This article explains how an existing, unannulled Philippine marriage affects U.S. immigration benefits. It draws from core rules in Philippine family law and U.S. immigration practice. It is general information, not legal advice.

1) Why this issue matters

U.S. immigration benefits that depend on family relationships (fiancé(e), spouse, step-child, parent) require that every prior marriage of each party has been legally terminated before a new marriage or petition is recognized. In the Philippines, marriages are presumed valid and do not dissolve by separation; they end only through death, judicial declaration of nullity/annulment, judicial recognition of a qualifying foreign divorce, or judicial declaration of presumptive death (in narrow circumstances).

If a Filipino contracts a second marriage before the first is legally ended, the second marriage is void ab initio under Philippine law and can derail U.S. immigration filings—often with serious fraud or moral-character consequences.

2) Philippine legal framework (what counts as “still married”)

2.1 Presumption of validity and the need for a court decree

A Philippine marriage is presumed valid.
Article 40 (Family Code) requires a prior judicial declaration of nullity before a person may remarry, even if the earlier marriage is alleged to be void (e.g., lack of license, bigamy, psychological incapacity).
Separation, private agreements, or pending cases do not restore capacity to marry.

2.2 Bigamy as a crime

Article 349 (Revised Penal Code) penalizes bigamy: contracting a second or subsequent marriage before the first is dissolved or the spouse declared presumptively dead.
Elements typically include: (1) a first valid marriage, (2) a second marriage, (3) no valid dissolution or judicial declaration before the second marriage, and (4) capacity to marry otherwise.
Conviction is separate from (and not required for) civil nullity.

2.3 Void vs. voidable marriages (and why it matters)

Void marriages (no effect from the start): bigamous/polygamous unions; absence of essential/requisite formalities; psychological incapacity; incestuous/void by public policy; marriage to a person declared presumptively dead without the necessary judicial declaration; marriage by an unauthorized solemnizing officer (with nuances).
Voidable marriages (valid until annulled): lack of parental consent (18–21), vitiated consent (fraud/duress), impotence, certain STDs, etc.
For any remarriage, a prior court decree (nullity or annulment) or recognized foreign divorce is needed.

2.4 Foreign divorces and Article 26(2)

If one spouse is a non-Filipino, a foreign divorce that actually dissolves the marriage can be judicially recognized in the Philippines; once recognized, the Filipino is capacitated to remarry.
Philippine courts require: (a) proof of the divorce decree, (b) proof of the foreign law allowing it, and (c) proper authentication, then an order recognizing the judgment; afterwards, civil registry entries are annotated.
Modern jurisprudence allows recognition even if the Filipino obtained the foreign divorce, but judicial recognition in the Philippines is still necessary; recognition is not automatic upon issuance of the foreign decree.

2.5 Presumptive death route (Article 41)

A spouse may remarry only after a judicial declaration of presumptive death (strict “well-founded belief” standard). Without the court declaration, a subsequent marriage remains bigamous/void.

3) How Philippine marital status interacts with U.S. immigration rules

3.1 Validity of marriage for immigration

USCIS and the U.S. Department of State generally recognize a marriage if it is valid where celebrated and not contrary to U.S. federal public policy.
A Philippine second marriage contracted while a prior Philippine marriage remains unended is void under Philippine law; the U.S. typically treats it as invalid, so spousal benefits (CR-1/IR-1, K-3, etc.) fail.

3.2 Fiancé(e) visas (K-1)

A K-1 beneficiary must have legal capacity to marry at the time of visa issuance and marriage to the petitioner within 90 days of entry.
If still married in the Philippines (no decree/recognized divorce), the person cannot qualify for a K-1. Proof of a court decree (or recognized foreign divorce) is required before issuance.

