Jump to content
MadzCarl2008

After we denied in k1 we have plan to get married in and apply for k3

 Share

33 posts in this topic

Recommended Posts

the realsing officer returned my passport and then said they are going to give me a visa if my annument decree is on hand..

the whie slip i had is say's...i received checked on the papers thats says...YOU HAVE NO PETITIONABLE RELATIONSHIP WITH THE PETITIONER...

It's not totally said that i misrepresent and doing some fraud..

Be very careful. You don't have to commit a clear outright fraudulent lie to have a finding of misrepresentation in immigration terms. Read the following article carefully.

http://www.ilw.com/articles/2006,0323-ellis.shtm

It talks about a hypothetical couple petitioning for a k-1, where they were denied due to insufficient proof of a bona fide relationship, and decided to get married and file for K-3. But because of the way the rules are written, in certain circumstances, when the petition is returned to the USCIS and revoked, material misrepresentation is established.

What exactly was the misrepresentation? Nobody seems to know. DOS doesn’t give you a specific answer. The lawyer doesn’t know. And most importantly, the petitioner and beneficiary are clueless. They’re in sort of a Kafkaesque position. They’re accused of misrepresenting something. But nobody tells them exactly what they have misrepresented.

The circumstances Mr. Ellis is describing in the article are a bit different than your own, but I think they're close enough that you should pay very close attention. You may want to seek appropriate legal help.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Link to comment
Share on other sites

  • Replies 32
  • Created
  • Last Reply

Top Posters In This Topic

Filed: Other Country: China
Timeline
First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx.. :crying:

You got a paper from the Consular Officer at the time you were denied. What does it say exactly?

its says im not qualified under labor certification requirements...

Please be more complete.

I have concluded the following from what you disclosed in your earlier messages.

1. Your own G325a indicated you had no previous marriage.

2. The I-129F your husband filed indicated you had no previous marriage.

3. The visa applications you took to the Embassy with you indicated you had no previous marriage

4. You took an oath to tell the truth and that the information on your paperwork was true before you spoke to the Consular officer that denied your visa.

Please confirm the above or explain what the truth of 1-4 above.

Here is some information about section 212

Section 212

Section 212 lists those classes of aliens who are ineligible to receive visas and ineligible for admission to the US, and the classes of aliens who may apply for waivers of ineligibility.

Further....

If denied under section 212, it is possible to marry, go through a spouse visa process and then after the certain denial, your husband could apply for a waiver of your ineligibility. In order for that to be successful he would have to show convincingly that the denial woud cause extreme hardship to him personally. This extreme hardship standard is extremely difficult to meet and requires far more justification than simply being separated from a spouse. Where I've seen it granted is when their are US Citizen Children in the home and the visa applicant is the primary provider for the family. That's not the only grounds but they need to be something tangible and "severe" in nature.

Frankly, I think you would be wasting your time. However, since a waiver attempt is almost assured, I would suggest an organizer move this discussion or a copy of it to the waivers forum for input from people who deal with them more often.

I'm seeing some references to the ability of filing the waiver based on the a K visa petitioner as the qualifying relative, so it may be possible to submit a waiver request without marrying first. There are actually instructions in the I-601 instructions document for K1 and K2 in how to answer the questions related to a qualified relative. Of course, there's still the "extreme hardship" standard to meet. That kills it for many.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: AOS (apr) Country: Zambia
Timeline

The next step is up to your boyfriend in the U.S. He should consult with an immigration lawyer who MAY find some way out of this situation, if your boyfriend is truthful with the lawyer. Any hunch that there is hope for the two of you would need to come from an experienced lawyer.

Getting married just to qualify for a visa to come here might not be such a good idea. Once you have your annulment decree in hand, your boyfriend "might" be able to petition once again for a K-1, asking for a waiver for his first petition. But only a lawyer can offer advice on this. There is nothing you can (or should) do in the Phils.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline
First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx.. :crying:

Hi madz,

I'm glad you decided to come back here and discuss your problem with us again. I hope you can get some helpful advice on VJ,

it seems your problem is indeed a very complicated one.

