ForumTitleContentMemberSexCountryDate/Time
PhilippinesCalling all Filipino living in Fullerton,CA or near...
TO MAJCA.... man i should have given you my number huh??? im like 5 mins away from popeye!!!! sayang....

ATE SENORITA.... pagdali lagi anhi dri ate. dili diay pwede ang CERTIFIED TRUE COPY?? or maybe still a copy from the NSO but not the SCPA yet?? they can still authenticate diba? but you have to get a certified true copy from your municipal hall. thats what i did for my son since he was 5months old when i started processing his papers....
-mitch-FemalePhilippines2009-06-19 11:35:00
PhilippinesCalling all Filipino living in Fullerton,CA or near...
hi ate senorita, hehehehe i know i just replied to your hubby's reply ehhehehe.. pag dali og anhi diri para manglaag ta... hehehehe

hi majca,
i was there to visit someone... we should arrange a meet up with VJ family...
-mitch-FemalePhilippines2009-06-18 19:19:00
PhilippinesCalling all Filipino living in Fullerton,CA or near...
i was just there last week... we should huh? maybe we have to invite more... a visajourney family meet up hehehe that woould be fun
-mitch-FemalePhilippines2009-06-17 16:20:00
PhilippinesCalling all Filipino living in Fullerton,CA or near...
hello, if whoever is staying close by maybe we could plan for a meet up huh? im here in Loma Linda, ca
45 minutes drive from fullerton.
-mitch-FemalePhilippines2009-06-17 13:58:00
PhilippinesWhat makes you say, "I am happy to have him in my life."
simple stuff like:
he calls me at work and come to think about time difference of US and Philippines! and just to ask me how was my morning.??.. not to mention he sent stuff through LBC from the Philippines all the way there in California.... that was expensive but right there and then! i can tell myself that im am so blessed that i have him in my life!
-mitch-FemalePhilippines2009-07-31 14:44:00
Philippinesfiled i-130 for husband w/stepson as dependent
im just trying my luck here.. i did asked this question at the other thread but didnt had so much help...

is there anyone here in the house who petitioned a husband who has a minor dependent along with him???
may i ask what are the things needed for my stepson to come here in the US with my husband..court orders? affidavit from the mother? anything...


pls, as you can read from my timeline... im already seeing a light at the end of the tunnel but dont know what to gather for my stepson's papers...
just want to thank you in advance...
-mitch-FemalePhilippines2010-04-25 03:57:00
PhilippinesAny Pinay living from Southern California? Let's be together! :)
anyone from riverside area.... im 1hr drive from glendale... depends though on how fast you drive hehehehe
-mitch-FemalePhilippines2009-06-18 18:52:00
PhilippinesPASSPORT EXPIRING IN MAY - TRIP IN MARCH

- mitch -

You have a green card you are not subjected to this because you are not given a "time limit" upon entering the usa. And airport/airline officials should not even bring it up.



i believe so too RIC.... thanks much. ill be at the consular office in LA tomorrow afternoon.. ill share whatever ill get from there.
-mitch-FemalePhilippines2011-02-23 18:12:00
PhilippinesPASSPORT EXPIRING IN MAY - TRIP IN MARCH

I looked it up. 6 months min on passport

ENTRY / EXIT REQUIREMENTS: U.S. citizens may enter the Philippines without a visa for tourism purposes upon presentation of their U.S. passport, valid for at least six months after the date of entry into the Philippines, and a return ticket to the United States or an onward ticket to another country. Upon arrival, immigration authorities will annotate the traveler’s passport with an entry visa valid for 21 days. If the traveler plans to stay longer than 21 days, he/she must apply for an extension at the Philippine Bureau of Immigration and Deportation's main office at Magallanes Drive, Intramuros, Manila, Philippines, or at any of its provincial offices. If you are coming to the Philippines for other purposes, please check the Embassy of the Philippines website for visa requirements and/or the Philippine Bureau of Immigration. You may be denied entry or be given a fine if your purpose for entry is other than tourism and you do not possess the correct visa.



i am not a US citizen though.... im a citizen of the Philippines which carries a philippine passport that is expiring 7days after my arrival back here in the US.
-mitch-FemalePhilippines2011-02-23 18:09:00
PhilippinesPASSPORT EXPIRING IN MAY - TRIP IN MARCH

Holding a US Passport traveling outside of US passport must be at least six months before expiration day.
If you are holding a PH passport they might let you go but will make sure you sign something from airline and you must provide them proof of a return ticket.

I work for EVA for six years I know the policy.

The airline will give you hard time.
Try to express your renewal.



thanks KNNILOPE! if ill try to push through with the renewal, i wont make it to my departure date which is march 21. by renewing it tomorrow, i wont have my new passport till April 7. i have to be in the philippines by the 25th of march....unless i can expedite the renewal but to my research, they dont do that anymore.
-mitch-FemalePhilippines2011-02-23 18:07:00
PhilippinesPASSPORT EXPIRING IN MAY - TRIP IN MARCH

No problem unless it expires before or during the trip.

My wife traveled home last summer, her passport expires shortly after her trip, while home visiting, she simply applied for and got a new passport at the passport office in her home town, and used the new passport to return to the USA. Her old passport expired 1 month after her trip home.

The expiring in 6 month thing has to do with visas to the US, the US consulate wont issue a visa on a passport with less than 6 months validity left, this does not bar a green-card holder from traveling, the passport can expire the day after they arrive in the USA using green-card.

Moving this to Philippines forum, has nothing to do with bringing family members to the USA.



THANK YOU VERY MUCH YUandDAN! thats what i was thinking and planning to do. expiration date is MAY 3, 2011 but were travelling MARCH 21 till APRIL 26 (i just have to renew it in the philippines then.

