SandJ said:that is so great,ms confused!
You need to post a minimum of 10 posts(i think) on the forum to unlock the feature that allows personal messaging.
God bless
Ok I will try it, Thans SandJ! ;D
I was so excited to talk to her... ;D
DIVORCE, remarried in the Philipippines...were we in trouble?
- Thread starter Confused3sia
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Ok I will try it, Thans SandJ! ;D
I was so excited to talk to her... ;D
Confused3sia said:
Sorry guys for posting non sense, I just want to make a 10 post to allow me to send a PM.
Modify: WoW its working..Thank again SandJ ;D
canadianwoman
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Here's an appeal case that is similar:
http://www.canlii.org/eliisa/highlight.do?text=philippines+divorce+marriage+immigration&language=en&searchTitle=Canada+%28federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2009/2009canlii81800/2009canlii81800.html
Basically, the judge decided that Canadian law applies, not Philippine law, and so the marriage was valid and the appeal was allowed.
Unfortunately, the visa officer originally refused the PR application, saying the marriage wasn't valid because of the previous divorce, so the couple had to wait for the appeal, but they did end up winning.
http://www.canlii.org/eliisa/highlight.do?text=philippines+divorce+marriage+immigration&language=en&searchTitle=Canada+%28federal%29+-+Immigration+and+Refugee+Board+of+Canada&path=/en/ca/irb/doc/2009/2009canlii81800/2009canlii81800.html
Basically, the judge decided that Canadian law applies, not Philippine law, and so the marriage was valid and the appeal was allowed.
Unfortunately, the visa officer originally refused the PR application, saying the marriage wasn't valid because of the previous divorce, so the couple had to wait for the appeal, but they did end up winning.
Thank you so much canadianwomen 
for this link, it help me a lot. The difference between me and Saladino, he is still a Filipino citizen
when he got married but in my case I am already a Canadian citizen when I got married. Since Canadian Law applies and not
Philippine law I was thinking that I have a big chance for being approve and if just in case they will refuse us ( pls. dont) we will go for an
appeal, since Saladino end up winning I know we gonna win too. ;D
I'll keep you guys posted...
for this link, it help me a lot. The difference between me and Saladino, he is still a Filipino citizen when he got married but in my case I am already a Canadian citizen when I got married. Since Canadian Law applies and not
Philippine law I was thinking that I have a big chance for being approve and if just in case they will refuse us ( pls. dont) we will go for an
appeal, since Saladino end up winning I know we gonna win too. ;D
I'll keep you guys posted...
There is difference between that linked case and to ms confused's case :
Here are the basics:
1.Filipino citizen marries a filipino citizen then got a divorce when they were both filipino citizens,divorce obtained is not valid in the Philippines.
2.Foreigner(Filipino who was a naturalized Canadian in this case) marries a Filipino citizen then got a divorce(the foreigner should file the divorce),divorce obtained is valid in the Philippines.For the purpose of remarrying,file for Petition to nullify marriage in the Philippines---Petition for the Recognition of a Foreign Judgment of Divorce at the Regional trial court).
In the linked case, the first wife is a CANADIAN citizen even if the appellant,SALADINO, was then a filipino citizen.Their divorce was legal(basic no.2)
What probably happened in the linked case (legality of the appellant's divorce hence questioning validity second marriage) was that Immigration just looked at the appellant's(Saladino) immigrant status at the time of the divorce but not of the first wife's.For the purpose of immigration(the second wife),Canadian law applies.
Anyway,hope for the best ,Ms. Confused.
Here are the basics:
1.Filipino citizen marries a filipino citizen then got a divorce when they were both filipino citizens,divorce obtained is not valid in the Philippines.
2.Foreigner(Filipino who was a naturalized Canadian in this case) marries a Filipino citizen then got a divorce(the foreigner should file the divorce),divorce obtained is valid in the Philippines.For the purpose of remarrying,file for Petition to nullify marriage in the Philippines---Petition for the Recognition of a Foreign Judgment of Divorce at the Regional trial court).
In the linked case, the first wife is a CANADIAN citizen even if the appellant,SALADINO, was then a filipino citizen.Their divorce was legal(basic no.2)
What probably happened in the linked case (legality of the appellant's divorce hence questioning validity second marriage) was that Immigration just looked at the appellant's(Saladino) immigrant status at the time of the divorce but not of the first wife's.For the purpose of immigration(the second wife),Canadian law applies.
