HELP,HESITANT TO SEND MY APP...

[mistletoes]

Hi, im new at this forum. I am going crazy thinking og my case and my husband..

My husband has previous relationship and was divorced in Canada, they were married here in Philippines. Girl went to canada and guy followed, girl filed divorced ( already a canadian cit by that time) , guy is still Filipino Cit( nov 2006), DIVORCED GRANTED OCT 2006. Guy accquired canadian cit then married me here in Phil. (2011).. we were wodering, will it have problems in the application? I have read a case of confused3sia here..it is similar on my case..

Also, I didnt know you can use your single pasport on the application while waiting for the change satus passport.. we waited for like 4 mos for the docs get completed..the only doc im lacking is the NBI ..but thought there is still the AOM that i will get, the previous marriage will still appear there ( of course) we think we have more to think about..

I hope someone here can help me. I cant wait to be with my husband ( everyone here fight to be with love ones, it is so hard being away from them and being helpless to be with them)

HELP

Thnak you for reading

 

[nester]

Hi, im new at this forum. I am going crazy thinking og my case and my husband..

My husband has previous relationship and was divorced in Canada, they were married here in Philippines. Girl went to canada and guy followed, girl filed divorced ( already a canadian cit by that time) , guy is still Filipino Cit( nov 2006), DIVORCED GRANTED OCT 2006. Guy accquired canadian cit then married me here in Phil. (2011).. we were wodering, will it have problems in the application? I have read a case of confused3sia here..it is similar on my case..

Also, I didnt know you can use your single pasport on the application while waiting for the change satus passport.. we waited for like 4 mos for the docs get completed..the only doc im lacking is the NBI ..but thought there is still the AOM that i will get, the previous marriage will still appear there ( of course) we think we have more to think about..

I hope someone here can help me. I cant wait to be with my husband ( everyone here fight to be with love ones, it is so hard being away from them and being helpless to be with them)

HELP

Thnak you for reading

i do not understand how can he get married in the philippines a second time when there is no divorce here. I can only assume that he got an annulment. Wait till you get that document from NSO before you start worrying. Wishing you the best.

 

[SandJ]

Your case is not the same as that of Confusedsia as she and her first husband were FILIPINO CITIZENS when they filed for divorce.FILIPINO CITIZENS are bound by PHILIPPINE LAW,they can not file for divorce EVEN IF THEY WERE LEGAL RESIDENTS OR PERMANENT RESIDENTS OF CANADA- they are basically that- but still a FILIPINO.If you're a FILIPINO, it doesn't matter where you get a divorce: such divorce is invalid/void in the Philippines. ROOT WORD: FILIPINO.

If the ex spouse of your husband was indeed a CANADIAN citizen at the time of your husband's divorce ,your case is the same with:

http://www.canlii.org/eliisa/highlight.do?text=saladino&language=en&searchTitle=Search+all+CanLII+Databases&path=/en/ca/irb/doc/2009/2009canlii81800/2009canlii81800.html

Now, you can proceed with the application and hope that you will not have the same fate as that of SALADINO's wife- not having to go through an appeal.Yes, your marriage is valid with your naturalized Canadian citizen husband(as per Canadian Law) but he should have petitioned for the recognition of his foreign divorce as the foreign divorce is NOT AUTOMATICALLY RECOGNIZED here in the Philippines . If he only have done the proper action it could have terminated his first marriage at the National Statistics Office and would have given him technically a clean slate to marry YOU.

Anyway, to ease all your worries about this, consult a lawyer.
If you do not want to consult a lawyer and I was you, I will include his previous marriage to my relationship history.


To those who were former filipinos-married in the Philippines and then divorced- and plan to remarry in the Philippines:

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner .

Isn't it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

If you are a filipino, "you can run, but you can't hide"

 

[mistletoes]

HI SandJ
thank u for taking time out answering my questions. COrrect me if Im wrong but I think Saladino's case is different from my husband's because the latter got remarried as canadian citizen and saladino is still filipino when he remarrys this filipina.. or I havent totally read the whole case.

Yes, we are considering to talk to a lawyer just so we know what to do before we proceed with the application forms.

Yes too, we are including his ex on every "prev marriage" on his forms and mine.

question again, do u have an idea how long the petition in court takes? thank you so much SanJ

 

[SandJ]

It is the same as to WHEN they got the divorced not when they got remarried.

your husband was not a CANADIAN CITIZEN at the time of the divorce, his ex wife is.Saladino was not a CANADIAN CITIZEN at the time of his divorce, his ex wife is.
We are talking about the validity of your husband's divorce making your marriage valid in the Philippine law and Canadian Law for the purpose of immigration- that you belong to FAMILY CLASS.The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.

But here is the catch: if Saladino's wife's appeal was allowed, then how much more with your case? Your husband is a CANADIAN citizen at the time of your marriage

I do not know how long the process is and how much $$$$ it costs, i just heard its a heck of a lot.

 

[mistletoes]

It is the same as to WHEN they got the divorced not when they got remarried.

your husband was not a CANADIAN CITIZEN at the time of the divorce, his ex wife is.Saladino was not a CANADIAN CITIZEN at the time of his divorce, his ex wife is.
We are talking about the validity of your husband's divorce making your marriage valid in the Philippine law and Canadian Law for the purpose of immigration.The reckoning point is not the citizenship of the parties at the time of marriage, but their citizenship at the time a valid divorce is obtained abroad by the alien spouse capacitating the latter to remarry.

But here is the catch: if Saladino's wife's appeal was allowed, then how much more with your case? Your husband is a CANADIAN citizen at the time of your marriage

I do not know how long the process is and how much $$$$ it costs, i just heard its a heck of a lot.