You need to go to US Manila Embassy website. There is a requirement to have so much time left on your passport before they will allow you to enter the Philippines. I just don't remember how much time. You should verify but it sounds like you don't have enough time left so you should expedite your passport renewal.
Good luck



i believe i wont have any problem entering Philippines since im a citizen there... what bothers me is coming back here in the US.
-mitch-FemalePhilippines2011-02-23 18:02:00
PhilippinesPASSPORT EXPIRING IN MAY - TRIP IN MARCH

HEY mitch... This is what I think. If you are travelling to a country thay you are a national/citizen of and you are a passport holder of that country then you won't have a problem meeting the entry requirements the same way a us citizen or green card holder would be allowed entry into the usa. For the us citizen with the expired/expiring passport he/she would have no issues... For the green card holder... If they make it to the border with out a passport, expired, or expiring passport then they would be allowed entry since the GC is all that's required.

Hope u will get more answers... Safe travel.




i believe you are exactly right. i wont have any problems entering my country but the only thing i am worried about is coming back here in the US... im at work right now, and is been asking around. all of my co-workers are saying that we cant travel if passports are expiring within 6 months....

ill try to go the consular office in los angeles tomorrow to finalized everything before ill pay my booked flight.
-mitch-FemalePhilippines2011-02-23 16:39:00
PhilippinesPASSPORT EXPIRING IN MAY - TRIP IN MARCH
Now i know that i can always get free, fast, and accurate answers from my VJ family.

my passport is expiring MAY 3, 2011 and i am going back to the Philippines MARCH 21 till APRIL 25. would it be a possible problem since my passport is about to expire? is there any way i can expedite the renewal of my passport here in the US (consular office in LA)? or is it okay to renew my passport when i get to the Philippines?


Thank you VJ family for helping me with all these.... thanks much!
-mitch-FemalePhilippines2011-02-23 16:15:00
PhilippinesBISAYA ISPISYAL: Join in!
QUOTE (Kevin- @ Jul 1 2009, 10:16 PM) <{POST_SNAPBACK}>
I'm not Bisayan, but my lady is... She will be joining here soon and I will point her to this thread smile.gif




hi kevin, so your wife is bisayan.... where's she from.... and one thing too... im SDA.... where do you guys live here int he US?
-mitch-FemalePhilippines2009-07-02 12:07:00
PhilippinesBISAYA ISPISYAL: Join in!
hala! karon lang lagi naku ni nakita nga thread..... ulahi ko dah!


bisaya gyud kaayo... TAGA KIDAPAWAN originally pero TAGA DAVAO man akong bana.........
-mitch-FemalePhilippines2009-07-01 16:40:00
PhilippinesWhere's your hometown?
QUOTE (George and Movi @ Oct 31 2009, 07:26 PM) <{POST_SNAPBACK}>
Hi everyone,

Im from General Santos City, southern part of Mindanao and known as the Tuna capital of the Philippines. Hometown of the boxing champ Manny Pacman Pacquiao. My fiance was born in California and now resides in Grapevine Texas.



hi, we stayed for a period of time in gensan while i was visiting... just for a change.... i like that place but the only thing is there is not much taxi to use and its so humid... but the prices of food in those street market was sooo affordable... which part of Gensan do you live?
-mitch-FemalePhilippines2009-11-09 15:11:00
PhilippinesWhere's your hometown?
TO LOVEABOO...sorry for the lost of the chain... were all from the same province and just 45 mins away drive thats why.

TO MANONG... thats sucks huh? and there are those reasons from immigration that just are very unfair and we can say that reasons out
of no where. so youve been here 36 yrs??? wow! ive just been here almost 11 yrs but my visajourney for my husband just
started 2007. and i have a long way to go still. been in and out of the country all these years thats why i cant get me
citizenship and now i have to file i-130 as an LPR... it will be a long journey.
-mitch-FemalePhilippines2009-06-19 11:10:00
PhilippinesWhere's your hometown?
ok lang manong, my mom is purely ilocana as well, and i can even understand ilocano but cant speak it... that's sad huh? they were questioning your relationship... well, ikaw manong how long have you been here??? dugay pa diay sya abot... do they need the scpa marraige cert from nso??? 2yrs bya na usa mag scpa. dili pwede ang certified true copy lang?
-mitch-FemalePhilippines2009-06-18 14:54:00
PhilippinesWhere's your hometown?
in corona??? im like 20 mins away from corona... so meaning wala pa diay ka diri. pagsulti unya kong naa naka... heheheheh duol ra kau na diri oi. wen man ka anhi?
-mitch-FemalePhilippines2009-06-17 18:16:00
PhilippinesWhere's your hometown?
visited hubby and stayed in Bajada for a year.... but originally from MAKILALA, COTABATO

duol rako sa sta. cruz... maybe like 45 mins drive
-mitch-FemalePhilippines2009-06-17 12:31:00
IR-1 / CR-1 Spouse Visa Process & Proceduresscanned copies

hello , i want to know if it's possible to send scanned copy of translation of( marriage certificate, birth certificate) to the nvc or it could cause a Rfe. My wife already have original of both document just , she just need translation that i am about to scann and send by email. i hear that sometime scanned copy can cause rfe so what about scanned copy of translation?




im not sure if you will be getting an RFE for that but it would be best to mail and authenticated copy (translated) to them as well other than just scanning it.
-mitch-FemalePhilippines2012-03-30 12:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs the Invoice Identification Number (IIN) anywhere in Print?
when they say that youll be receiving an invoice then you can call the hotline number and you can pay over the phone even if you havent receive the hardcopy invoice from the mail yet.

but yes, they'll mail you the invoice with the IIN and after paying it either by check, creditcard online of by phone... they will send you a receipt notice...
-mitch-FemalePhilippines2009-09-10 11:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife traveled to the philippines with an expired green card help!
good news!
-mitch-FemalePhilippines2009-07-28 12:30:00
IR-1 / CR-1 Spouse Visa Process & ProceduresWife traveled to the philippines with an expired green card help!
i have a friend from church that the husband went home and realized that his GC is expired.... BUT HES HERE NOW!!!! please, before you apply and file another petition.... get an infopass first... i suppose they paid some kind of a processing fee im guessing 45,000 pesos to the immigration/embassy and he made it home... pls, before you do any move, consult immigration first....have your wife report to US embassy.... coz when i filed my i-90, there are options there if ever GC got expired abroad--- and there are things that you can do about it...



plssssss......if i were you i wouldnt file anything yet! have your wife go to US embassy first.......