Anyway,hope for the best ,Ms. Confused.
mistletoes
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Confused3sia said:Thank you so much canadianwomen
when he got married but in my case I am already a Canadian citizen when I got married. Since Canadian Law applies and not
Philippine law I was thinking that I have a big chance for being approve and if just in case they will refuse us ( pls. dont) we will go for an
appeal, since Saladino end up winning I know we gonna win too. ;D
I'll keep you guys posted...
hi, have you filed your applicatiion?
mistletoes
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mistletoes
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Confused3sia said:
hi confused3sia.. idk but im new at this site, can i personally mesage you? idk how to navigate the site LOL
1. you were married in the philippines
2. husband goes to canada and filed a divorce
3. now the husband is a canadian citizen (not sure if dual citizenship)
4. can the wife (currently in the philippines) re-marry ???
i tried going to the Regional trial court last year (2010 or 2009) and they said "according to the NEW Law (i forgot the whole sentence)...
a. get a copy of the divorce paper and bring it to the canadian embassy (i dont know the next step)
b. after going to the embassy, next step is submit it to NSO and then you can re-marry
can someone add additional info on this....
2. husband goes to canada and filed a divorce
3. now the husband is a canadian citizen (not sure if dual citizenship)
4. can the wife (currently in the philippines) re-marry ???
i tried going to the Regional trial court last year (2010 or 2009) and they said "according to the NEW Law (i forgot the whole sentence)...
a. get a copy of the divorce paper and bring it to the canadian embassy (i dont know the next step)
b. after going to the embassy, next step is submit it to NSO and then you can re-marry
can someone add additional info on this....
HELLO EVERYONE!!!!! ;D ;D ;D ;D
I got approved and got my visa 1st week of November and I arrived here in Canada 3days after I
received my Visa. (di na ako nakapag online buhat ng pumunta ako dito) God is good!!! for those who
following my post, Im so sorry for my late reply...
Para sa mga katulad ko may parehong case dont worry you'll be fine. Thanks to everyone who comfort me
nung panahong magulo ang isip ko at puno ng pag aalala... GOODLUCK to EVERYONE!!!
I got approved and got my visa 1st week of November and I arrived here in Canada 3days after I
received my Visa. (di na ako nakapag online buhat ng pumunta ako dito) God is good!!! for those who
following my post, Im so sorry for my late reply...
Para sa mga katulad ko may parehong case dont worry you'll be fine. Thanks to everyone who comfort me
nung panahong magulo ang isip ko at puno ng pag aalala... GOODLUCK to EVERYONE!!!
Hi RJESSOME & SANJ...
Seems that you have very wide knowledge about re-marriage after Divorce. I have a query also. My fiancee is a canadian citizen when he filed divorce to his ex-wife and was granted. They are both filipino citizen when they got married in Philippines. Now, my fiancee would like to arrange our marriage but we are confused if he can marry me in philippines as his marriage before was taken in philippines too.
My question is...can we marry in Philippines? As he is planning to petition me in Canada after the marriage. Some suggest better in Singapore whereas they acknowledge divorce.
Seems that you have very wide knowledge about re-marriage after Divorce. I have a query also. My fiancee is a canadian citizen when he filed divorce to his ex-wife and was granted. They are both filipino citizen when they got married in Philippines. Now, my fiancee would like to arrange our marriage but we are confused if he can marry me in philippines as his marriage before was taken in philippines too.
My question is...can we marry in Philippines? As he is planning to petition me in Canada after the marriage. Some suggest better in Singapore whereas they acknowledge divorce.
mistletoes
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bong28 said:
Hi bong, we have the same case, hubby was divorced...they were married here in the philippines...divorced in canada, his wife is a citizen then when she filed for the divorce... We got married HERE not anywhere else...
Now im flying on the 6th to be with the MAN i married
Goodluck
Nice to hear that you will be flying next to him.
I just wanted to know? When did you marry him and what are the documents he presented? Did he still file a petition to recognize the divorce taken in Canada? Please let me know as we are both in different country and we will be back home to settle this matter. Thanks a lot in advance!
I just wanted to know? When did you marry him and what are the documents he presented? Did he still file a petition to recognize the divorce taken in Canada? Please let me know as we are both in different country and we will be back home to settle this matter. Thanks a lot in advance!
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