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married to a U.S. citizen

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1 married to a U.S. citizen on Sun Jul 21, 2013 5:09 pm

alexia09


Arresto Menor
I would like to get an advice and clarification of this matter where my marriage is involved. I am married to an american husband on civil rights. we gone through the Philippine requirements for marriage. that time was my biggest proof he was single since he got his capacity of marriage from the US embassy, Manila.. which now, I have a few questions... He got a divorced in US but just found out that him and his ex-wife got married in the Philippines too [they got married in the US and had a chance to got wedding in the PH too]... both of them holding an american passport... The ex-wife is a Filipina but had grew up in the US since she was 5 year old.

May I ask for clarification if whether my marriage to my husband is null? I do not know what to do and how could I start of which I could find out about the legality of our marriage.

Thank you in advance for all your help and advises.

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2 Re: married to a U.S. citizen on Mon Jul 22, 2013 5:31 am

AWV


Reclusion Perpetua
Your story is not very clear! You have to emphasize who did he marry first! You or the FilAm? If they got divorce and remarry in Philippines, then he is facing bigamy under Philippines jurisdiction (technically if she is a dual passport holder). Also, that is if he ever come to Philippines again. You can only find out if your married is null and void if you are the second one he marry, but if he marry you first, then his marriage to the FilAm is null and void under the Philippines jurisdiction and you can file bigamy case against him if he ever comes to Philippines again. But if he does not come to Philippines, then you cannot sue him unless you go and chase after him in America!

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3 Re: married to a U.S. citizen on Thu Aug 01, 2013 10:08 pm

bellaalice18


Arresto Mayor
I can't help but comment on this. The story is crystal clear. Alexia09 is of course the latest wife because she decribed the first wife as an ex-wife. And as she mentioned, the divorce was already filed between the first wife and her husband. As to you Alexia, most Filipino lawyers will suggest to file a petition of nullity under Article 36 of the family code. But what you need to make sure is
1. Is the ex-wife a dual citizen?
2. Who initiated the divorce?
3. Is your husband a dual-citizen?

If it's the Filipino spouse who initiated the divorce action,the divorce will not be recognized here in the Philippines.

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4 Re: married to a U.S. citizen on Thu Aug 01, 2013 10:16 pm

bellaalice18


Arresto Mayor
I can't help but comment on this. The story is crystal clear. Alexia09 is of course the latest wife because she decribed the first wife as an ex-wife. And as she mentioned, the divorce was already filed between the first wife and her husband. As to you Alexia, most Filipino lawyers will suggest to file a petition of nullity under Article 36 of the family code. But what you need to make sure is

1 Who initiated the divorce?
2 Is your husband a dual-citizen?
3 is the ex-wife a dual-citizen?

If it's the Filipino spouse who initiated the divorce action,the divorce will not be recognized here in the Philippines.

If it's the alien spouse who initiated the divorce,it will be recognized in the Philippines.

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5 Re: married to a U.S. citizen on Sun Sep 22, 2013 10:58 am

yagifranci


Arresto Menor
If the alien spouse initiated the divorce, under art.26, family code, the filipina spouse may remarry complying with the requisites under the same provision.

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6 Re: married to a U.S. citizen on Mon Oct 28, 2013 6:23 pm

arkie


Arresto Menor
In as far your husband is concerned,his marriage with his first wife has already been terminated on account of the decree of divorce. Being a US citizen himself,their national law recognizes divorce. Therefore,his subsequent marriage that he contracted with you is valid. As to his ex-wife,she may remarry. I don't see any defects in your marriage.

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