-mitch-FemalePhilippines2009-07-27 12:18:00
Philippinescredit card debts
QUOTE (muñequita linda @ Sep 4 2009, 10:48 AM) <{POST_SNAPBACK}>
QUOTE (rheanick @ Sep 3 2009, 11:28 PM) <{POST_SNAPBACK}>
QUOTE (Pepe Alvaréz @ Sep 4 2009, 11:47 AM) <{POST_SNAPBACK}>
QUOTE (rheanick @ Aug 31 2009, 01:03 PM) <{POST_SNAPBACK}>
Pay more than you owe.



I'm thinkin' you're nuts to pay more than you owe! star_smile.gif


Pepe,

If i would compare my husband's salary and our credit limit, we are not nuts on our present practice. I won't reveal our finances here.

I would be the one saying to you... you are nuts for not paying more than you owe. star_smile.gif



Why do you have to pay off ABC Bank $10,000 when your loan balance is only $9,000? You are indeed crazy or your head is full of hot air! You have a problem expressing what you mean to say. I guess you meant to convey "pay more than the minimum required"!



Where is ABC Bank?


NutMagnetMale02009-09-04 13:01:00
PhilippinesFilipina filed for divorce
:-)

Edited by NutMagnet, 18 August 2009 - 11:06 PM.

NutMagnetMale02009-08-18 23:05:00
PhilippinesFilipina filed for divorce
QUOTE (nydvo @ Aug 18 2009, 07:58 PM) <{POST_SNAPBACK}>
QUOTE (Merry Ann's Mykul @ Aug 19 2009, 07:53 AM) <{POST_SNAPBACK}>
QUOTE (jom @ Aug 19 2009, 07:05 AM) <{POST_SNAPBACK}>
I wish people will stop making presumptions on what transpired betwee the OP and the ex husband. Most of us are very lucky that we didn't encounter their problem. Who are we to judge them? So what if she found another USC to sponsor her in coming back here, its none of our business.Just thank your lucky stars that you have a smooth sailing visa process and pray for our fellow Filipina who deserves a second chance.


Yea well, I know its hard to hear what I am saying, but there is something very wrong here. Its easy to see if you look at the writing on the wall. One thing we should all be fighting against is fraud. Ihave found that eople are using this sight to enable the thinking of many filipinas to actually do fruad.

The timelines dont fit. She went back to the PHilippines and file for a spousal visa and had all the time to find a new fiance? All in the span of 14 months? Huh? Remember she had to commit or agree to the spousal visa> di ba? It takes time for that visa to be approved Huh?!!!!!!! What?!!!!! Something is wrong here?

And remember she has agreed on every occasion to sign the AOS first in the USA and then the spousal visa in the PH?! And now she want sign a K1 with another guy????!!!! It looks to me this person id doing everything in her power to get back to USA. And she will do whatever it takes to do so.

And we will see a 2ndvictim again with this thing.

Another post with a person who found out they married the wrong person.

The K1 process is not McDonalds. Its for sincere people who love each other, and want o be with each other for life.

Nahhhhhhhhh!!! I smell malansa....


Ok. The i-130 is in the topic now., and everyone here knows my story anywyz, i might as well, include my timeline. for everyone.. especially to merryann's....

<snip>

Aug. 19 2009-- Today., I sent a cancellation letter to the NVC of my i-130 petition becoz again,My ex wont do it..

any questions and confusions about my timeline, feel free to ask..


OK, I will ask.

You diagnosed Mr. Spiteful as being Bi-Polar/Manic Depressive by watching a TV show?

You obtained a Legal Separation from Mr. Spiteful in the State of Minnesota? You hired an attorney and both of you signed the agreement and it was recognized by the court? In what state was it really filed in, and given your profile of Mr. Spiteful, it would seem that he would have been uncooperative in doing that. It also conflicts with your timeline and short presence in the USA.

You are attempting to cancel USCIS Form I-130 Petition for Alien Relative? I thought you were the alien spouse and Filipino citizen beneficiary? You are getting bad advice, his petition is not for you to cancel. At best you are creating a paper trail of documents to contribute to the validity of your marriage.

Your story is loosing credibility. We are trying to help and provide support to you here. Half-truths are still lies, if you expect honest answers, you need to provide honest details so the forum can help you with your questions.

Your chronicle of alleged domestic abuse is truly saddening. The police in the USA are over zealous in their recognition and suspicions of abuse, moreover police officers are personally liable for NOT taking action when called out on a domestic where elements of abuse are present.

Yet, after their visits to your home, you make no mention of his arrest, or better yet, of Mr. Spiteful being arrested, hog-tied, gang raped or otherwise driven out of town and fed to the coyotes.

While still married, Mr Spiteful came to visit you in the Philippines for five months to work on your marriage and relationship. According to your timeline Mr. Ray, who you had been acquainted with with since May 2008 was also visiting you there during that same time!

One or both of these men were not given the truth. Could it be that you are driven by drama and wanted them to meet each other for your own amusement? Ooooooh, the excitement of two grown men fighting over you.

In every relationship breakup there is an angel and a devil. When the other party is queried, somehow the protagonist and antagonist positions are reversed. The truth is somewhere in between.

Thanks for sharing your stories

Your friend,

NM














NutMagnetMale02009-08-18 22:23:00
PhilippinesFilipina filed for divorce
QUOTE (happyme @ Aug 18 2009, 04:22 AM) <{POST_SNAPBACK}>
QUOTE (NutMagnet @ Aug 18 2009, 04:47 AM) <{POST_SNAPBACK}>
QUOTE (happyme @ Aug 18 2009, 02:43 AM) <{POST_SNAPBACK}>
HOW ABOUT A PERSON WHOS IS MARRIED HERE INT HE PHIL. WENT TO THE U.S DIDNT FILE A DIVORCE DECREE TO A FIL. SPOUSE HERE IN THE PHIL BUT STILL MARRIED A USC...? WHAT ABOUT THAT CASE...? unsure.gif unsure.gif unsure.gif ...