3.3 Spousal petitions (I-130) and adjustment

Petitioners must submit evidence terminating all prior marriages (final decree of nullity/annulment; court order recognizing foreign divorce; death certificate).
If a Philippine marriage is unannulled/unrecognized, USCIS will deny the petition because there is no valid underlying marriage.
If a spousal petition slipped through but was based on a void subsequent marriage, adjustment of status can be denied or rescinded; removal may follow.

3.4 Step-child, parent, and derivative relationships

Step-child status requires a valid marriage between the parent and step-parent before the child turns 18. A bigamous/void marriage creates no step-relationship for immigration.
Parent-child (biological): U.S. law recognizes children born in or out of wedlock, but particular categories (e.g., “legitimated child”) can depend on valid marriage or legitimation rules. If legitimation hinges on the parents’ later valid marriage, a void second marriage will not effect legitimation under Philippine law.
Derivative benefits tied to a non-existent spousal link will fail.

3.5 Public-policy and inadmissibility issues

Polygamy ground: INA §212(a)(10)(A) renders inadmissible a person “coming to the United States to practice polygamy.” A present bigamous union can raise red flags; while intent matters, overlapping marriages invite scrutiny and potential refusals.
Misrepresentation/fraud: If an applicant misstates marital status (e.g., claims “single” or “annulled” without a decree), they risk INA §212(a)(6)(C)(i) (material misrepresentation). This is a lifetime bar unless a narrow waiver applies.
Crimes involving moral turpitude (CIMT): Knowingly contracting bigamy may be treated as a CIMT in some contexts. A conviction, charge, or credible evidence can affect inadmissibility or good moral character for naturalization.
Good moral character (naturalization): A pattern of deceit (e.g., sham or bigamous marriage) within the statutory period can defeat naturalization, even without a conviction.

4) Typical scenarios and outcomes

Scenario A: First marriage in the Philippines; second marriage (to a U.S. citizen) while the first remains unended

Philippines: Second marriage is void ab initio; possible bigamy prosecution.
U.S. immigration: Spousal petition denied; any K-3 or immigrant visa refused; step-child claims based on the second union fail.

Scenario B: Filipino spouse obtains a foreign divorce abroad, then remarries

Until a Philippine court recognizes that foreign divorce and the PSA annotations issue, the Filipino is not considered capacitated to remarry under Philippine law.
A spousal petition filed before recognition risks denial for lack of a valid marriage; once recognition is granted and civil registry entries are updated, the person gains capacity and can proceed.

Scenario C: Foreign spouse divorces the Filipino abroad; Filipino remains in the Philippines

After judicial recognition in the Philippines, the Filipino gains capacity to remarry. Without judicial recognition, U.S. adjudicators may still question capacity (documentary inconsistencies) and the Embassy in Manila commonly expects Philippine civil registry annotations.

Scenario D: Presumptive death

You must first secure a court declaration of presumptive death. Without it, a new marriage is void; with it, a new marriage can be valid. Evidence thresholds are high and closely examined.

5) Documents U.S. adjudicators look for (Philippine context)

PSA CENOMAR/Advisory on Marriages for each party (shows all recorded marriages).
PSA Marriage Certificate of the union forming the basis for immigration.
Final Philippine court decree (annulment/nullity) and proof of entry of judgment, plus PSA annotation.
For foreign divorces:
1. Certified foreign divorce decree,
2. Proof of foreign law allowing the divorce,
3. Judicial recognition order from a Philippine court, and
4. Updated PSA annotations.
Death certificate of former spouse, if applicable.
Any criminal records or clearances if bigamy was alleged/charged.

Practical point: Even where U.S. law might accept a divorce as valid where obtained, the Philippine records often control what the Embassy and NVC view as proof of capacity. Inconsistencies (e.g., CENOMAR still showing a subsisting first marriage) commonly trigger refusals or prolonged administrative processing.

6) Risks if you proceed without clearing the first marriage

Immediate denial of fiancé(e)/spousal visas or adjustment.
Lifetime inadmissibility for material misrepresentation if marital history is misstated (waiver under INA §212(i) is limited and discretionary).
Criminal exposure in the Philippines for bigamy.
Collateral fallout: invalidation of step-child petitions; later naturalization problems; potential removal if status was granted in error.

