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married in the states

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1 married in the states on Sun Mar 24, 2013 7:26 am

seventeen hearts


Arresto Menor
hello sa lahat. sana po matulungan ninyo ako sa problemang ito: here's the story

way back 2006 i went to USA trough a k1 visa after 2 months we flew to vegas we went inside the chapel talking to some councilor then after like 5 minutes that's it wedding is over i don't even know na seremonyas na pala yon that time my age was 20 years old then. so to make story we are married na after 2 mons dun nag start yong problem ko kasi he is cheated wd another filipina who is 18 years old that time so we can't fix thing that's the time i decided to come home which is philippines which is my visa still good. then late 2007 he brought the new gf in USA and got married my question is how did he get married that girl when he still married at me is it possible to do that??
in the other hand way back 2009 i meet this another USC and he decided to meet me here in the philippines after dating for one year we decided to get married here we have all the legal papers because as far as i know i am single here in the philippines it proves the CENOMAR so just this year my hubby decide that we are going to move back to USA and our petition is approved i am going to have ainterview this coming may 2013 and now i am confuse in our application is that i never been married so i assume i am gonna have a big trouble if they catch me is that consider a bigamy? if ever i will be lifetime ban in the states?? but my ex hubby said we are divorce but i never get any paper on me since 2007 that i came back here...i really need a profesional help here...what do i need to do?? i ask him about a copy he said i can get it to the state i don't remember that i sign any divorce paper how possible?? Sad

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2 Re: married in the states on Mon Mar 25, 2013 7:10 pm

attyLLL


moderator
i can answer you from the point of view of ph law only. your first marriage is valid. even if there was a divorce, you should have filed a petition for recognition of foreign judgment. consequently the second marriage is void for being bigamous.

however, US law will probably consider the 2nd marriage as valid. best to consult a US lawyer


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3 Re: married in the states on Thu Mar 28, 2013 1:04 pm

Cooper Law


Arresto Menor
Hello. I am a lawyer from the US. To answer your question, if you and your husband were properly divorced in the USA, then he is free to marry whomever he pleases. Even though you never signed any paperwork, he might have been able to obtain the divorce without your involvement because you "deserted him" by leaving the country and returning to the Philippines.

If he did not really get divorced and really married another woman, then he is guilty of bigamy and could go to jail. This is important, not just in the Philippines, because if you are not divorced, you could also be charged with bigamy in the USA if you marry your new fiance.

If your ex-husband will not send you a copy of the Divorce Decree, you will need to find out from him WHERE he filed for divorce.

If you know the COUNTY of the STATE where the divorce paperwork was filed, you should be able to get a copy of it. Many of the courts in the States have their records online, but some still do not.

Once you know the COUNTY and STATE of the court, simply Google the site for the CLERK OF COURT. For example, "Orange County Florida Clerk of Court" would give me the website for the court in Orlando, Florida, USA. You may or may not be able to search the CIVIL RECORDS for your Divorce Decree. If you can not get a copy online, you will need to visit or write to the Clerk of Court and ask for a "CERTIFIED COPY" of the Divorce Decree. You do not need a lawyer to get the copy, but there will likely be a small fee. Each court has their own rules, so it would be best for you or your new fiance to call the Clerk of Court and ask what you need to do to get a Certified Copy.

I hope this is helpful.

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4 Re: married in the states on Thu Mar 28, 2013 4:57 pm

attyLLL


moderator
hi cooper, this is great info.

when a decree will be presented in our courts for recognition, it is required that:

1) it be marked as a true copy and certified by the keeper of the record
2) it be authenticated at the foreign country's equal of a department of foreign affairs
3) further authentication at the PH consulate or embassy


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5 Re: married in the states Today at 8:25 pm

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