So a married Filipino goes to the USA and gets married again to a USA citizen? And is still married in the RP? Both of them?

That's called bigamy. 6-12 years in the RP monkey house and also a felony in most parts of the USA.

yes that the situation... married here went to us and married a usc there hehehehehehe... but i thought bigamy is teritorrial....? can someone give me learning about this matter here.... wink.gif


This is a reply to happyme.

By "territorial" do you mean that the person your are referring to can only be tried and convicted of bigamy within the Philippnies?

Departing the Philippines does not change the marital status of the person. Without dissolution or annulment, that person is still married under Philippine law even when traveling abroad. A parallel marriage contracted in the USA under these circumstances is considered automatically void, without the necessity of a formal divorce decree and proceedings.

Bigamy is a crime in the USA and the person is subject to the laws of the state where the void marriage was contracted regardless of their nationality (with the possible exception of specific religious considerations).

The other Filipino spouse who was left in the Philippines can petition for the extradition of their bigamous spouse back to the Philippines to face charges. This would be via an order by the Philippine Supreme Court and sent through diplomatic channels to the US Department of State who would arrest him/her and put him on a airplane and send him/her back to face court in the Philippines.

A petition for abandonment can only result in a legal separation and will not grant capacity to remarry. A filing for annulment due to presumptive death is possible after (4) years if there is good reason to believe that the spouse is dead. NOT RECOMMENDED FOR IMMIGRATION PURPOSES! I personally know of three presumptive death annulment cases who were denied visas by the US Embassy Manila's Fraud Prevention Unit.

Presumptive death annulments would appear to work OK for the purpose of re-marrying of another local Philippine national. Ask your Philippine attorney.




NutMagnetMale02009-08-18 20:22:00
PhilippinesFilipina filed for divorce
QUOTE (happyme @ Aug 18 2009, 02:43 AM) <{POST_SNAPBACK}>
HOW ABOUT A PERSON WHOS IS MARRIED HERE INT HE PHIL. WENT TO THE U.S DIDNT FILE A DIVORCE DECREE TO A FIL. SPOUSE HERE IN THE PHIL BUT STILL MARRIED A USC...? WHAT ABOUT THAT CASE...? unsure.gif unsure.gif unsure.gif ...



So a married Filipino goes to the USA and gets married again to a USA citizen? And is still married in the RP? Both of them?

That's called bigamy. 6-12 years in the RP monkey house and also a felony in most parts of the USA.

Edited by NutMagnet, 18 August 2009 - 03:48 AM.

NutMagnetMale02009-08-18 03:47:00
PhilippinesFilipina filed for divorce
QUOTE (Pinay Wife @ Aug 18 2009, 12:13 AM) <{POST_SNAPBACK}>
NutMagnet, that provision applies only if the marriage occurred in the Philippines. The thing is, nydvo's marriage was solemnized in the US, under US laws. Their marriage certificate was issued by US authorities. Can you tell us how in the world can they file for annulment in the Philippines for a marriage that occurred in the US. What would be the basis, a US marriage contract? No Philippine court has jurisdiction over a marriage that occured in the US. No Philippine court can order that a US marriage be declared null and void.

If you can show us the law that specifically says that marriage between a Filipino citizen and a foreign national that was celebrated abroad can be subject to annulment in the Philippines, that would be good.

Ray and nydvo, three lawyers already gave you advice, you're in good hands.




QUOTE (Pinay Wife @ Aug 18 2009, 12:13 AM) <{POST_SNAPBACK}>
NutMagnet, that provision applies only if the marriage occurred in the Philippines. The thing is, nydvo's marriage was solemnized in the US, under US laws. Their marriage certificate was issued by US authorities. Can you tell us how in the world can they file for annulment in the Philippines for a marriage that occurred in the US. What would be the basis, a US marriage contract? No Philippine court has jurisdiction over a marriage that occured in the US. No Philippine court can order that a US marriage be declared null and void.

If you can show us the law that specifically says that marriage between a Filipino citizen and a foreign national that was celebrated abroad can be subject to annulment in the Philippines, that would be good.

Ray and nydvo, three lawyers already gave you advice, you're in good hands.





I believe that you are Filipino and through no fault of your own have a difficult time understanding all about divorce, the same as us Yanks not understanding why not in the Philippines? Its a cultural difference and takes time to understand. I hope I can help sort it out for you.


Q:Can you tell us how in the world can they file for annulment in the Philippines for a marriage that occurred in the US. What would be the basis, a US marriage contract? No Philippine court has jurisdiction over a marriage that occured in the US. No Philippine court can order that a US marriage be declared null and void.


It would not be subject to annulment, it would simply be dissolved if initiated by the foreigner spouse overseas. No need for further annulment. But to make it legal after that, a summary process recognizing the foreign divorce needs to be filed in Philippine court to amend the Filipino's marriage documents and cenomar, this can also be done through foreign embassies.



If you are referring to the situation with Nydvo is it simple but the process is long and complicated. First off, you would think, How could anybody know in the Philippines that she was married and divorced in the USA, she says there is no NSO marriage index on her? The files, documents, fingerprints, audio/video of her previous interview on her ex-husband's petition will be waiting for her at the US Embassy.

Just because the mariage is not registered with the NSO, does not mean that a marriage does not exist. In her situation, a foreign report of marriage was never filed in the Philippines and she has a clear cenomar. Here is a quote for you on this:

http://attyatwork.co...stions-answers/

What if no marriage certificate could be found?


Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines” (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present."

THE BASIS: In Nydvo's short marriage, they did apply for Adjustment of Status after they were married, and so they sent in their marriage certificate, and both birth certificates to the US Immigration for processing. The Immigration processed those papers and issued her an A# similar to an SSS number. This is the nukber she will use on her upcoming petition as well.

