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Thread: Marrying in another country
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12th August 2013 #1
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Marrying in another country
can i run this idea past you guys.
my lady is here on a visit visa. she got divorced in the UK--started last july while she was still here--on a student visa.
is it viable for us to travel to another EEA country to marry--? or would she still have to produce CNI or CENOMAR ?
if we were allowed to marry--in the EEA---would she then be allowed to re-enter the UK as my wife?
if not--and she returned to the Phils---would she still have to produce CENOMAR or CNI to apply for a spouse visa?
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12th August 2013 #2
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Just on the last point.
I understand that if a Filipino gets divorced (outside ROP of course) then unless they are the party who is divorced (defendant) they are still married in the eyes of Phil.
(So if I divorced my wife she can get that accepted in ROP, if she divorces me she cannot).
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12th August 2013 #3
Your gf needs to get a Schengen Visa before she can enter another EEA country. I think she needs to apply it from the Philippines as she's only a visitor of the UK. So the idea of getting married isn't possible at this time. And like what johncar said, your wife would still be considered married in the Philippines because her divorce in the UK won't be recognised in the Philippines (she's the petitioner I believe right?). She needs to get annulment to show "single" in her CENOMAR.
-=rayna.keith=-
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
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12th August 2013 #4
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Ah, that will be why the ex hasn't taken her new (European) husband to meet the pamily back home then.
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12th August 2013 #5
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I don't understand the additional problem of going to another county to get married. If you can get married in another EU country then why not in UK ?
If she got divorced in UK then she can prove she is single (divorced) in UK.
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12th August 2013 #6
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As Rayna said:-
- she is the holder of a UK visit visa which means she not allowed to marry as per the declaration made and signed when making the visa application.
- She does not hold the correct documentation for the authorities in UK to legally perform a marriage
- She would need a Schengen visa to enter an EU country which she would be unable to secure here in UK as she does not have leave to remain for 6 months or more. She would need to apply and be granted a Schengen visa from Philippines to be able to enter an EU Schengen country.
I don't know the full requirements for getting married in the EU but unlikely that a temporary visit/tourist visa would be accepted.
There's no problem to get married in any country provided she has the correct visa.
For UK that would be Marriage Visa. Not Visit Visa.
Of course it IS possible to get married illegally, but then living a completely illegal existance as an undocumented immigrant isn't a good start to married life.
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12th August 2013 #7
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Ah, that will be why the ex hasn't taken her new (European) husband to meet the pamily back home then.
thats lost on me.
I don't understand the additional problem of going to another county to get married. If you can get married in another EU country then why not in UK ?
If she got divorced in UK then she can prove she is single (divorced) in UK.
we are trying to avoid the delay and expense of annulment.
am i right in thinking a UK divorce is valid anywhere in the world--but not in the Phils?
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12th August 2013 #8
If the petitioner of divorce is a foreign husband, then the divorce is valid in the Philippines. If the petitioner is the Filipino/Filipina spouse, then it isn't recognised. Although they made the exemption to Filipinos/Filipinas who was naturalised to be citizen of the foreign country where he/she lives upon submission of divorce. http://jlp-law.com/blog/legal-dynamics-citizenship-divorce/
-=rayna.keith=-
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
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12th August 2013 #9
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what i'm trying to establish is----
IF we are legally allowed to get married--somewhere-in the world--now she is divorced in the UK---can she then apply for a spouse visa---from the phils---without having to go through the annulment process?
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12th August 2013 #10
Errrmmm... someone will correct me if I'm wrong..but be careful with that route because she can be charged with bigamy in the Philippines, especially if the authorities would be informed (by who, I don't know..but possible). In the eyes of the Philippines, her divorce in the UK is not valid because she's the petitioner and not a foreign spouse. That's why Graham has said in his post above, his ex wife hasn't returned to the Philippines now that she's married to another man. Because since it was Graham's ex-wife who filed for the divorce in the UK (I believe Graham said his wife was still a Filipino citizen that time), the divorce isn't recognised in the Philippines and she can be charged for bigamy.
