Divorce inquiry

Why would you be able to get a divorce in Vietnam? A divorce decree obtained abroad would still need to be recognized in a Philippine court.

That said, I don't think Vietnam has any say or authority over the union between two non-Vietnamese citizens.

I suspect you will almost always need the 'participation' of your unwanted husband in any divorce procedure anywhere in the world. You probably won't be able to get a divorce anywhere if he is not present or unwilling to grant a divorce.

If he is willing to get a divorce, then you can both get it done (although in many countries, a Residency Visa is required such as in the Middle East). Pocket money to good lawyers works well ... and all you need is the Certificate of Divorce to move forward in your lives. It may then have to get authenticated back in your native Philippines (or not, I don't know).

The Philippines is a particularly unique place with respect to matrimony, in large part because of very strict Catholic doctrine there.

I guess my question is, if your American boyfriend can't marry you anyway, why bother with a divorce ? Or do you feel that a divorce will simply "set you free" ?

BuddyM wrote:

I guess my question is, if your American boyfriend can't marry you anyway, why bother with a divorce ? Or do you feel that a divorce will simply "set you free" ?

It would seem to me that he can't marry her because she is married.

I wonder if there is anything in the ASEAN agreements about this or if they are purely economic.

Kupo wrote:

Why would you be able to get a divorce in Vietnam? A divorce decree obtained abroad would still need to be recognized in a Philippine court.

That said, I don't think Vietnam has any say or authority over the union between two non-Vietnamese citizens.

Agreed Kupo,

You've got to wonder what the hell this has to do with Vietnam.
The guys is American and in the USA, and the girls Filipino and in the Philippines .

They must have heard about "coffee money" here in VN works as a magic potion  & can get anything done I suppose.

Thank u BuddyM,yes nobody wants a ruined marriage but if it risk one's safety then why keep the marriage.I am a battered wife for almost 10 years of my life with my first husband,he was in drugs before that leds him to abused me in all aspects.We have 3 children and they're all living with me with all my effort and struggle I sustained their needs.Then I met this American guy who also happened to be my employer as a Virtual Assistant to his company.
I want to start a new life with my children and to this person who loved me and my kids.And I can't marry him because I am still tied up to my ex husband.But anyway,thank you so much for your kind words.Still hoping I can find ways to solve my problem.Thank you...

re comment above:
QUOTE
I suspect you will almost always need the 'participation' of your unwanted husband in any divorce procedure anywhere in the world.
UNQUOTE

Not so. In Australia divorce can proceed as long as a copy of the divorce application is sent by registered post to the last know address of the other party.

If the OP can never return to the Philippines it really doesn't matter if the PI recognizes her divorce.  Whether Vietnam or somewhere else, what she needs is a third-party country that will allow divorce in absentia and a remarriage to her American.  He may then petition her to come to the US as his wife. 

On second thought, it might be better to delay the new marriage and seek a fiance visa.   Then she could return to the PI while awaiting emigration without being prosecuted for bigamy.  The government will simply consider her still married.  Once she marries the American she may no longer be able to live in the Philippines.

This problem does not inherently relate to Vietnam, but Vietnam may have attracted her inquiry due to proximity.   Perhaps the solution, as Ralphnhatrang suggests is in another country.

Uh, what? It absolutely does matter if the Philippine court recognizes her divorce, especially if she wants to marry an American and move to America.

Do you really believe that:

1.  US immigration will blindly accept divorce papers drawn up in another country other than the Philippines?
2.  wouldn't verify such an important document with the applicant's country?

US immigration will require proof of termination of marriage. They will only accept said proof when it is issued by the competent authority (Philippine government) and no one else.

What if OP wants to claim that she has never been married? No problem!

She'll just need to obtain a certified statement from her country (the Philippines) along with an affidavit that is executed before an authorized official in *surprise* the Philippines.

End of discussion.

If the OP emigrates to another ASEAN country and establishes a valid residency, I feel fairly certain that the divorce would be considered valid for a US fiancee visa.  However establishing residency will probably be easier in countries other than Vietnam.  If she is remarried to the American, that should be enough too except that the visa is otherwise more difficult to obtain.  As far as remarrying once in the US, I know that my state asks what number the marriage is and if relevant, the date of divorce.  No questions about where or showing certificates.

By the way, in Tennessee you can marry your cousin but if you move to Kentucky your marriage will not be recognized.  I expect maybe Kentucky wants to live down the jokes.