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liquido

Marriage Question

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liquido

I have a friend from the USA  planning on getting married here..He was very amicably divorced 25 years ago with no kids in the USA.He plans a simple justice of the peace wedding here.Here's the catch..He will state here that he is not divorced and has been single all his life..Will he be able to do that here without a problem?.How would they know here?.She is aware that he is divorced plus they have NO plans for the both of them to go to USA .He is retired and can live very comfortably...He said he knows the state he got married in but does not know the county cause his ex did all the leg work..haha

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Ozepete
5 minutes ago, liquido said:

I have a friend from the USA  planning on getting married here..He was very amicably divorced 25 years ago with no kids in the USA.He plans a simple justice of the peace wedding here.Here's the catch..He will state here that he is not divorced and has been single all his life..Will he be able to do that here without a problem?.How would they know here?.She is aware that he is divorced plus they have NO plans for the both of them to go to USA .He is retired and can live very comfortably...He said he knows the state he got married in but does not know the county cause his ex did all the leg work..haha

He needs to be honest. Get a CENOMAR  certificate which shows he was married but now divorced (get copy of divorce) so no restriction on his upcoming marriage. If he does as suggested and says he was never married he is leaving himself and new wife wide open to a lot of grief! 

https://psa.gov.ph/civilregistration/requesting-civil-registry-document/cenomar

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TimL

Agree with Pete, why lie and risk causing himself grief later. I'm sure that he knows where he was divorced and could track down the County in which it was finalized. Get the divorce decree and be above board. 

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liquido

I copy and pasted what both you guys psoted and forwarded back to him..I hope he does the right thing...Thanx guys

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Jawny

I’d advise against this.  Even though there will be no interest in having a visa applied for the spouse, there is always a possibility the prior marriage and divorce could be revealed.  Then, the marriage here potentially becomes invalid. 

There are a variety of ways to locate divorce records. A quick google search will result in options.  

If he's unclear about the divorce, then is it possible it was never finalized?

If there is a survivor benefit to the retirement income, then it is possible the new spouse could be denied access to benefits.

 

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shadow

Over the years of doing visas, we have had dozens of guys claim numerous reasons why they cannot get a divorce decree, and try to get past immigration etc.. But, when they inevitably get caught, they somehow amazingly come up with the divorce decree in two weeks or less. We had another one with this case scenario earlier this year.

Many who come here to marry, saying they will never want to take their girl to the USA, change their tune and do so within just a few years. 

Can he get away with not claiming his past marriage in order to get married in the Philippines? Yes, probably.

Is it wise to commit perjury by false swearing to the embassy/consulate to get the affidavit in Lieu? Probably not.

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user333

To get married in the Philippines, you need to go to the US Embassy and swear that you've never been married before (or show them the divorce paperwork). They will give you a document called the affidavit in lieu of legal capacity to marry that you will pay $50 for. The PH govt keeps track of all marriages and puts them into a central database. The US doesn't have that, so in order to meet the PH's legal capacity to marry document rule, the US will just take your word for it and give you the affidavit in lieu of legal capacity to marry document. The US won't check your background. In the PH, you have to get a CENOMAR. A Certificate of No Marriage Record shows that you have never been married in the PH before. Could you deceive the US embassy and the PH local government? You could, but it is not suggested.  

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savarity

Sounds like he could.

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Headshot

Sounds like he has no idea where his divorce decree is. Well, he needs to just buck up and go ask his ex-wife which county she filed in. Why anybody wouldn't obtain and keep a copy of their divorce decree is beyond me, but now he needs to do whatever is necessary to get a certified copy. He shouldn't even think about perjuring himself to the consul about his previous marriage, as it will just cause all kinds of grief down the road.

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to_dave007

In this case.. there seems to be no reason.. other than laziness..  to lie.  Do it the right way.

Very seldom do the experienced members here on LINC agree so unanimously about anything.   Hope that's not lost on the friend of the OP.

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liquido

Everything posted here has been copy/pasted and forwarded to my friend.He's an educated man probably with no common sense.I hope all this input will sway his mind.. 

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Paddy
1 hour ago, liquido said:

He's an educated man probably with no common sense

Did you copy/paste that bit?😄

For the record, I agree with the consensus here. Why lie when a) you don’t have to and b) it might cause trouble later?

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liquido

My own curiousty about this question..What if you are single in the USA ..Is there any legal means of  documentation showing that you are 100% single that would be accepted in the Philippines....?

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Jawny

Three clicks away with google....

 

https://ph.usembassy.gov/u-s-citizen-services/local-resources-of-u-s-citizens/getting-married/

 

In short, there is no equivalent system to the PSA in the USA, so the US embassy offers a service for citizens to swear to an affidavit with basically says there is no impediment to being married here.  This applies to other nationalities as well.  

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