I can understand that the last time you tried the responses got very noisy and maybe you got afraid to try again.

Thank you for not giving up, and trying again!

People here can probably help you much better if you provide a little bit more information about your case to us.

Thank you for telling us what was on the slip of paper they gave you at your interview, that was helpful.

Here are some other things that can help as well.

As pushbrk has mentioned, if you can tell us what information you (and your fiance) wrote on the petition forms you sent when you began your visa process, especially the questions that deal with your marital status, that is VERY important.

Essentially - the real question we are trying to determine is -- when you first filed the petition for K-1, did you realize at the time that you were still married, and your annulment was not yet done? Or did you have some good reason to believe that you were not married at that time?

I see that you have also removed your timeline information from your profile. Before, you had on your profile that you initially filed for K-1 last year, Feb 2008, and had the interview just now.

Is that true? Maybe if you can explain a bit more about when you filed, and what you filed for, that could help a lot.

In one of your messages today you wrote that on the 212 it said "you are not qualified under labor certification requirements.... "

Is it possible you never applied for a K-1 (fiance) visa at all? Maybe you applied for a work permit visa such as an H visa? And that is what was rejected?

If so that would ENTIRELY change what this discussion is all about.

As you can see, it's hard for us to help when we still have so many questions about your situation. The more you can tell us, the more helpful people can be.

Good luck and best wishes

Link to comment
Share on other sites

Filed: K-3 Visa Country: China
Timeline
the realsing officer returned my passport and then said they are going to give me a visa if my annument decree is on hand..

the whie slip i had is say's...i received checked on the papers thats says...YOU HAVE NO PETITIONABLE RELATIONSHIP WITH THE PETITIONER...

It's not totally said that i misrepresent and doing some fraud..

Sorry I cannot help you but I have a hard time understanding the english.

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
First of all i just wanna say hi and hello to everyone again...

My problem before why i got denied in my interview for k1 is b'coz of my previous marriage that i didn't already have the decision's yet..

and my fiancee and i have plan to get married after i received my decision's...

I just wanna know if there's any conflict about filing again from denying in k1 and we go changing for k3...

i just worried about the grilled question in embassy and aside on that to have a problem with the USCIS also..

as for now we have no idea what to do on that stuff..or we can apply the k1 again no avoid more question..

i am scared for new denying for k3..

Please do help us!!!

thnx.. :crying:

Hi madz,

I'm glad you decided to come back here and discuss your problem with us again. I hope you can get some helpful advice on VJ,

it seems your problem is indeed a very complicated one.

I can understand that the last time you tried the responses got very noisy and maybe you got afraid to try again.

Thank you for not giving up, and trying again!

People here can probably help you much better if you provide a little bit more information about your case to us.

Thank you for telling us what was on the slip of paper they gave you at your interview, that was helpful.

Here are some other things that can help as well.

As pushbrk has mentioned, if you can tell us what information you (and your fiance) wrote on the petition forms you sent when you began your visa process, especially the questions that deal with your marital status, that is VERY important.

Essentially - the real question we are trying to determine is -- when you first filed the petition for K-1, did you realize at the time that you were still married, and your annulment was not yet done? Or did you have some good reason to believe that you were not married at that time?

I see that you have also removed your timeline information from your profile. Before, you had on your profile that you initially filed for K-1 last year, Feb 2008, and had the interview just now.

Is that true? Maybe if you can explain a bit more about when you filed, and what you filed for, that could help a lot.

In one of your messages today you wrote that on the 212 it said "you are not qualified under labor certification requirements.... "

Is it possible you never applied for a K-1 (fiance) visa at all? Maybe you applied for a work permit visa such as an H visa? And that is what was rejected?

If so that would ENTIRELY change what this discussion is all about.

As you can see, it's hard for us to help when we still have so many questions about your situation. The more you can tell us, the more helpful people can be.