NYdvo left the country before the AOS process was complete, still legally married to Mr. Spiteful.

If the foreign divorce was initiated, filed, or petitioned by the foreigner spouse, then it will be recognized in the Philippines, no further annulment necessary, but you would need to file for a recognition of a foreign divorce with the Philippines court.

NYDVO's problem is that her new boyfriend gave her the money to initiate, file, or petition for her divorce. That doesn't work because it has to be the FOREIGNER spouse to initiate, file, or petition for divorce in order for it to be recognized in the Philippines. All it does is able the foreign spouse to re-marry while the Filipino spouse is still married under RP law. So make sure your foreign husband files the papers...not you, diba?

And that goes back to the theory that Filipino citizens abroad are bound by the laws of their home country when abroad. The Family Code of the RP was amended for consideration of those Filipinos who's' spouses divorced them.


(No Philippine court has jurisdiction over a marriage that occured in the US.

How about 'recognized' instead of 'jurisdiction'? There is not much in the way or reciprocacy between the USA and the RP, many laws still in place from the military base days.

The late Cory Aquino on
17 July 1987: Executive Order No. 227 was signed into law, amending Article 36 of the Family Code, among others. Article 26 now reads:

ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.

Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.

and here: http://jlp-law.com/b...divorce-decree/

No Philippine court can order that a US marriage be declared null and void. )

No court ordering necessary when the foreigner divorces the Filipino outside the Philippines. If the Filipino divorces the foreigner, there is no recognition of dissolution in the Philippines, ever, only via annulment.

At times, lawyers are a necessary evil, finding one who really knows his field of practice is like a haystack needle. As busuinessmen, they are out to make money on their client's misfortunes. Leeches!

Tale of Immigration Lawyers

Immigration Lawyers do it with taste.
Immigration Lawyers do it with high self-esteem.
Immigration Lawyers do it to get to the trial.
Immigration Lawyers do it for justice's sake.
Immigration Lawyers do it for however long there is money behind the deal.
Immigration Lawyers do it for as long as it's legal.

Immigration Lawyers' Club

A group of crooks decided to break in to a lawyers' club. The old Immigration Lawyers fought for their life and their money. The crooks were happy to leave the place intact and escape the fight.
"We're not that bad off," one of the thieves commented. "We have $35 between the lot of us."
The eldest thief screamed in desperation, "We had $1,000 when we went in the club!"




NutMagnetMale02009-08-18 03:39:00
PhilippinesFilipina filed for divorce
QUOTE (nydvo @ Aug 17 2009, 11:20 PM) <{POST_SNAPBACK}>
Mr. NutMagnet,
I am not sounding like an angry man who swallowed a bitter pill. I would love to reply to your points one by one again, but it is tiring. I would like you to answer this for me... How can a marriage be annuled if it never existed? Now before you copy and paste again all the Philippine laws and codes again, this is the very question that a lawyer in the Philippines asked my fiance when she went just this morning again to inquire about this issue. Again, a lawyer in the US and a lawyer again in the Philippines explained all this to her and I but you seem to be annoyed or mad by this. It is not required to report a marriage taking place in the US to the Philippines. There is no legal requirement to do so. It is recognized only if the marriage is reported. Read the Philippine laws again. I think I remember that it needs to be reported within a certain amount of time. So again, keep refering to "Mr. Spiteful" and what he should or shouldn't have done. The fact again is, and this was confirmed by 3 lawyers, the marriage wasn't reported and there is no marriage to annul. She has a CENOMAR stating she is single and that there is no marriages on record. She just recently received another one stating this. There is just more point I want to bring up to you....We also contacted an official in the LCR, Local Civil Registry, office and asked about this situation. Her response was the same. If we hire a lawyer to do this "annulment" as you and a few others seem so sure we have to do....it cannot be done because there is no record of a marriage to annul. There has to be a record of marriage in order for an annulment to happen.
Now, if 3 lawyers confirm this and the registry office themselves confirm this, I would think we are ok, and you should be too, NutMagnet.


Mr Ray,

There are things that only experience and hard knocks can teach. Its not my job to school you, or anyone on this board or elsewhere. But I will share with you some thoughts and you may have your pleasure in rationalizing their applicability.

My friend, you are in pursuit of a life changing experience, a marriage, and also to a foreign woman who's people and culture are vastly different than is known here in the USA. A challenging, long distance relationship replete with enough emotions to fill a truck. Many things you are hearing from abroad are not making sense as you relate them to your own personal experiences, but you have the faith, trust, and determination to accomplish your goals; a very noble stance.

I'll keep the chop & paste to a minimum and address your questions and throw in a little commentary to boot.

Q: "How can a marriage be annulled if it never existed?"

A: Apparently because those responsible failed to report it in the Philippines. You stated that you paid for her divorce in the USA, if it never existed, what was the point? As previously quoted, "Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present." And that would be the existence of the Pinay's USA marriage and divorce document. The USCIS will get a local copy if necessary.

"It is not required to report a marriage taking place in the US to the Philippines. There is no legal requirement to do so. It is recognized only if the marriage is reported. Read the Philippine laws again. I think I remember that it needs to be reported within a certain amount of time."

Not by US law, but by Philippine Law. The Pinay Citizen (in this case) is the one responsible for following the laws of her own country even when abroad, same as you are bound to USA laws when out of the USA. Having reviewed the "Family Code of the Philippines" "The Handbook of the Family Code of the Philippines" and "Primer of Civil Registration" registration of marriage is to be accomplished with the LCR within 15 days. Foreign reports of marriage within one year. There are form filled affidavits available and accepted for all late civil registrations.

My friend, you are getting misinformation from Filipino attorneys and government office clerks. Its Filipino way to tell you what you want to hear to avoid a confrontation or out of embarrassment of their own ignorance. Try calling the Philippine Consulates and Embassies here in the USA for a better chance of the truth, and if in doubt, read their websites they explain all.