Ok, thanks much SandJ

 

[ghegie]

Hello guys, sorry for butting in. I came across SandJ post, and yes, we've been through this....that recognition petition thing. We have consulted a lawyer regarding this, and even the lawyer that we talked to said that this law was lobbied by a group of lawyers just to milk it...meaning $$$$. Sadly, you really need this as a foreign divorcee in order to get marry in the Philippines, for the NSO papers that you need to present to the Embassy...Solution? Marry in Singapore or Hong Kong (much cheaper). Canadian Embassy will recognize marriage certificates issued by a country where the wedding took place (Maybe SandJ can confirm this)....

Why should we waste money in filing a petition in court for the recognition of the divorce decree?

This is the requirement of law, unfortunately. The divorce decree must be proven, just like any fact, in court. The presentation of the divorce decree is insufficient. Proof of its authenticity and due execution must be presented. This necessarily entails proving the applicable laws of the jurisdiction where the foreigner-spouse (who could be a former Filipino) is a national. One of the requirements under Article 26 is that the decree of divorce must be valid according to the national law of the foreigner .

Isn't it enough that I already forwarded the divorce decree to the Philippine Embassy (or the Department of Foreign Affairs) and the National Statistics Office (NSO)?

No. The foreign divorce decree must be recognized here in the Philippines; a process which may only be done through the courts.

If you are a filipino, "you can run, but you can't hide"

 

[ghegie]

Mistletoes,

Got your PM. For some reasons I couldn't reply to your PM (forum rules I'm not aware of?), so I just sent you an email...thanks.

 

[ghegie]

One more thing...just to give you an idea, cost of filing a Recognition of Foreign Judgement is very close to the cost of filling an annulment there in the Philippines, which really doesn't make any sense for a petition that is rarely get denied (hence the term 'RECOGNITION')...**just my opinion

Hello guys, sorry for butting in. I came across SandJ post, and yes, we've been through this....that recognition petition thing. We have consulted a lawyer regarding this, and even the lawyer that we talked to said that this law was lobbied by a group of lawyers just to milk it...meaning $$$$. Sadly, you really need this as a foreign divorcee in order to get marry in the Philippines, for the NSO papers that you need to present to the Embassy...Solution? Marry in Singapore or Hong Kong (much cheaper). Canadian Embassy will recognize marriage certificates issued by a country where the wedding took place (Maybe SandJ can confirm this)....

 

[cndcit]

Do I understand this right,a Filipino citizen married and divorced in another country so the divorce is not recognized in The Philippines?

 

[SandJ]

Do I understand this right,a Filipino citizen married and divorced in another country so the divorce is not recognized in The Philippines?

If the Filipino citizen was MARRIED to a FILIPINO –in the Philippines or Abroad- DIVORCED by any party, the divorce IS NOT RECOGNIZED in the Philippines. They can file for ANNULMENT in the Philippines.

Civil code of the Philippines:
Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad

If the Filipino citizen was MARRIED to an ALIEN SPOUSE – American,Canadian, et al- DIVORCED by the alien spouse , the divorce CAN BE RECOGNIZED in the Philippines .The Filipino citizen can use the Foreign divorce decree to be recognized in the Philippines; by the petition for recognition of foreign judgment of divorce. In the case that the alien spouse did not divorce the Filipino citizen, the Filipino citizen can file for an ANNULMENT in the Philippines.

If it is the Filipino spouse who initiates or files the divorce action against the alien spouse, is it recognized in the Philippines?
No. The subsequent divorce will not be recognized here in the Philippines.

Hi ghegie
I cannot confirm-as personal experience point of view- as my marriage now is my first (hopes to be my first and last) marriage and I am married here in the Philippines. But yes, you are already a Canadian citizen bound by Canadian law; it does not limit you to remarry in the Philippines.

I do agree with you about the $$$$,lol.The length of approval is almost the same as that of annulment, too. Anyway, i want to extend my congratulations and best wishes to your upcoming wedding.

** I am not a legal counsel; this thread is for the purpose of discussion of “valid REMARRIAGES” in the Philippines.

 

[nice2010]

@ mistletoes


i sent you a pm

 

[ghegie]

lol! hey thanks, really looking forward to that day! i really like this forum/thread, very informative! now, if only somebody can tell me why am i not allowed to post replies on my pm messages.... ;D

Hi ghegie
I cannot confirm-as personal experience point of view- as my marriage now is my first (hopes to be my first and last) marriage and I am married here in the Philippines. But yes, you are already a Canadian citizen bound by Canadian law; it does not limit you to remarry in the Philippines.

I do agree with you about the $$$$,lol.The length of approval is almost the same as that of annulment, too. Anyway, i want to extend my congratulations and best wishes to your upcoming wedding.

** I am not a legal counsel; this thread is for the purpose of discussion of “valid REMARRIAGES” in the Philippines.

 

[nester]

lol! hey thanks, really looking forward to that day! i really like this forum/thread, very informative! now, if only somebody can tell me why am i not allowed to post replies on my pm messages.... ;D

it was programmed that way, unlike the e-mail where you can send one to yourself using the same address. In comments to news articles, they do not provide the "reply" option if you are reading your own posts.

 

[SandJ]

lol! hey thanks, really looking forward to that day! i really like this forum/thread, very informative! now, if only somebody can tell me why am i not allowed to post replies on my pm messages.... ;D

sorry, forgot to answer about private messaging.

You need to post a minimum of 10 posts on the forum to unlock the feature that allows personal messaging.You only have 8 as of this writing so write two more posts(write anything on this thread if you want) and you are good to go!