remarriage for a divorced foreign citizen residing in USA

bucai wrote:

Greetings, everyone. I would love to hear from people who know the laws.

Facts:
1. Philippine citizen and American citizen married in the Philippines.
2. Philippine citizen was granted legal permanent resident status in the USA, category: IR1
3. American citizen initiated divorce; final divorce decree from a US court was issued, which states that marriage was voided and both parties are back to their single selves.
4. There is no divorce in the Philippines. The divorce decree needs to be judicially recognized by the Philippine court.
5. Philippine citizen can not yet afford the time and expense regarding nullification of marriage in the Philippines.

Questions:
1. Can the Philippine citizen still remarry outside the Philippines, probably to a non-Philippine citizen?
2. Does US laws allow or recognize this (subsequent) marriage?

This is a question for an attorney. I can tell you that the US recognizes marriages outside the country and it could be considered bigamy if you do not go through proper channels to annul or divorce. I am going through this nightmare myself right now. I am not re-marrying but I want my name back. Good luck, and get an attorney.

bucai wrote:

Questions:
1. Can the Philippine citizen still remarry outside the Philippines, probably to a non-Philippine citizen?
2. Does US laws allow or recognize this (subsequent) marriage?

The answer to No. 1 would clearly be NO, since in order for you to marry in any foreign country you need to produce some kind of documentation (from your home country's government) that you are single, and that there is no impediment to marriage. In your case, until the marriage is disolved judicially in the Philippines you cannot obtain such a document. Therefore you would be unable to obtain a Marriage License regardless of the US Divorce. Also your statement that you've both gone back to "single" status, is incorrect SINGLE is a legal term reserved for someone who has never married. Your marital status following a divorce is, and always will be, DIVORCED. That won't change even in the case where your ex-spouse dies following the divorce, you don't then become WIDOWED (Since that term means that the spouse died during the marriage).

If you apply for a Marriage License in any other country you must produce a single / no impediment certificate, or a Death Certificate of deceased spouse, or a Divorce Decree from the jurisdiction where the marriage took place. Since you married in the Philippines and the divorce is not yet recognized there you're according to the law still married. Technically speaking, should your ex-husband re-marry in the US and travel to the Philippines with his new wife, he could be charged with bigamy since he's already married (to you) there.

No. 2 would probably also be NO, since you as a foreign national be required to submit a single / no impediment certificate in order to marry in the US, which as explained above you can't obtain as yet. The Divorce Decree will yes allow your ex-husband to re-marry in the USA, but probably not outside the USA, since it is an extraterritorial judicial order that has absolutely no effect on the marriage in the Philippines until registered through the legal channels there.

Yours really is a complicated legal situation that is only going to be resolved by a lawyer. The only resolution to your problem is to have the US Divorce Decree recognized by the Philippines jusdicial system and disolve the marriage.