You situation is unique as the majority of Filipinos lack the financial capacity to legally initiate and petition for divorce and apart from that they are unable to do so by Philippine law. How most accomplish it is by acquiring citizenship in another country and renouncing their Philippine citizenship by never renewing their passports. Later they can file a 13A and regain their Philippine citizenship, however the statutes are not clear whether a divorce occurring during that time would be recognized under Philippine law.

For your reading: http://jlp-law.com/b...nt-philippines/ and http://jlp-law.com/b...divorce-decree/

The laws on foreign divorce are very clear, in time you will learn to accept the way that they are.

Good night,

NM





NutMagnetMale02009-08-18 02:05:00
PhilippinesFilipina filed for divorce
QUOTE (Pinay Wife @ Aug 17 2009, 10:39 PM) <{POST_SNAPBACK}>
QUOTE (nydvo @ Aug 17 2009, 05:14 PM) <{POST_SNAPBACK}>
x x x I know all the family law articles as I did research myself to find out about this matter and it even states there that the marriage outside the Philippines still needs to be reported to the Philippine government for it to be valid. Yes, a marriage outside the Philippines is valid and recognized in the Philippines... as long as it is reported.

Marriages outside the Philippines are recognized and valid even if not reported to the Philippine embassy. Art. 26 of Family Code does not require its citizens to report the marriage in order for it to be valid. The report is only for purposes of registration and recording and as requisite for passport renewal or to avail of the Philippine embassy's services.

"ART. 26. All marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38."

QUOTE (nydvo @ Aug 17 2009, 05:14 PM) <{POST_SNAPBACK}>
In response to the few people who are saying the marriage still needs to be annuled: What technically is being annuled? There is no marriage recorded to be annuled. Both immigration lawyers confirmed this to me.

My thoughts, exactly. I'm not a lawyer but I'm thinking that even if NSO has a record of the US marriage certificate, the Philippines has no jurisdiction over a marriage that was solemnized outside its territory. A Philippine court cannot order a US court to annul a marriage that was celebrated in the US.

Assuming also that the marriage was reported and NSO has a copy, the US embassy will see a US marriage certificate that has been terminated by a decree issued by a US court. There is no way the US embassy will not recognize a divorce decree that was issued by its own judicial system.

It would be a different matter altogether if Nydvo's marriage occurred in the Philippines. Her divorce will not be recognized since she, a Filipino citizen, initiated it.

The way I see it, nydvo is free to marry and her US divorce will be recognized by the US embassy.

But then again, I'm not a lawyer.



You left out the relative part of Family Code Art. 26, which was amended in E.O. 227 Section 1.

"Art. 26. All marriage solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized, and valid there as such, shall also be valid in this country, except those prohibited under Articles 35(1), (4), (5) and (6), 36, 37 and 38.


Where a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouses shall have capacity to remarry under Philippine law."
NutMagnetMale02009-08-17 23:53:00
PhilippinesFilipina filed for divorce
QUOTE (nydvo @ Aug 17 2009, 07:14 PM) <{POST_SNAPBACK}>
Hello all,
My name is Ray. I am the fiance of nydvo. I have been reading all the responses here to our situation. Let me just say that obviously anyone can reply, but I would appreciate the comments to be civil. Yes this applies to NutMagnet. What gives you the right to attack and judge someone on this forum? If you dont like someones post here or the situation it is refering to..that is fine. Just keep the attacks to yourself.
I am not going to repeat the facts of our situation here. It was posted a few times. The main fact here that everyone seems to be missing is that the US marriage was never reported to the Philippine government. I have talked with an immigration lawyer here in the US and in the Philippines and they both said the same thing. No reported marriage means no marriage. I know all the family law articles as I did research myself to find out about this matter and it even states there that the marriage outside the Philippines still needs to be reported to the Philippine government for it to be valid. Yes, a marriage outside the Philippines is valid and recognized in the Philippines... as long as it is reported.
In response to the few people who are saying the marriage still needs to be annuled: What technically is being annuled? There is no marriage recorded to be annuled. Both immigration lawyers confirmed this to me. This is not my fiance being sneaky or commiting any fraud as some of you have suggested. Is it lucky? Of course. But as NutMagnet thinks, the so called "poor american ex-husband victim" should have known better also and reported the marriage right after. If anyone is to blame here for anything it is him. If you all only knew more of the story involved here with the ex-husband, maybe some of the negative comments and attacks would go away.
Dont be so quick to judge when you dont know all the facts.
My fiance didn't overstay her first K-1 visa. Yes, the AOS was filed but they never went to the interview as she was already out of the US. There was an attempt to make the marriage work with her then husband and the spousal visa was filed, but after a few months it was clear it wasn't going to work out. The spousal visa was approved but at that point they were already talking about divorce. The husband said he was going to file for divorce numerous times and he never did. Two sets of divorce papers were sent to my fiance for her signature but he never filed. He flat out admitted to me that he wont file papers. At that point, I hired a lawyer here in the US to do the divorce. Why should my fiance be strung along by her now ex-husband, who admitted he just wanted to cause trouble for her? If anyone here committed fraud and was deceitful it was the ex-husband. My fiance should not be attacked for wanting to be free of him and for doing what she needs to do to accomplish this. So if being aggressive in wanting to be divorced from an abusive, controlling husband makes her guilty.. well then NutMagnet, She and I are both guilty....and when two immigration lawyers from both countries confirm to us that we are free and clear to pursue our goals, that is all the justification we need.
I dont know what else to say..... :-)



Mr. Ray,

You are coming off like an angry man who just realized that you paid an lawyer to set your fiancee's 'Spiteful" ex husband free with no benefit to yourself and MA Nydvo. Your argument and out-lashing would be better heard by the lawyers who unfortunately ripped and misled both you and Nydvo.

Nydvo came to this forum asking for help already knowing the answer and looking for a a crafty workaround. You can personally attack me all you want, but please be mindful that I was not the only one who gave your fiancee' the proper answer to her question, the reality of which, seems to be a bitter pill for you to swallow.

