Get Married in US if Married in Philippines?

Are you a Filipino national wondering if you can legally get married in the United States while already being married in the Philippines? The good news is that you don’t need to annul your previous marriage in the Philippines to remarry in the US¹. You can simply get a valid US divorce to end your first marriage and then get married again. But, make sure the divorce is legal in both the US and the Philippines to avoid immigration problems.

Key Takeaways

• You can get legally married in the US even if you are already married in the Philippines.
• Obtaining a divorce in the US can terminate your previous marriage in the Philippines for immigration purposes.
• Ensure the US divorce is recognized as legal in both countries to avoid complications.
• Understanding the legal requirements for marriage and divorce is crucial when navigating the US immigration process.
• Consulting with an experienced immigration attorney can help you navigate the complexities of getting married in the US while already married in the Philippines.

Introduction to Getting Married in the US While Married in the Philippines

If you’re a US citizen or a lawful permanent resident planning to marry someone from the Philippines, you need to know the legal and practical sides. This article will cover the immigration eligibility, application process, and what you need for a valid marriage and green card. This is true if one spouse is from the Philippines and the other is from the US².

Getting married in the US while already married in the Philippines can be tricky and has legal hurdles. It’s key to know the US immigration laws and steps to make it smooth and successful².

We’ll look at the main steps and things to think about in this process. This includes getting a fiancé(e) visa, adjusting status, and making sure your marriage is legal. We’ll also talk about common worries and how to get through the requirements and possible issues².

“It’s crucial to understand the legal and practical implications of getting married in the US while already being married in the Philippines.”

This info is for US citizens or permanent residents. It aims to help you make smart choices and take the right steps to marry your Filipino partner. You can also get a green card if you want².

Getting married in the US while already married in the Philippines has its challenges². Knowing the US immigration laws and steps is key for a smooth and successful process².

Understanding US Immigration Laws on Marriage

Getting married to a US citizen or a lawful permanent resident can lead to immigration for the foreign-born spouse. But, they must go through a detailed application process. This includes proving the marriage is real and the foreign-born spouse is eligible for immigration³. The process changes if the couple is already married or if the foreign national comes to the US on a fiancé visa to marry³.

Eligibility for Fiancé Visa (K-1) or Marriage-Based Green Card

The US Citizenship and Immigration Services (USCIS) has certain rules for recognizing a marriage for immigration. They only accept civil marriages and don’t allow polygamous, underage, or arranged marriages³. Same-sex marriages are okay if they are legal where the marriage took place and there’s a marriage certificate³. USCIS also checks for fraud in marriages to make sure they are real³.

Immigration Process for Foreign-Born Spouse from Overseas

Spouses of US citizens can apply for a green card right away, but spouses of green card holders have to wait up to 2.5 years³. Green card holders can’t bring a fiancé using the K-1 visa; they must use other visa options³. The validity of a divorce abroad affects the marriage’s status in the US⁴.

USCIS accepts a marriage as valid if the place where it was performed recognizes it, even for transgender people⁴. To get special naturalization benefits, the applicant’s spouse must be a US citizen and the applicant has lived with them for 3 years before applying⁴.

“The burden is on the applicant to establish a valid marriage with a US citizen spouse, supported by an official civil record.”⁴

US immigration laws on marriage are complex and need careful attention to navigate successfully³⁴⁵.

Obtaining a Green Card as a US Citizen’s Spouse

If you’re a US citizen and your spouse is from the Philippines, they can get a green card easily⁶. This process includes filling out forms, going to interviews, and showing proof of your marriage.

You can file forms I-130 and I-485 together for your spouse in the US⁶. But, if your spouse has a Green Card, they must keep their status legal in the US before they can get permanent residency⁶.

Getting a permanent resident card is conditional if you’ve been married less than two years⁶. Also, your spouse can get a K-3 visa to live and work in the US while waiting for the visa⁶. If your spouse got a permanent resident card but you didn’t, they might be able to join you later⁶.

Getting a green card for your spouse can take about 2.5 years if you’re a Green Card holder⁸. As the spouse of a US citizen, you get a faster process than if your spouse had a Green Card⁸.