7) Curing the problem (lawful pathways)

File a Philippine case for declaration of nullity (void marriages) or annulment (voidable).
- Expect evidence on grounds (e.g., psychological incapacity requires expert and factual proof).
- After a final decision and entry of judgment, ensure PSA annotation is completed.
Judicial recognition of foreign divorce (Article 26(2) route).
- Prepare certified copies of the divorce decree and foreign law, with proper authentication; file a petition to recognize the foreign judgment in a Philippine court; then process civil registry annotation.
Presumptive death (narrow, evidence-heavy).
- Obtain a court declaration before any remarriage.
Re-file immigration only after records are in order.
- For spousal cases: submit the new I-130 with complete termination documents and PSA annotations.
- For K-1: show capacity before visa issuance.
- Correct any prior misstatements via counsel; consider whether a waiver (e.g., 212(i) for misrepresentation; 212(h) for certain CIMTs) is available and strategically sound.

8) Special notes on children and name/legitimation issues

RA 9255 (surname of the father) does not itself legitimate a child; it only affects the surname upon acknowledgment.
Legitimation by subsequent marriage requires that the parents could have validly married at the time of conception; a subsequent void marriage does not legitimate.
For U.S. immigration, a biological child can still qualify without legitimation if the legal definition is met (e.g., bona fide parent–child relationship with the father and evidence of financial/emotional support), but step-child status always depends on a valid marriage.

9) Embassy-and-NVC realities (Manila)

Cases with incomplete PSA annotations, pending Philippine cases, or unexplained multiple marriages often receive 221(g) refusals (administrative hold) until proper documents are produced.
Bringing certified court decisions alone is often not enough without the PSA-annotated records aligning with the court outcome.

10) Practical checklists

For someone engaged to a U.S. citizen (K-1 path)

□ Obtain decree of nullity/annulment or judicial recognition of foreign divorce first.
□ Update PSA records and secure annotated copies.
□ File K-1 only after you have clear capacity.

For someone already in a second marriage (spousal path)

□ If the first marriage was still subsisting, the current marriage is void under Philippine law; consult counsel on nullity of the second marriage and on terminating the first.
□ Once capacity is restored (and civil records annotated), re-solemnize a new valid marriage if needed, then file the I-130 with complete documentation.

For those with a foreign divorce already in hand

□ File a Philippine petition to recognize the foreign judgment; after the decision, process PSA annotation.
□ Keep the decree, foreign law, recognition order, and PSA-annotated certificates together for NVC/Embassy.

11) Red flags to avoid

Declaring “single” or “annulled” without a final court decree and PSA annotation.
Relying on a pending annulment/nullity case to marry or to file a U.S. petition.
Assuming a foreign divorce automatically dissolves a Philippine marriage without local judicial recognition.
Using a bigamous marriage to create step-child relationships for immigration.

12) Takeaways

In Philippine law, capacity to marry returns only after a court decree (nullity/annulment/presumptive death) or judicial recognition of a qualifying foreign divorce, followed by PSA annotations.
U.S. immigration will typically treat a Philippine second marriage—contracted before the first is legally ended—as invalid, with possible inadmissibility and criminal ramifications.
Clear the first marriage first, align the civil records, and then pursue U.S. immigration benefits.

13) Suggested professional next steps

Consult a Philippine family-law practitioner to evaluate the correct remedy (nullity/annulment, recognition of foreign divorce, presumptive death) and to obtain a decree and PSA updates.
Consult a U.S. immigration attorney to plan filings, assess any inadmissibility risks (polygamy, misrepresentation, CIMT), and determine if any waivers are viable if prior errors occurred.

Clearing the Philippine marital record and aligning it with U.S. evidentiary expectations is the safest and most efficient route to any family-based U.S. immigration benefit.