What she needed, and still does need is an annulment in the Philippines to give her the legal capacity to marry. Whether the marriage has been reported to the National Statistics Office or not does not in itself certify the legal civil status of your fiancee.' Nor should you be banking on the notion that since Mr. Spiteful did not report the marriage that it is not recognized in the RP. I believe your fiancee' is a Filipino citizen and that it is her responsibility to follow the laws of her country and civil registration procedures. She is equally, if not more so, responsible for registering her marriage with the NSO, this was covered in her CFO seminar.

Justice Sempio-Dy, in the “Handbook of on the Family Code of the Philippines” (p. 26, 1997 reprint), says: “The marriage certificate is not an essential or formal requisite of marriage without which the marriage will be void. An oral marriage is, therefore, valid, and failure of a party to sign the marriage certificate or the omission of the solemnizing officer to send a copy of the marriage certificate to the proper local civil registrar, does not invalidate the marriage. Also the mere fact that no record of marriage can be found, does not invalidate the marriage provided all the requisites for its validity are present."

Her USA marriage documents are sufficient to substantiate said requisites.

You say that an application for Adjustment of Status was filed in her previous marriage to Mr. Spiteful. That would have included a copy of the marriage certificate and her birth certificate a suggested here, http://www.visajourn...mp;page=k1k3aos The USCIS has issued her an Alien Registration number which along with previous marriages are to be listed on her Form I-129F Application for Alien Fiancee'. All details concerning her previous marriage to Spiteful will be referenced during processing of her petition.

The USCIS & US Embassy will be the party to adjudicate any visa applications filed by you on behalf of your fiancee', NOT the Philippine NSO. Rest assured that the CO's at the Embassy are familiar with Philippine civil law and will recognize that, even that she was divorced in the USA, that she remains married under Philippine law. Do you think that they are going to give a Finacee' Visa to a married woman?

I am not attacking you or Nydvo. She asked the question, we replied with our personal experience, facts, laws and quotations from such credible sources as the Family Law of the Philippines, the US Embassy in San Francisco California and case law by a Supreme Court Justice in the RP.

While the claims of abuse by Nydvo in her previous marriage are truly unfortunate, think of the forthcoming problems that she is likely to occur by most probably being denied a visa, or later deported due to not following the rules. The USCIS will catch it sooner or later. I like to sleep at night and would not want that hanging over my own head.

I would encourage you to do the proper thing and help your fiancee' obtain an annulment giving her the legal capacity to marry prior to petitioning her for a family based visa.

Respectfully,

NM














NutMagnetMale02009-08-17 22:53:00
PhilippinesFilipina filed for divorce
QUOTE (jom @ Aug 17 2009, 11:19 AM) <{POST_SNAPBACK}>
QUOTE (NutMagnet @ Aug 17 2009, 11:47 AM) <{POST_SNAPBACK}>
QUOTE (nydvo @ Aug 17 2009, 08:23 AM) <{POST_SNAPBACK}>
we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..




Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.


Is there any wonder why Manila is one of the top 3 high fraud Embassies?











In defense of the OP...she is in the Philippines right now so I am sure the Immigration wont be looking for her since she definitely has a departure record when she left the USA. Why waste money and time to proceed with the AOS when the marriage was not working? If she did , now that would be fraud since the lifting of condition would be based on marriage and there is no more marriage to speak of.

The OP was honest enough to leave the USA and not become a TNT as you implied which is very honorable of her since there are thousands of Filipino TNT's in the USA. She could have opted to stay here illegaly but she didn't.

If the first marriage didnt work, should she be punished for it? At least she was truthful and didnt stay married just to stay here in the USA. Now, thats not fraud at all.

Everybody deserve a second chance, even the OP.


Since she states that AOS was applied for in 2007, the money and time was already spent. Poor USA ex-husband victim.

Everybody deserves a 2nd chance. The OP made a huge mistake by filing for divorce in the USA. Because of that, her divorce will never be recognized under Philippine law. All she did was give freedom to her ex-husband at no benefit to her whatsoever.

Which brings up some questions.

How does a Filipina who is living in the RP obtain or afford the cost of a divorce in the USA? Under Philippine law she is unable to do so as divorce is illegal? I guess that nullifies the USA divorce and she remains married to her ex-husband as she is bound to the laws of her own country when acting abroad.

I smell rotten palingke fish, diba?





NutMagnetMale02009-08-17 12:26:00
PhilippinesFilipina filed for divorce
QUOTE (Jasman0717 @ Aug 17 2009, 11:12 AM) <{POST_SNAPBACK}>
QUOTE (Otto und Karin @ Aug 16 2009, 08:26 AM) <{POST_SNAPBACK}>
QUOTE (Jasman0717 @ Aug 16 2009, 10:15 AM) <{POST_SNAPBACK}>
I am too lazy to try and read everything blush.gif Are you now living in the U.S. and if so, what is your immigration status? If you have a 10-year card you shouldn't have any problems but if you are still in conditional status you will have that issue to overcome.

laughing.gif Let me help ya out...
QUOTE (nydvo @ Aug 15 2009, 11:02 AM) <{POST_SNAPBACK}>
i went to the US 2007 thru K1 visa..
but i left the US after 6 months.. werent able to do the AOS..

And apparently is considering another K-1...



If the USC files for the divorce you will have no problems re-marrying under Filipino law. If you make false statements on any of the USCIS forms and they find out you can be banned for life. I would recommend you do things correctly so If the USC isn't going to divorce you, you will need to do this on your own which would require an annulment in the Philippines, whether the government knows or not. My two cents worth




He did not. she did, therefore ineligible without annulment. They always think that they are smarter than the average bear. In this situation, she is screwed. Help convince her to do things the proper way. It is because of shenanigans like this that defame her country and make it more difficult for the honest couple to unite.
NutMagnetMale02009-08-17 12:04:00
PhilippinesFilipina filed for divorce
QUOTE (nydvo @ Aug 17 2009, 08:23 AM) <{POST_SNAPBACK}>
we hired a lawyer to do the AOS., and i really didnt know what happened to that application.. when i was still there., all i can remember was meeting the lawyer and signed some papers.. after that., never heard anything... my exhusband didnt even say anything about it..