USCIS has a 90-day rule that can stop your visa application if you apply too soon after entering the US⁸. Before getting a K-1 visa, you and your spouse must have seen each other in the last two years and marry within 90 days of arriving in the US⁸.

To immigrate to the US through marriage, you must prove your relationship is real, not just for immigration⁸. The K-1 visa lets your spouse come to the US, get married, and then stay as a permanent resident after the wedding⁸. If you’re both outside the US and want to marry and stay, the K-1 visa is the best choice⁸.

In summary, as a US citizen, you can help your spouse from the Philippines get a green card by going through the immigration process and showing proof of your marriage. Knowing what’s needed and how to do it can make the process smoother and more successful⁶⁸⁷.

Obtaining a Green Card as a Permanent Resident’s Spouse

If you’re a US lawful permanent resident, your new spouse from the Philippines can apply for a green card. They become a “preference relative” in the visa system⁹. But, they might have to wait for a visa number, which can take years due to high demand.

Getting a green card as a spouse of a permanent resident depends on visa numbers and priority dates. The wait time varies a lot. It depends on where your spouse is from and how many people are applying for visas.

Visa Availability and Priority Dates

The US immigration system gives out visa numbers for different types of visas, including for spouses of permanent residents. These numbers are limited, leading to priority dates¹⁰.

Priority dates decide when green card applications are looked at. People with earlier dates get processed first. For spouses of permanent residents, the priority date is when the Form I-130 was filed¹¹.

To see when you might get your visa, check the Visa Bulletin every month. It shows the latest on priority dates. This helps you guess when you might apply for a green card¹¹.

Remember, priority dates and wait times can change. It’s key to keep up with updates and talk to an immigration lawyer for your case details¹¹.

“The availability of visa numbers and priority dates can significantly impact the timeline for obtaining a green card as a spouse of a permanent resident. Staying informed and working with an experienced immigration lawyer is essential to navigate this process successfully.”

⁹¹⁰¹¹

Procedures for Fiancé(e) to Enter US on K-1 Visa

If you’re a US citizen and your fiancé(e) is from the Philippines, you can ask for a K-1 fiancé visa for them. This process has two main steps. First, you file Form I-129F with USCIS. Then, your fiancé(e) applies for the K-1 visa at the US consulate in Manila.

Filing Form I-129F

You, the US citizen, must file the Petition for Alien Fiancé(e), Form I-129F, with USCIS¹². This is the first step to bring your fiancé(e) to the US to marry within 90 days of their arrival. The I-129F petition is good for four months after USCIS approves it¹³.

Applying for K-1 Visa at US Consulate in Manila

After USCIS approves the I-129F petition, your fiancé(e) can apply for the K-1 visa at the US consulate in Manila, Philippines¹⁴. This visa lets them come to the US to marry you, the US citizen who petitioned for them. The K-1 visa is only valid for 90 days, and you must get married during this time¹⁴.

To apply for the K-1 visa, your fiancé(e) must fill out the online DS-160 form, submit documents, and go to an interview at the US consulate¹³. Remember, if you don’t get married within 90 days, the fiancé(e) status ends, and they must leave the US¹⁴.

Applying for a K-1 visa costs money for the I-129F petition, the visa application, the medical exam, and other expenses like translation and travel¹³.

Make sure you and your fiancé(e) meet all the K-1 visa requirements, like marrying within 90 days and proving your relationship¹⁴. Talking to an immigration lawyer can make the process easier and help your fiancé(e) enter the US smoothly.

Procedures for Spouse Already in the US

Adjustment of Status for Spouse in Valid Nonimmigrant Status

If your spouse from the Philippines is in the US with a valid visa, they might apply for a green card. This process, called adjustment of status, lets them stay in the country and get permanent residency without leaving⁹.

To apply, they need to fill out Form I-485 and go to an interview at a USCIS office¹⁵. They must have kept their visa status and meet US immigration rules¹⁵.

An undocumented spouse might get parole in place if they’re married to a US military member. This lets them apply for a green card while staying in the US⁹.

Getting through the adjustment of status process can be hard. It’s wise to work with an immigration lawyer. They can check if your spouse qualifies, help with paperwork, and speak for them at the interview¹⁵.

