While the Philippines was once the only country, aside from the Vatican, to outlaw divorce, this has now changed. The recent passage of the Absolute Divorce Act has provided Filipino citizens with a legal avenue to dissolve their marriages.
Most previously married Filipinos try to secure an annulment to be able to legally remarry. With thousands of dollars, a few years, and a good lawyer, many of them can pull it off. However, it is rarely, if ever, a smooth or easy process, and isn't achieved by all who attempt it.
Another popular method Filipinos try is converting to Islam. However, converting to Islam as a means to obtain a divorce is no longer a viable option. The Absolute Divorce Act approved in May 2024 explicitly outlines the procedures for obtaining a divorce, and conversion to Islam does not circumvent these legal processes. Below are some examples of visas being denied after the applicant obtained a Sharia divorce.
IR1 Spousal Visa Denied After Sharia Divorce
In this example, an IR1 spousal visa was denied at the embassy phase for the following given reason:
"Your first marriage was not solemnized under Muslim law or Article 13 of the Code of Muslim Personal Laws of the Philippines (MPL). Philippine law does not recognize the validity of your Sharia divorce because the Philippine Family Code is the first or sole legal basis of the underlying marriage. This is true even if one party to a civil marriage later converts to Islam. You do not qualify for the IR1 visa category."
In this case, the embassy didn't recognize the divorce, because the original marriage was solemnized in the Roman Catholic church, therefore doesn't qualify as a legitimate Islamic divorce under their criteria.
Results from Congressional Inquiry
Another of our customers was denied a K1 fiance visa from the Philippines for the same reason. The U.S. sponsor decided to issue a Congressional Inquiry to find out more about why he was denied. Here is the letter he received:
"The case filed by Mr. [U.S. Sponsor] on behalf of [Alien] has been refused and returned to the U.S. Citizenship and Immigration Services (USCIS). Ms. [Alien]'s [Date] marriage to [Alien's prior husband] did not fall within the provisions of the law allowing for Sharia divorce in the Philippines and, as such, their subsequent divorce in [Month, Year] cannot be legally recognized. For this reason, Ms. [Alien] is not free to marry and does not qualify for the fiancee (K1) visa category."
If you or someone you know is considering divorce in the Philippines, it is highly recommended to consult with a legal professional to understand the specific requirements and processes outlined in the Absolute Divorce Act.