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discovered marriage fraud after divorce

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  • discovered marriage fraud after divorce

    i am a us citizen here in the US particularly in California. I married a Filipina in the Philippines at 1995. I have our copy of marriage certficate saying she is SINGLE. I petition her from the Phil to Us and now she is already a US CITIZEN.We got two kids ages 17, and 15. I have decided to divorced her last 2009 because of her spending my money to casino and being so nagger. She goes to party while I am working at Kuwait(Us Army). I married again, and we found out while getting all the papers we needed for the immigration, I requested National Statistics Office Certificate of No Marriage. There is two marriages have appeared under her name. Still valid non void and anulled. the first marriage dated 1988 to a Filipino guy and I requested for her marriage to that guy and it says SINGLE. and second was mine at 1995. I requested to have a copy of Death Certificate of her first husband, from 1988- until today. There is no record of death of this guy, and thanks to facebook, I search thru it and discovered thru friends of my wife relatives I found the exact guy and exact name. He was still living and I had his address in the Phil. My question is, I wanna sue my wife and make her pay for fooling me and the USCIS for marriage and document fraud. I have all the documents just recently requested and collected. And is our marriage in the Phil still valid? I wanna file a legal action against her. Do I have a great chance in my case. And is it necessary to also file a case of BIGAMY in the PHIL and fraud cause we have property in the Phil. that she took from me while where still married. Please advice me on what to do and where to file this first thing or I need to go to lawyer first.. Do I need to go police and report it? on what grounds? Thanks so much, i will appreciate.

  • #2
    Re: discovered marriage fraud after divorce

    I wish to inform you that you can inform USCIS about false information provided to them and they may take necessary action. Further you may go to court which had provided divorce and have a court ruling declaring your divorce as void because your marriage was void and also have court order for return of property. The court which declared your divorce only have jurisdiction to correct any incorrect orders. At present there is no bigamy because you are divorced.

    AFF

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    • #3
      Re: discovered marriage fraud after divorce

      Originally posted by asianmorena View Post
      i am a us citizen here in the US particularly in California. I married a Filipina in the Philippines at 1995. I have our copy of marriage certficate saying she is SINGLE. I petition her from the Phil to Us and now she is already a US CITIZEN.We got two kids ages 17, and 15. I have decided to divorced her last 2009 because of her spending my money to casino and being so nagger. She goes to party while I am working at Kuwait(Us Army). I married again, and we found out while getting all the papers we needed for the immigration, I requested National Statistics Office Certificate of No Marriage. There is two marriages have appeared under her name. Still valid non void and anulled. the first marriage dated 1988 to a Filipino guy and I requested for her marriage to that guy and it says SINGLE. and second was mine at 1995. I requested to have a copy of Death Certificate of her first husband, from 1988- until today. There is no record of death of this guy, and thanks to facebook, I search thru it and discovered thru friends of my wife relatives I found the exact guy and exact name. He was still living and I had his address in the Phil. My question is, I wanna sue my wife and make her pay for fooling me and the USCIS for marriage and document fraud. I have all the documents just recently requested and collected. And is our marriage in the Phil still valid? I wanna file a legal action against her. Do I have a great chance in my case. And is it necessary to also file a case of BIGAMY in the PHIL and fraud cause we have property in the Phil. that she took from me while where still married. Please advice me on what to do and where to file this first thing or I need to go to lawyer first.. Do I need to go police and report it? on what grounds? Thanks so much, i will appreciate.
      You have quite a web she has spun sticking to you. First of all, with an undissolved marriage in the Philippines, the marriage to you is void. She was not eligible to marry anyone with a husband still living.

      As to her obtaining citizenship by fraud, that can result in her citizenship being revoked and her shipped back to the Philippines. There are cases where this has been done when the fraud was discovered more than a couple of decades after citizenship was granted. This needs to be reported to the USCIS.

      As to the bigamy, that needs to be reported to the authorities in the Philippines. As a practical matter, they may or may not prosecute. Thanks to the "no divorce, only annulment" and then on very narrow grounds, bigamy is common in the Philippines. The jails would be full.

      Before taking that action, however, since there is property in the Philippines that you believe you were defrauded from by her, resort to family law court might be a better first stop -- to have the marriage declared void and for restitution of the property there she defrauded you out of. A family law attorney in the Philippines would be your best advisor and to file suit for you. When one is defrauded into marriage an action for damages may be maintained as a separate civil action. Your lawyer there can advise whether you can sustain an action for damages and estimate your chances of recovery. So much depends upon the person's assets as to whether it is worth the time and trial.

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      • #4
        Re: discovered marriage fraud after divorce

        WeddingsAtWork.com - The Family Code of the Philippines (TITLE I - MARRIAGE)

        This might help

        Comment


        • #5
          Re: discovered marriage fraud after divorce

          In the US the law of the Philippines is irrelevant. When divorce or annulment is pleaded, it is the law of the country where the suit was filed. In this case since the poster is a US citizen, in the US, would be filing for declaration of nullity (invalidity) US law would apply for even under the Philippine Code one must be single in order to marry. Only to that extent would Philippine Family/Marriage laws apply. They do not allow bigamy, either.

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