Adjusting your status is one way for spouses in the US to get a green card. Talking to a lawyer can help figure out the best plan for your situation¹⁵⁹¹.

Completing Consular Processing for Immigrant Visa

If your spouse is still in the Philippines, they must go through consular processing at the U.S. Consulate in Manila after your USCIS petition is approved¹⁵. They need to submit more paperwork and go to an interview. After that, they can enter the U.S. on an immigrant visa.

The steps for consular processing for an immigrant visa from the Philippines include:¹⁶

1. Provide a National Bureau of Investigation (NBI) Clearance valid for one year, along with an AKA request for sensitive information.
2. Submit photocopies of the U.S. citizen or lawful permanent resident’s passport, naturalization certificate, or green card as evidence of their status.
3. Furnish a Certificate of No Marriage (CENOMAR) from the Philippine Statistics Authority, valid within one year, for specific visa categories such as K1, CR1/IR1, and F2A.
4. If previously married, present proof of termination, including a CENOMAR, original divorce records, or death certificates with translations.
5. Provide original birth certificates from the Philippine Statistics Authority, with translations if necessary, to verify relationships.
6. For employment-based visas (E2, E3, EW), submit a notarized job offer letter with wage information from a U.S. employer, dated less than one year prior.
7. Complete a medical examination, including TB testing, gonorrhea testing, and required vaccinations, at the designated clinic.
8. Bring three recently taken passport-sized color photographs for the medical examination.

It’s a good idea to talk to an immigration lawyer if you can. They can help you understand the rules, deal with legal issues, and guide you through the application process¹⁵.

Remember, the chance of getting your visa denied is high when you apply at a U.S. embassy or consulate after marrying a U.S. citizen¹⁷. If you’re married to a U.S. citizen and applying for a green card, you might be able to get advance parole. This lets you travel while your application is being processed¹⁷. But, if you’re married to a green card holder, you’re not eligible for advance parole¹⁷.

Getting through consular processing is a big step towards getting a green card as the spouse of a U.S. citizen or lawful permanent resident. Knowing what you need and doing things right can make your immigration process smoother and more successful¹⁵.

Entering a Legally Valid Marriage

Getting married in the US while being married in the Philippines requires careful steps. You must make sure your marriage is legal and recognized by US immigration. This means knowing the documentary requirements for a valid marriage in both countries.

Documentary Requirements for Philippine Marriage

In the Philippines, you need a marriage license, a marriage certificate, and sometimes other documents for a valid marriage. Divorce is not usually accepted. You need specific reasons like abandonment or being mentally unfit¹⁸.

Documentary Requirements for US Marriage

For a valid marriage in the US, requirements vary by state. Many states need a marriage license and a marriage certificate. Some also ask for witness signatures or blood tests¹⁹. It’s important to meet all these requirements for your marriage to be recognized by US immigration.

Getting the right marriage certificate is key for US immigration¹⁵. This means knowing what documents you need for a valid marriage in the Philippines or the US state you’re in.

Knowing the documentary requirements for both Philippine and US marriages helps. It makes sure your marriage is legal and recognized by US immigration. This makes the immigration process smoother¹⁸¹⁹¹⁵.

can i get married in the us if i’m married in the philippines

Yes, you can get married in the United States even if you’re already married in the Philippines¹. U.S. immigration law says it’s okay to divorce in the U.S. for immigration reasons¹. So, you can end your previous marriage here before marrying again in the U.S.

But, make sure your divorce is legal in both the Philippines and the U.S. to avoid problems¹. Many people get immigration rules wrong, so it’s smart to talk to a lawyer for advice¹. If you want immigration benefits, a lawyer can help you know what you need²⁰.

Getting married in the U.S. while still married in the Philippines can be tricky. It’s key to talk to an immigration lawyer to make sure you’re doing it right and avoiding problems²⁰.

“When seeking immigration benefits, it’s crucial to consult with an attorney to understand eligibility and requirements.”

Getting Professional Legal Assistance

Dealing with us immigration marriage and us marriage requirements can be tough. That’s where an experienced immigration lawyer can really help. They’re not needed by law, but they can make getting a green card through marriage much easier²¹.

