KEY Thread Annulment of marriage in the philippines soon to be made easier

Yes, my fiance is married to a filipino. We have just begun with this lawyer and I don't know his ploy. I don't think there is but one way to obtain the visa but I am guessing that he will present some sort of case to the embassy providing his reasons and his guarantees of her return to the Philippines. I really don't know yet. It may not be beyond taking my money but we will see. We all know visas to the US are granted from here, they are just not easy to get. For example, my future wife is a real estate agent and has been invited to go to Los Angeles with the company she works for later this year for a two week sales seminar. The company sponsors that visa. The waiting game is when obtaining an annulment and a K-1 fiance visa. Just the K-1 usually takes 6 months I am told. The annulment wait time and process is ridiculous and can take years. I am just hard headed and impatient and am going to spend a few dollars and see if what I've been told about this divorce is true.

 

Just to throw in my $0.05 — I got a lawyer in Manila since we were living there at the time. Cost 400k payable in 4 equal rates tied to case progress, plus appearance fees etc. Started 2013, until now I paid only the first rate which was due when we signed the contract. Go figure

 

Wow then your case would take 12 years till it is finished.
I heard of a case took only few years but 4 mio php. Most of the money was under the table money to speed up the process.

 

And that is a divorce outside the Philippines? It's not possible when both parties are Filipinos. (Art. 15- Civil Code)
http://www.gov.ph/downloads/1949/06jun/19490618-RA-0386-JPL.pdf
Unless while still married one party loses his/her Filipino citizenship through naturalization in a country where divorce is recognized.
(Art. 26-Family Code)
E.O. No. 209
But that's just my understanding from some discussions online.

 

I think that's correct from the Philippines government's perspective, but I believe what Plainspoken was saying was that a foreign divorce could, under the right circumstances, be recognized by the US govt. for immigration purposes, even if both members of the union were Filipino citizens AND even if the divorce was not recognized by the Philippines.
But I'm not sure how that would work for practical purposes. There's still some paperwork from Philippines govt agencies (CFO etc.) that might be hard to get if the Filipina/Filipino is still married under Philippines law.

 

Guam is a US Territory so it would not be a foreign divorce in the US.

The questions are... How do you get a 7 Day Visa that doesn't exist? What is the legal position of Guam for granting a divorce to a foreigner whose spouse is in the home country and can't be notified of the proceedings? What penalties are involved since Philippine law specifically forbids getting a divorce this way? If they get married will she be considered a bigamist or will they both be guilty of adultery (not really a concern if never returning to the Phils)?

As big a pain (cost and time), the annulment route seems the only way to avoid problems - unless not planning on ever returning to the Phils for even a visit.

 

I believe the key to your post is that she "was married to an expat". The Philippines WILL recognize a foreign divorce if at least one of the parties is not a Filipino citizen at the time of divorce. (Note - it's fine If both were originally Filipino citizens but at least one has naturalized to another citizenship at time of divorce) But I believe birdwatch's statement is true that foreign divorce between two who are STILL Filipino citizens is not recognized in the Philippines.
Divorce between Filipino citizens recognized in the Philippines - The Manila Times Online

 

A Filipino can not file a divorce period. My Japanese husband knew that the Japanese government will not support my cost of living when I left unless he divorces me. I waited for 7 years living on my own until he gave up and filed the divorce because our two kids who stayed with him while attending their first half in college also left him to join me.