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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Immigration Law
Satisfied Customers: 16110
Experience:  Texas General Practice Attorney
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I have a girlfriend in State, who is the fourth wife of her

Customer Question

I have a girlfriend in Washington State, who is the fourth wife of her husband. She and her husband were married in October 2015. Not long after her husband met a Filipina from the Philippines and then married the Filipina in December 2015. In order to marry the Filipina in the Philippines, the man had to submit an affidavit in lieu of certificate of legal capacity to contract marriage for American citizens (affidavit). In his affidavit, the man declared that he has been married four times and all four marriages were terminated legally. He had the affidavit sworn before a consular officer at the U.S. Embassy in Manila.
The husband then used the affidavit in order to marry the Filipina. The local registrar�s office issued the marriage certificate based upon the required paperwork submitted, inclusive of the affidavit.
Facts: The husband is married four times as declared on his affidavit. However, his fourth marriage is still binding as he is not divorced to the fourth wife. The husband used his divorce papers from the third wife to support his declaration on the affidavit. This fraudulent act on his part enabled him to marry for the fifth time, while his fourth marriage is still active.
Query: Can the fourth wife sue the husband in the United States, even though the marriage to the fifth woman was executed overseas (territorial jurisdiction). Can the fourth wife sue in the Philippines her husband and the woman for bigamy and adultery (again territorial jurisdiction).
My girl friend, who has been with her husband for 4 years (pre and post marriage) is having a hard time dealing with this turn of events. Can Immigration be informed also of this wrong doing of filing a deceitful information to the U.S. government.
Submitted: 4 months ago.
Category: Immigration Law
Expert:  ScottyMacESQ replied 4 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Is this man currently living in the Philippines?

Customer: replied 4 months ago.
No, he is still in WA. He is going to the Philippines mid December 2016 to early Jan 2017 to be with his 5th "wife", the Filipina. He is going to leave behind his fourth wife in WA. He works for a big aero space company in WA. By the way, this guy officiates wedding with his fourth wife as a sideline business.
Customer: replied 4 months ago.
I am overseas right now. Can't talk on the phone
Expert:  ScottyMacESQ replied 4 months ago.

I see. Is he planning on returning to Washington after the marriage?

Expert:  ScottyMacESQ replied 4 months ago.

(that's okay, we can still chat here)

Customer: replied 4 months ago.
The guy is now in two "active" marriages. The fourth wife, who is in WA and the "fifth" wife who is in the Philippines. He is going back to WA in early January as he just got a promotion with Boeing where he works.
Expert:  ScottyMacESQ replied 4 months ago.

Thank you for that additional information. Please give me a few minutes while I type a response. I am still here with you, but it does take a bit of time to type a complete response.

Customer: replied 4 months ago.
That's okay. I can wait. Note that he married the 4th wife in October 2015 in WA and then married the 5th wife in the Philippines in December 2015, using fraudulent affidavit in order to get married in the Philipines.
Customer: replied 4 months ago.
By the way, the 4th wife knows about the fourth wife and is aware that this guy is still married to the 4th wife. Talking about Filipinas dying to get to the land of milk and honey.
Customer: replied 4 months ago.
Correction: the 5th wife knows about the fourth wife and is aware that this guy is still married to the 4th wife. Talking about Filipinas dying to get to the land of milk and honey.
Expert:  ScottyMacESQ replied 4 months ago.

Again, I'm sorry to hear about your girlfriend's situation (and by extension, yours). To have a case against this woman, that "cause of action" is called "alienation of affection". It's where a spouse sues his/or spouse's mistress for causing the marriage to collapse. It alleges that the marriage was a happy one, and only because of the actions of the mistress did the marriage fall apart. That's often hard to show, because if it is the spouse's actions that caused it, rather than the mistress, then it's not alienation of affection. Washington does not have an alienation of affection law (in that it's not recognized in Washington). And while the Philippines does, it requires a "malicious act of estranging a person from his/her lawfully wedded spouse or family." That is, it's not even enough to be a "knowing" or "intentional" act, but has to be malicious. The mistress had to make an act specifically out of malice towards his spouse (your girlfriend) to further estrange her, and only then could she have a case against the mistress in the Philippines , not in the US.

Now your girlfriend would have a case against her husband, and it's actually called divorce. Divorce is a legal cause of action, brought in a lawsuit, and it seeks damages. It's a cause based divorce (adultery).

Likewise, she can report the perjury to the Philippines government AND to US immigration, if he's seeking to bring her over and has made a legal filing claiming her as his spouse. But these reports of perjury and any prosecutions are up to the governing authorities. There's nothing that she can do to compel the governments to prosecute the perjury (or any criminal acts of bigamy). The most that she can do is sue him for divorce in Washington state.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacESQ replied 4 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacESQ replied 4 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacESQ replied 4 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacESQ replied 4 months ago.

Hello?

Expert:  ScottyMacESQ replied 4 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (~50 MINUTES) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacESQ replied 4 months ago.

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

Expert:  ScottyMacESQ replied 4 months ago.

Hello?

Expert:  ScottyMacESQ replied 4 months ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacESQ replied 3 months ago.

I see that you STILL have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacESQ replied 3 months ago.

I need you to rate this question so that I get credit for the time that I spent on it. Thanks!

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