I'm not sure what documents she can show in her application for a spouse visa (aside from the marriage cert obtained overseas, in case she gets married overseas) in the Philippines because she may be asked for some documents showing that her previous marriage was already dissolved before she got remarried.-=rayna.keith=-
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
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12th August 2013 #11
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this is why i want to find out if we can travel--separately--to a EEA country--marry--and apply for a spouse visa for her to start the settlement process here. nothing illegal--just want to speed up the process---and avoid this ridiculous annulment business. when IS a UK divorce NOT a divorce--??
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12th August 2013 #12
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There is no such thing as divorce in the Phils. Additionally, divorce is not recognised in the Phils when the Filipino citizen has sued for that divorce from a foreigner...no matter what country they were residing in at the time. (We got married in the Phils ...if that makes a difference.)
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12th August 2013 #13
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exactly Graham. so--she got a UK divorce--absolute==ive seen it. so how do we use it to get what we want---married--and living here in MY country?
any help from anyone --who has actually done this---would be appreciated
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12th August 2013 #14
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12th August 2013 #15
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@ bigmac:
From what you and others have said previously it would appear that she would have to go back to the Phils in order for you to start of your marriage process.
In applying for a marriage visa she would then have to prove to the Philippines govt. and ours that she is SINGLE and able to marry.
If SHE had filed for her divorce here, then the Phils govt. will not recognise that divorce and she would have to have it annulled in the Phils before THEY would regard her as single.
If her foreign PARTNER had filed for the divorce, (and she was still a Filipino citizen at the time) then she should be free to marry.
That is how I read it anyway.
So, the question is....WHO filed for the divorce ?
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12th August 2013 #16
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Just think the money they would save on NOT going back and forth to the Philippines every other year as most of us do/did.
Like Graham said, there's no such thing as divorce so who's law are we talking about God's or the law of the land.
If enough money is being earn't why bother with any of it..just stay here and sod them all.
Just my opinion
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12th August 2013 #17
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12th August 2013 #18
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Are you suggesting she just overstays here on a visit visa?
Or am I wrong again?
It's really not rocket science, it's very simple.
As I said, they can get married in any country provided she has the correct visa.
If she had a UK marriage visa she could get married here in UK.
If she was the respondent in the UK divorce it's quite easy to have that legally recognised in the Philippines then she'd even be free to marry in the Philippines. Period.
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12th August 2013 #19
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12th August 2013 #20
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To me this sounds like you want to travel to Europe to get married during her visit to UK.
If so the answer is NO it's not possible. Because she would need a visa to travel to Europe and she cannot secure a visa here in UK as she only holds a limited leave visit visa.
She would need a visa which is valid for 6 months or more.
If you mean that she would travel to a European Country from Philippines with the intention of marriage to a non-citizen of that country then she would indeed need to supply a document of 'singleness'. IE CENOMAR
Almost all the documents would need to be translated into the language of that country.
No.
You would need to be exercising treaty rights and living with your spouse in the EEA country for 3-6 months.
After the marriage she would have to return to the Philippines in order to apply another Visa. Or she should try to secure a long term visa prior to the marriage. Not very easy.
To apply for a spouse visa from the Philippines she'd need to be married.
Quite honestly, the simplest strategy is to have her UK divorced legally recognised in the Philippines.
However, is she was the divorce petitioner here in UK she cannot do that.
So the big question bigmac is this....was she petitioner or respondent in her divorce??
Once that is known we can direct you in a much simpler way.
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13th August 2013 #21
From bigmac's posts in the past, I believe his gf has a Filipino husband (correct me if I'm wrong). Either way, if they're both Filipino, his gf's only choice is annulment.
-=rayna.keith=-
...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...
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13th August 2013 #22
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thanx for all your replies guys.
to clarify--my lady is the petitioner--her filipino husband is the respondent. the grounds were 5 years separation.
neither of us realised all the implications when she filed for divorce in the UK over a year ago.
i was hoping there might be a simpler--and quicker solution rather than the annulment process.
i thought if we got married elsewhere--in the EEA---that once we were married then the immigration proceedure could be less complicated.
on a different tack---we have now known each other almost 2 years---so--would the 2 years relationship be worth using rather than marriage?
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13th August 2013 #23
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You have to have proof of 2 years of co habitation..ie corresponding address with bills etc.
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13th August 2013 #24
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If enough money is being earn't why bother with any of it..just stay here and sod them all.
i like it lol. in fact--it would be no big deal--for me. she wont need to work--i can support her.
but--seriously--it needs to be legal--and above board--for her future.
i just wish we didnt need to jump through this annulment hoop. it adds about 3 grand to the whole package--and probably 2 years waiting. i might have snuffed it by then.