An immigration lawyer can check if you’re eligible, fill out the forms, and go to interviews with you. They also know about philippines marriage validity and international marriage recognition issues²¹.

• The office specializing in family-based immigration matters has a 100% success rate in obtaining K1 Fiance and CR1 Spousal Visas for Filipinos wishing to immigrate to the United States²².
• The entire process for obtaining a K1 Fiance Visa takes about 6-7 months from the date of the initial application, while the process for obtaining a CR1 Marriage Visa takes about 12-14 months²².
• Martindale-Hubbell® Client Review Ratings™ are based on reviews submitted by individuals who have consulted or hired lawyers or law firms, including in-house counsel, corporate executives, small business owners, and private individuals²⁰.
• Martindale-Hubbell® Peer Review Ratings™ are respected in the legal field and indicate attorneys highly regarded by their peers for ethical standards and legal expertise²⁰.

When picking an immigration lawyer, look at their skills, experience, and how well they’ve done in the past. Reading what clients and other lawyers say online can give you a good idea of their quality and trustworthiness²⁰.

Getting legal assistance from a skilled immigration lawyer is a smart move. They can guide you through the tricky legal steps and boost your chances of success. With their help, you can feel sure about tackling the hurdles of us immigration marriage and us marriage requirements. This makes the whole process smoother and less stressful.

Conclusion

If you’re married in the Philippines but want to get married in the United States, you can do it legally²³. But, make sure your first marriage is ended with a valid US divorce before you say “I do” again²⁴.

With the right papers and legal help, you can go through the immigration process smoothly. You can get a green card if you marry a US citizen or a permanent resident²⁴. It’s important to know about US immigration laws on marriage. You should check if you qualify for a fiancé visa (K-1) or a marriage-based green card. Then, follow the steps to enter the US on a K-1 visa or adjust your status if you’re already here²⁴.

Getting married in the US or legalizing your current marriage? Getting legal advice is a smart move²⁵. It makes the process easier and keeps you in line with the law. By being informed and taking the right steps, you can marry in the US, even if you’re already married in the Philippines²³²⁴.

Source Links

1. https://www.gurfinkel.com/dont-need-philippine-annulment-get-married-u-s/
2. https://www.visapro.com/resources/article/getting-married-on-a-tourist-visa/
3. https://www.boundless.com/immigration-resources/marry-non-u-s-citizen/
4. https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2
5. https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states
6. https://www.uscis.gov/family/bring-spouse-to-live-in-US
7. https://www.ustraveldocs.com/ph/ApplyforImmigrantVisa.html
8. https://immigrationhelp.org/learning-center/what-is-the-process-for-marrying-a-non-u-s-citizen
9. https://home.army.mil/bliss/about/news/marriage-foreign-spouse-procedure-and-potential-ramifications
10. https://www.ashoorilaw.com/green-card-through-marriage/
11. https://immigrationhelpla.com/marriage-green-card/
12. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-a-spouse-or-fiance-of-a-us-citizen.html
13. https://vn.usembassy.gov/frequently-asked-questions-k-1-fiancee-visas/
14. https://www.uscis.gov/sites/default/files/document/guides/A2en.pdf
15. https://www.nolo.com/legal-encyclopedia/marrying-citizen-the-philippines-how-get-green-card-your-new-spouse.html
16. https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html
17. https://ois.iu.edu/scholars/permanent-residence/marriage/common-questions.html
18. https://www.philstar.com/opinion/2017/11/11/1758102/you-dont-need-philippine-annulment-get-married-us
19. https://www.courtly.com/resources/united-states-marriage-not-citizens
20. https://ask-a-lawyer.lawyers.com/immigration/am-i-allowed-to-get-married-in-us-if-im-still-married-in-philippines-though-separated-1601667.html
21. https://marryfromhome.com/knowledge-base/online-marriage-spouse-visa/
22. https://www.marriagevisaservices.com/filipino-fiance-visa-attorney.html
23. https://wedaways.com/international-marriage-license-requirements-by-country/
24. https://shuwedd.com/blog/legal-aspects-of-marriage/
25. https://elegantebymichellej.com/symbolic-wedding-ceremonies/