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is divorce in america reflect here in the philippines if they also married here and there??

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jhoycejalkson


Arresto Menor
i have a boyfriend and he wants to marry me here.but before he's married to other girl here in the philippines before and they got divorce in the U.S., i just wanna ask f is that divorce can reflect here too??how it can affect our plan to get marry here this year?

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attyLLL


moderator
is he a filipino or a foreign citizen?


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jhoycejalkson


Arresto Menor
he's a foreign citizen..they got married here cuz the girl marry him just for the paper for the girl to be american citizen..they never been like husband and wife cuz they never live together..and the girl always asking for money from him even they are already divorce

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attyLLL


moderator
there are two trains of thought. one states that if his government is willing to issue a certification that he has capacity to marry, then phils. cannot question that.

the other is that if he does not acquire a recognition of his divorce first, he will be liable for bigamy.


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jhoycejalkson


Arresto Menor
so if his government can issue a certification that he has capacity to marry again here in philippines it means he can marry me? does he just need to have a recognition of his divorce and show it to the embassy?or what? pls state to me the steps we need to do.

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attyLLL


moderator
off the bat, if he is an american citizen, the US embassy no longer issues that certification.

if there is a risk that there is someone who is interested in filing a bigamy case against him, then what i recommend to my clients is to just file for a fiance visa then get married outside the philippines. the alternative is to file a petition for recognition of the divorce here.

if they are willing to risk it, then they can get married.


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jhoycejalkson


Arresto Menor
so he can remarry again here in philippines? but what about his marriage record in NSO?? will that be useless? cuz his ex-wife been just scammed him

file a petition for recognition of the divorce here?how can this help us? how long will it take to process a fiance visa(K-1) and K-2 visa?

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attyLLL


moderator
a petition for recognition of divorce is a safe route because the divorce will be annotated on his marriage certificate at the nso.

the danger here is being charged of bigamy. if you think there is a low risk that someone will charge him of that, then he can consider marrying right away if his government will issue a certification that he can marry.


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