We got our petition approved but........cenomar

[jeanie&jerry 2]

We got our petition approved but when she got her cenomar(in the Philippines that means certificate of no marriage) it shows that my fiancee is married. 6 years ago she had a BF and thought she got married to him but then found out that he was already married. So she broke off the relationship. She checked with the Local Registry Center after a few months and was told there was no record of her being married. So she assumed she was still single the last 6 years. After we found about the cenomar we got a copy of the marriage certificate and that certificate was full of flaws. First and most important there is no marriage license, then other problems like bad birth dates, forge signatures, wrong addresses, etc. Anyway, we are petitioning for a nullity of marriage where the marriage is void. My question is this-the US embassy is waiting for her physical and interview but we can't go forward because of the cenomar. Do I need to re-apply a fiancee visa after we finally get this annulment? Or can I wait for the nullity of marriage is to be finalized? I was told that you can't re-apply to the same person. I was also told that getting married in the Philippines and then apply for a spouse visa will be better. Does anyone know what are my best options and what can I do? And do you know what huddles I will have go through with those options?

Thank you for your help.

[payxibka 10,045]

moving tp pi regional

[Darnell 8,478]

if the petition is approved, then it's still at USCIS, waiting to be sent over to NVC.

NVC will keep it for a bit, then send it out to US Embassy Manila

at some point, she'll need to submit packet 3 into US Embassy/Manila

and

she has some time to submit this packet.

whilst 'waiting' - she has the time to get the Cenomar 'fixed'.

(If you mean something else, other than 'petition is approved', please use different language? TIA!)

[Darnell 8,478]

---

also - at this stage - relax - you need to flip into 'go slow mode' at US Embassy/Manila -

and

it's pretty straightforward to do that - you have up to 1 year to get all documents submitted from the packet 3 set - and you will need to ask for a later interview date and further extension on the petition validity dates. Ask, and you'll get it - let them know you have slight document problem (not say to them what it is) and you need some time to resolve it.

Good Luck !

[krisca 0]

i dont get it, how can she get married to a guy whose already married. you can't get married w/out a CENOMAR, if you we're approved at USCIS you have time to fix it, i have a friend who was kind of in the same situation the only diff is she was really married but then separated. Get an annulment, which I heard costs a bit. . but then u know no divorce here in P.I., I suggest talk to a good lawyer, I hope you get everything sorted out. You have a year before your case at the NVC expires anyway, wish u both the best God Bless!

[Darnell 8,478]

krisca - it's a bit different for a K-1 visa casefile type, the activities at NVC and USEmbassy/Manila.

[jeanie&jerry 2]

Thank you for your responses so far. As for how she got married to this guy without a marriage license, no cenomar, no approval from parents since at that time she was only 23, no body knows. As far as we know is that the marriage certificate was registered without those other documents. We assumed that all the other documents were forged. We have an attorney working on this and he tells us we have grounds for void of marriage because there is no marriage license. But my real question is not how they got marriage but what to do with the K-1 visa? Last week I just got a letter from the US embassy stating that they ready to set up an interview. I have been told that because of her cenomar showing that she is married, we have to re-apply the K-1 visa because the petition assumes that you are both single and free to marry. So this K-1 petition is now invalid.

[Darnell 8,478]

I can understand yer concern, but based on prior 'chain of evidence' she was free and clear to marry.

Now is new 'chain of evidence' and you have to squash/surpress that by having the prior marriage annulled.

As to 'filing a new K-1' - wait a bit, don't decide to file one UNTIL you do eyeball review of the marriage annullment

and

WHEN finally the DS-230, part I is sent into US Embassy/Manilla, include a letter of attestation about this muck-up.

If she's already sent in the DS 230 Part I, please say so?

[jeanie&jerry 2]

Hello Darnell,

No, she has not sent in her DS 230, any part.

Thank you,

Jerry

[Darnell 8,478]

Jerry - OK - re-read everything I've written here, then map out yer plan of attack for 'going slow with USEmbassy/Manila'

[Pinay Wife 47]

i dont get it, how can she get married to a guy whose already married. you can't get married w/out a CENOMAR,

A Cenomar is not a requirement for Filipino citizens when marrying in the Philippines. What we do have in place of that is the waiting period of ten consecutive days while notice of the marriage application is posted on a bulletin board outside the local civil registrar's office. If nobody objects, then the ceremony will proceed.

Anyway, we are petitioning for a nullity of marriage where the marriage is void. My question is this - the US embassy is waiting for her physical and interview but we can't go forward because of the cenomar.

You can choose to cancel the petition and state the reason for doing so or she can go ahead with the physical and interview but tell the pre-interviewer and consul at interview time about the discovery of the marriage and that she is in the process of annulment. Bring in the paperwork for the annulment. Embassy will give your fiancee one year to complete the process.

Do I need to re-apply a fiancee visa after we finally get this annulment? Or can I wait for the nullity of marriage is to be finalized? I was told that you can't re-apply to the same person. I was also told that getting married in the Philippines and then apply for a spouse visawill be better. Does anyone know what are my best options and what can I do?And do you know what huddles I will have go through with thoseoptions? Thank you for your help.

You cannot re-apply until there is a pending fiancee petition for her. You need to wait for the official cancellation of the petition (if you decide to cancel now) or denial letter (221g, should you decide to go ahead with interview) before you can re-apply. And you can definitely re-apply for the same person/beneficiary but you need to submit a waiver.

I was also told that getting married in thePhilippines and then apply for a spouse visa will be better. Does anyone knowwhat are my best options and what can I do? And do you know what huddles I willhave go through with those options? Thank you for your help.

K1 and spousal visa has its own advantages. you just need to choose which one is best for you. If you do spousal, you need to go back to PI to get married, wait for the marriage certificate to be registered by NSO (1-2 months) before you can apply for spousal visa.Advantage is that once she arrives here on spousal visa, she doesn't need to adjust status. For K1, you can re-start the process as soon as she receives finalityof her annulment.

Ask, and you'll get it - let them know you have slight document problem (not say to them what it is) and you need some time to resolve it.

Darnell, the embassy will know during background check what the "slight document problem" is. Better for them to be upfront about it.

[edp333 9]

Since your NOA2 has four months validity, my suggestion is to wait three months plus to schedule the interview. This will give you additional time to get an estimate of the length of time it will take to get the CENOMAR corrected.

An annulment in the Philippines can take a year or longer, but since your fiancee was not legally married maybe the process wil be quicker.

Darnell, there has been no packet 3 used at the Manila Embassy (USEM), only Packet IV. The process is a little different as the DS forms are submitted at the interview.

[Maxx121 14]

find out how long it will take to get teh annulement and see if you can schedule the interview for after that date.

[marklovetina 52]

so ur fiancee filed nullity of marriage.. give it at least 6 mons. that's a legal process.. and see if u can have an extension... if not cancel it and re-apply after she got her finality...

Edited February 5, 2011 by godsgift

[Messybrownhair 251]

You have 1 year to schedule your interview at USEmbassy Manila.. I waited 5 months to schedule (My noa2 was already expired) but USEM said it was okay. I am not sure how this "marriage" will affect you guys when it comes to the interview, all I am saying is that you have plenty of time to get the annulment done.