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13th August 2013 #25
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You'll have to excuse me bigmac. I'm currently having to jump through hoops myself on a different front and I'm sick of it. The British law is an ass. Everyone of these sons of bitches are out to shaft the good law abbiding. ''Good solicitors'' that's a laugh, they should be good, good without us mortgaging out our souls for the services.
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13th August 2013 #26
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yes gwapito--i have been following your life story on here & i know where youre coming from.
as i said--if it were purely for me--my lady could easily slip through the net and stay here. but we are trying to keep everything legal.
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13th August 2013 #27
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I have a suggestion that would be less cost than 3k and would get you both married double quick without CNI or CENOMAR from either party.......... Las Vegas wedding.
Read it here
You can both enter US on tourist visa.Get wed. Then both return home to apply spouse visa.
Very quick, very simple and very cheap.
Food for thought ?
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13th August 2013 #28
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Great idea Terpe
From the web:
Marriage Laws U.S. Clark County Clerk Marriage License, Las Vegas Marriage Licenses, clerk, office, bureau, weddings, Nevada Clark County Requirements
Here's what you need to know and what documents to bring with you before you apply for a Clark County Clerk marriage license application. We recommend getting this legal aspect of your wedding out of the way about a month before your ceremony date.
It is important that you verify all information with the Clark County marriage license bureau office or county clerk before making any wedding or travel plans.
Las Vegas Marriage License Office
Clark County Clerk
201 East Clark Avenue
Marriage Services Division
Las Vegas, NV 89155
(702) 671-0600
8:00 a.m. - 12:00 a.m./ M - Sun, closed all legal holidays
Closed all legal holidays.
ID Requirement:
Valid picture identification. Acceptable identification includes valid Driver's License, valid Identification Card from DMV, valid Passport, Resident Alien card, Military ID, or Certified or original Birth Certificate.
If a foreign birth certificate, it must be translated into English and notarized. You need to know your social security number, too!
Residency Requirement:
You do not have to be a resident of Nevada.
Previous Marriages:
If you were previously married, your divorce must be final. You need to know the date (month, year) of your divorce and the location (city and state) where you were divorced.
Covenant Marriage Option:
No.
Waiting Period in Clark County:
There is no waiting period to get married in Clark County.
How Much a Marriage License Cost?
Clark County:You will have to pay $35.00 - $65.00 to get married in Clark County.
Other Tests:
No blood tests.
Proxy Marriages:
No. Both parties must be present.
Common Law Marriages:
No.
Same Sex Marriages:
No.
Renewing Your Vows:
No. The County Clerk office is prohibited from issuing a new Marriage License to couples currently married.
You may renew your wedding vows at a church or wedding chapel, but they may require you to bring a copy of your Marriage Certificate for proof of marriage before performing the renewal ceremony.
Cousin Marriages:
Not nearer of kin than second cousins or cousins of half blood.
Under 18:
If you are 16 or 17 years old, you must have one parent or legal guardian present. A notarized written permission is also acceptable. It must be written in English and needs to state the name, birth date, age of the minor child, along with the relationship of the person giving consent. The notary must note that the parent or guardian personally appeared before or was subscribed and sworn to.
If you are under 16, marriage can be authorized only by court order when the request has been filed by either parent or legal guardian.
Name Change:
Getting a marriage license with your new name on it does not mean your name has automatically changed. If you need to change your last name, you can use an online marriage name change kit.
Officiants:
Any ordained or licensed clergymen who have obtained a certificate of permissions to perform marriages and justices of the peace can perform weddings in Nevada.
Miscellaneous:
Requirements for U.S. citizens and Non U.S. citizens are the same. The license is valid for 1 year from the date it is issued. It may be used anywhere within the State of Nevada.
Copy of Certificate of Marriage:
Office of Vital Records
4150 Technology Way, Suite 104
Carson City, NV 89706
775.684.4242
Please Note: State and county marriage license requirements often change. The above information is for guidance only and should not be regarded as legal advice.
It is important that you verify all information with your local marriage license office or county clerk before making any wedding or travel plans.
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13th August 2013 #29
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13th August 2013 #30
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