I am really expecting for tougher questions....fingers crossed here.. and lots of prayers..

Thank u sooo much for the infos and the support..




Don't depend the US Embassy Manila to assist you in circumventing Philippine law. You seem to be looking for a fast and clever way out of getting a proper annulment.

For a K1 visa you must have the legal capacity to marry. You say that you filed for, and were granted a foreign divorce which you know is not recognized under Philippine law, and you think you can sneak by because, so far, your CENOMAR is clean.

You stated that your ex-husband is "Spiteful" and that also you filed for AOS. What will your ex husband say when Immigration knocks his door and asks him where you are? Also why you have not completed your AOS because they will think you went TNT.

If you are serious about your new boyfriend and are indeed serious about having a family, and not just coming to the USA for Immigration benefits. Then you need to be honest with him and tell him that you are not ready and that you need to get a honest and full annulment before wasting time and money on your plan of fraud.


Is there any wonder why Manila is one of the top 3 high fraud Embassies?








NutMagnetMale02009-08-17 10:47:00
PhilippinesFilipina filed for divorce
QUOTE (Rocky_nBullwinkle @ Aug 15 2009, 11:41 PM) <{POST_SNAPBACK}>
QUOTE (nydvo @ Aug 15 2009, 08:37 AM) <{POST_SNAPBACK}>
im a filipina married in the US year 2007.,after 6 months in the US, i chose to leave coz marriage didnt work out, and my USC husband will never file the divorce just to be spiteful., I filed the divorce March 2009.. and is now waiting for the Divorce decree...

can i marry again in the US?
I have no record of marriage in the philippines coz i was married in the US, even though i know that the marriage is valid here in the philippines..

i badly need help.,
i think ive been to gazillion of website concerning this but no situation like mine.. most of the marriages were done here in the philippines..

i will answer any questions if u need more information..

Thank u


The answer to your question is yes. You can remarry in the United States after your divorce was granted by the court because divorce is legal in the United States. Yes, your marriage is valid in the Philippines according to Article 26 of the Family Code of the Philippines.


Not true, the OP's is a Filipino citizen. Because she was the one who filed for divorce, it will NEVER be recognized in the Philippines unless annulled. All embassies world wide will respect the laws of the applicants nationality.



http://www.philippin...AQS-MAIN.htm#a3

What is the effect of a divorce obtained abroad to the marital status of a Filipino citizen?

The following illustrative cases are helpful in determining the effect of a foreign divorce on the marriage or legal status of a Filipino citizen:


Are there foreign divorces that are recognized under Philippine law?

Answer: As a rule, divorce is not recognized in the Philippines as a mode of dissolving marriage. In cases however where a Filipino citizen contracts a marriage with a foreigner, a divorce validly obtained thereafter in a foreign court by the foreigner spouse, i.e. the foreigner spouse initiated the divorce proceedings, such a divorce will be recognized under Philippine law (Article 26, paragraph (2), of the Family Code). The foreign divorce will have the effect of capacitating either the foreigner spouse or the Filipino spouse to remarry under Philippine law.

What if Maria initiates the court proceedings to obtain a divorce?

Answer: The Family Code provides that the foreigner spouse should be the one who will initiate the divorce proceedings. If Maria herself initiated the action to dissolve the marriage, a divorce obtained thereafter will not have any legal effect on her marriage with Pedro. Any subsequent marriage contracted by Maria will be considered null and void under Philippine law.

Edited by NutMagnet, 17 August 2009 - 05:52 AM.

NutMagnetMale02009-08-17 05:48:00
PhilippinesWhy do CO look at his computer at same time?
QUOTE (Pepe Alvaréz @ Sep 19 2009, 03:41 PM) <{POST_SNAPBACK}>
He's just probably watching "trikepatrol.com"! He is an American, you know, and he's hell bent for Pinays! laughing.gif laughing.gif laughing.gif



You mean this guy? http://www.facebook.com/john.kevlock http://jimmyregina.com/ http://www.piatnight.com/
NutMagnetMale02009-11-02 09:10:00
Middle East and North AfricaFoolish friend wants to come to US on visitor visa & marry b/c fiancee won't fly to Morocco
QUOTE (rsn @ Nov 6 2009, 09:16 PM) <{POST_SNAPBACK}>
There is nothing illegal about coming to the U.S. on a tourist visa and marrying w/ a previous intent to do so. Furthermore, there is nothing illegal about coming to the U.S. on a tourist visa with the intent to marry & immigrate as long as there is no misrepresentation, for example, at the border or on the original visa app.



BS. Coming to the USA on a visitor's visa with the previous intent to marry is circumenting immigration laws. There are different classes of visa for each purpose. Knowingly or willfully using one type of visa for the purpose of another is flat out, fraud and misrepresentation.

Furthermore, you know better and you know that it isnt right, "as long as there is no misrepresentation, for example, at the border or on the original visa app."

So when the CBP officer asks the point of entry "What is your propose in the USA" and the answer is "Toursim" but leaving out the part about being so clever and forgetful to mention the "getting married" part amounts to a half-truth, and a misreprentation of intent.

So if they they do not ask "ARE YOU GOING TO GET MARRIED WHILE ON THIS VISITOR'S VISA?" and nothing is mentioned on the application for same. Then in your mind its OK to be granted the privilege of visiting the country as a tourist, and not that of an intending immigrant?

It will catch up to you. Big brother is reading this board also.



NutMagnetMale02009-11-07 11:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIs there any SAVEABLE versions for DS230?
You can download a fully functional trial version of Adobe Acrobat at http://www.adobe.com.../?promoid=BPDDU
NutMagnetMale02009-07-27 04:37:00