P20,000 to P50,000 in attorney fees. Then, the judge will send the final ruling to the PSA, and a CENOMAR can then be obtained. We have assisted no less than a half dozen clients through this in the last decade. 

This method was also available for Filipinos whose spouses filed for the divorce abroad. The new rule just allows them to do it even if they were the one that filed for the divorce.

Now, please tell us of your vast experience in the matter.

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SkyMan
Posted (edited)

 

 

Edited by SkyMan

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shadow
Posted (edited)
14 minutes ago, SkyMan said:

 

 

And my response to that post has not changed;

Quote

 

  On 3/13/2016 at 6:52 PM, SkyMan said:

He may be alright then after he gets the divorce.  

 

Yes but...  In his case as I said, he is probably alright but it will be his X who applies for this action and after approved I 'assume' it will apply to him as well.  While not impossible, I would not think they could say that he is still married to someone no longer married to him.  I have a good friend who divorced his filipina X in CA where both of them lived at the time.  Now living here he has spent what amounts to the cost (time and money) of an annulment to get the divorce recognized and the court finally ruled that such action under RP Family law is for the benefit of RP citizens only.  His X is willing to make the application but this would amount to square one and I think he may be disgusted by the whole thing and not very willing to shell out a bunch more cash.

Read more  

Your friend needs a better lawyer! We have gotten two foreign (US) divorce recognized by Philippine courts without near the problems and cost you say he has had.

 

 

Edited by shadow

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SkyMan
Posted (edited)

Could be luck of the judge or perhaps word got around the courts that a foreigner can also file for the recognition.  He did eventually get married after 6 years in the courts.

I still think if a guy wants his foreign divorce of a Philippine marriage he'd have an easier time of it if he could get his x to do the filing. However, I don't imagine the time and expense would be worth it in this case,

Edited by SkyMan

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RogerDuMond
Posted (edited)

I did some research on this before and the only thing the court does is order the PSA to change their records. They look at the divorce paperwork making sure it is legally done and then issue the order to the PSA. The PSA will not make a change to their records to include the divorce in the records without a court order. It is really a simple procedure and not costly. The whole thing is only relevant  if you want to get married in the Philippines again.

Edited by RogerDuMond

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shadow
6 hours ago, RogerDuMond said:

I did some research on this before and the only thing the court does is order the PSA to change their records. They look at the divorce paperwork making sure it is legally done and then issue the order to the PSA. The PSA will not make a change to their records to include the divorce in the records without a court order. It is really a simple procedure and not costly. The whole thing is only relevant  if you want to get married in the Philippines again.

Thank you, Roger. It can be a pain in the butt, but it is not that complicated if done correctly the first time.

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Rwtom
6 hours ago, RogerDuMond said:

 

I did some research on this before and the only thing the court does is order the PSA to change their records. They look at the divorce paperwork making sure it is legally done and then issue the order to the PSA. The PSA will not make a change to their records to include the divorce in the records without a court order. It is really a simple procedure and not costly. The whole thing is only relevant  if you want to get married in the Philippines again.

 

Thanks, it’s good to know this option isn’t too expensive and doesn’t take years. I’ll probably try the k1 visa option first. I was concerned I’d have to get a cenomar for the k1. Sounds like I don’t 

8 hours ago, SkyMan said:

I still think if a guy wants his foreign divorce of a Philippine marriage he'd have an easier time of it if he could get his x to do the filing. However, I don't imagine the time and expense would be worth it in this case,

My x won’t bother to do that unless there’s sufficient motivation; like she wants to marry again there.

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Rwtom
9 hours ago, shadow said:

No it is not for the benefit of foreigners, because they always had the right to have it recognized, as did Filipinos whose spouse filed for divorce abroad. As I posted earlier, they have to get their divorce decree authenticated by the  Philippine embassy or consulate that serves the area where the divorce took place, then have it validated by a Philippine judge. The process can be done in about 6 months or so, depending on the court backlog where they have it validated, and cost is P20,000 to P50,000 in attorney fees. Then, the judge will send the final ruling to the PSA, and a CENOMAR can then be obtained. We have assisted no less than a half dozen clients through this in the last decade. 

This method was also available for Filipinos whose spouses filed for the divorce abroad. The new rule just allows them to do it even if they were the one that filed for the divorce.

 

Thanks for the clear info. I searched a lot before posting here and could find very little 

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Rwtom
9 hours ago, RedRanger said:

Immigration Lawyer for that?  No need.  Everything you need is easy to get and filing forms come from the USCIS website.  I would say most any one with a 7th grade education can file their own visa.

I mistakenly thought I’d have to get my divorce recognized in RP before I could get a K1 for her. Thanks to the good info here now I know that’s not true. I will process the K1 myself. I agree it’s not that difficult 

21 hours 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.

We’re on good terms, but she’s here in the states also and not motivated to go through the effort 

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jimmyzr1

I have a question on this subject, can the Philippines government keep records of previous fiancé visas applied for by foreigners that led to marriage in the US? I brought a Filipina to the US, about 8 years ago, married her there. Two years later divorced her, she stayed there, now I’m considering marrying a 2nd lady here. Do they keep any records of my previous actions? I’ve read that I need to go to the US embassy here to get a “legal capacity to marry form” or something like that. Wouldn’t it be easier, to not show proof of previous marriages and divorces to the Philippines, and avoid a possible long, drawn out and possibly costly, procedure of remarrying here? Just a question as I’d prefer to not incur extra expense of having to list divorce records.

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RogerDuMond
3 minutes ago, jimmyzr1 said:

I have a question on this subject, can the Philippines government keep records of previous fiancé visas applied for by foreigners that led to marriage in the US?

They do not, to the best of my knowledge. The U.S. does not have the time, or inclination to forward this information to the Philippine government.

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Headshot
28 minutes ago, jimmyzr1 said:

I have a question on this subject, can the Philippines government keep records of previous fiancé visas applied for by foreigners that led to marriage in the US? I brought a Filipina to the US, about 8 years ago, married her there. Two years later divorced her, she stayed there, now I’m considering marrying a 2nd lady here. Do they keep any records of my previous actions? I’ve read that I need to go to the US embassy here to get a “legal capacity to marry form” or something like that. Wouldn’t it be easier, to not show proof of previous marriages and divorces to the Philippines, and avoid a possible long, drawn out and possibly costly, procedure of remarrying here? Just a question as I’d prefer to not incur extra expense of having to list divorce records.

USCIS does keep records on multiple visa applications, but for different reasons than you are thinking. If somebody takes more than two women to the US on fiance visas, and then quickly either drops the women or divorces them right after marriage, then USCIS will start investigating that person for human trafficking (since this is a tactic used by human traffickers who wan to place women in the US sex trade. That certainly wouldn't even enter the picture in your case.

The “Affidavit In Lieu of a Certificate of Legal Capacity to Contract Marriage” paper from the embassy or consulate that you refer to is only for those wanting to marry in the Philippines. It is not needed for those planning to marry in the US. Your fiance may require a CENOMAR from the Philippine government, and you will need a copy of your divorce decree, but that is all. You also don't need a CENOMAR for yourself unless you plan to marry in the Philippines.

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