Help! Previous Marriage not on G325

[cebu72 0]

Help! My fiance was married 17 years ago but never assumed his name or lived as a married couple (it was a shotgun wedding, after a baby was born) They went seperate ways back then, apparently after two weeks, and that was the end.

UNTIL-

We met, and I filed 129F, which was approved this month. YAY.... sort of...

Well turns out in June she was gathering documents and was unable to get a certificate of no marriage (becasue apparently she was still married).... and so in July was issued a quickie annulment (yes they do exist in the Philippines) and now has that documentation reflecting annulment in July of this year for the marriage of 17 years, even though I filed the 129f in March...

However, the preceeding info was NOT disclosed on the G325, which by the way, I filed in March - before the quickie annulment, and before I knew about this.

And so... what next?

NOA2 has been sent, she has packet, what should we do?

Withdraw application and refile? Just prepare the correct documentation for presentation at interview (which may reflect this unusual timeline and nondisclosure on the 129f) ????????

How much of a problem will this be? Do I need an attorney at this point?

I have to believe this is a situation that has occured before, so please help if with advice if you have any insight!

[pushbrk 12,824]

Help! My fiance was married 17 years ago but never assumed his name or lived as a married couple (it was a shotgun wedding, after a baby was born) They went seperate ways back then, apparently after two weeks, and that was the end.

UNTIL-

We met, and I filed 129F, which was approved this month. YAY.... sort of...

Well turns out in June she was gathering documents and was unable to get a certificate of no marriage (becasue apparently she was still married).... and so in July was issued a quickie annulment (yes they do exist in the Philippines) and now has that documentation reflecting annulment in July of this year for the marriage of 17 years, even though I filed the 129f in March...

However, the preceeding info was NOT disclosed on the G325, which by the way, I filed in March - before the quickie annulment, and before I knew about this.

And so... what next?

NOA2 has been sent, she has packet, what should we do?

Withdraw application and refile? Just prepare the correct documentation for presentation at interview (which may reflect this unusual timeline and nondisclosure on the 129f) ????????

How much of a problem will this be? Do I need an attorney at this point?

I have to believe this is a situation that has occured before, so please help if with advice if you have any insight!

Unless you withdraw the current petition and refile, you'll just be wasting time. The visa will be denied based on the annulment date. You must both be free to marry on the date the petition is filed. You are now. You were not then.

[chris4gretchen 1]

Puskbrk is correct. You were not free to marry when the petition was filed. you cant save this filing. You will have to file again and start all over after this one is denied. You could speed up things by having this one cancelled.

Too bad your honey couldnt have told you about her previous marriage before you filed so you could get it annulled. Now it will cost again the filing fee and the time.

Chris

Edited September 28, 2008 by chris4gretchen

[LastChance 0]

Help! My fiance was married 17 years ago but never assumed his name or lived as a married couple (it was a shotgun wedding, after a baby was born) They went seperate ways back then, apparently after two weeks, and that was the end.

UNTIL-

We met, and I filed 129F, which was approved this month. YAY.... sort of...

Well turns out in June she was gathering documents and was unable to get a certificate of no marriage (becasue apparently she was still married).... and so in July was issued a quickie annulment (yes they do exist in the Philippines) and now has that documentation reflecting annulment in July of this year for the marriage of 17 years, even though I filed the 129f in March...

However, the preceeding info was NOT disclosed on the G325, which by the way, I filed in March - before the quickie annulment, and before I knew about this.

And so... what next?

NOA2 has been sent, she has packet, what should we do?

Withdraw application and refile? Just prepare the correct documentation for presentation at interview (which may reflect this unusual timeline and nondisclosure on the 129f) ????????

How much of a problem will this be? Do I need an attorney at this point?

I have to believe this is a situation that has occured before, so please help if with advice if you have any insight!

Quickie annulment? Is there really such thing? If she filed annulment in June and got it July, you better make sure its really an annulment... 1st, it takes 15 days for the Solicitor General and 15 days to wait for an answer from the respondent. Another 15 days for collusion. 15 days for the finality. That alone is 1 1/2 months. Thats without pre-trial brief and the trial itself. If that's really true...then I want one!!!

[pushbrk 12,824]

Puskbrk is correct. You were not free to marry when the petition was filed. you cant save this filing. You will have to file again and start all over after this one is denied. You could speed up things by having this one cancelled.

Too bad your honey couldnt have told you about her previous marriage before you filed so you could get it annulled. Now it will cost again the filing fee and the time.

Chris

For anybody who may be confused by the subject line, this is not simply an issue of failing to disclose a prior marriage on the G325a. If it were, I wouldn't really expect a problem.

This is an issue of filing a petition for a fiance visa when the beneficiary is a married person. Because it is the PI and a CENOMAR is required, the Consular officer will see that the beneficiary was not free to marry when the petition was filed, and deny the visa.

[Dakine 26]

Help! My fiance was married 17 years ago but never assumed his name or lived as a married couple (it was a shotgun wedding, after a baby was born) They went seperate ways back then, apparently after two weeks, and that was the end.

UNTIL-

We met, and I filed 129F, which was approved this month. YAY.... sort of...

Well turns out in June she was gathering documents and was unable to get a certificate of no marriage (becasue apparently she was still married).... and so in July was issued a quickie annulment (yes they do exist in the Philippines) and now has that documentation reflecting annulment in July of this year for the marriage of 17 years, even though I filed the 129f in March...

However, the preceeding info was NOT disclosed on the G325, which by the way, I filed in March - before the quickie annulment, and before I knew about this.

And so... what next?

NOA2 has been sent, she has packet, what should we do?

Withdraw application and refile? Just prepare the correct documentation for presentation at interview (which may reflect this unusual timeline and nondisclosure on the 129f) ????????

How much of a problem will this be? Do I need an attorney at this point?

I have to believe this is a situation that has occured before, so please help if with advice if you have any insight!

I'm sure a LOT of people would like to see more about the "quicky annulment". You have to be careful as there is LOTS of forgery and fraud with documents in the Philippines.

[chris4gretchen 1]

I have never heard of a quickie annullment either. We have a friend who spent about 8 months for hers to be final from start to finish and it wasnt cheap.

Chris