Good luck and best wishes

The indication of INI 212 is incomplete and the way it tends to show up is kind of confusing but there should be some other designators somewhere that look like this. INA sectioin 212(a)(6)©i which would be the appropriate ineligibility for this set of circumstances. That's why I asked for further details. This is definitely a K1 case.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: K-3 Visa Country: Philippines
Timeline
The problem is you should not have even applied for the K-1 until you had the decision in hand. You were not free to marry when you sent the petition for the K-1.You should have done your homework before hand. The problem now is that you misrepresented yourself to USCIS. Dont know if getting married and filing for the K-3 will do you any good. Sorry I cant help. But you messed up big time.

Meriem (F)

I seen this before i beleive but may be wrong please verify... filing for k1 visa while still legally married isn't fraud it is just means you were found not eligible to receive the visa at the time what I believe would happen is once your annulment is final you can re-apply for a k1 or k3 visa and you can get your visa.. at that point you will be eligible for the visa.... If this was Fraud i'm sure the consulate would of made a big giant point of it and you would know at the interview. This has been covered on citizen Pinoy on TFC I believe that's where i heard of cases like this. Good luck t his time study what you need to do and can do before you apply for immigration benifets it pays to know how to play the game before you start.. ;)

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

If he/she lied in the application and stated there was no prior marriage then it is classified as Misrepresentation under the INA. She has not stated here if that is what is written on the application or not.

If she told the truth on the applications (that she was married but in the middle of the divorce) then it is not misrepresentation, she/he just wasn't eligible for the visa and never should have made it through USCIS processing in the first place.

IF she lied on the application she would be eligible for an I-601 hardship waiver at the interview, however, with a lie of that size she would need a strong package and lots of proof of bona fide relationship. Misrepresentation (especially of this scale) is not viewed well by the system.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

hello again..i dont know where to start again... before we applied the k1 visa .. ever since i never change my name and my status as married woman

b'coz all i know im a single woman... i had the secret marriage before 2001,,,my ex-bf and i we never applied to legal our marriage or even getting the marriage licence, 2003 when my ex- and i broke up we never act like as a marriage couple or anything we stay as BF and GF... then i turned out yr2005 when i took my CENOMAR i have marriage record... so when we go apply for k1 i got confused b-coz i dont know what my status is b'coz i used my single status until then so we put all the information in the k1 visa is single.. so i ask for atty about this matter and we found out the license number on my marriage contract i had was fake but its forwarded by the SO...and i explained that to the consular officer...

So i received the white slip on the releasing officer..its say's on the papers

: 212(a)(5)(A) you are not qualified under labor certification requirements

You have no petitionable relationship with the petitioner....

so please tell me more about this matter... thank you for the feed back..although it's kind of depressing ... but thnx for listening to me..

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
hello again..i dont know where to start again... before we applied the k1 visa .. ever since i never change my name and my status as married woman

b'coz all i know im a single woman... i had the secret marriage before 2001,,,my ex-bf and i we never applied to legal our marriage or even getting the marriage licence, 2003 when my ex- and i broke up we never act like as a marriage couple or anything we stay as BF and GF... then i turned out yr2005 when i took my CENOMAR i have marriage record... so when we go apply for k1 i got confused b-coz i dont know what my status is b'coz i used my single status until then so we put all the information in the k1 visa is single.. so i ask for atty about this matter and we found out the license number on my marriage contract i had was fake but its forwarded by the SO...and i explained that to the consular officer...

So i received the white slip on the releasing officer..its say's on the papers

: 212(a)(5)(A) you are not qualified under labor certification requirements

You have no petitionable relationship with the petitioner....

so please tell me more about this matter... thank you for the feed back..although it's kind of depressing ... but thnx for listening to me..

i keep waiting my decision this month of february... the consular ask me if i filed for my case and i said yes!..and waiting for my decision this month..

so she need my decision first before they issuing my visa thats what i understand to her...

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
If he/she lied in the application and stated there was no prior marriage then it is classified as Misrepresentation under the INA. She has not stated here if that is what is written on the application or not.

If she told the truth on the applications (that she was married but in the middle of the divorce) then it is not misrepresentation, she/he just wasn't eligible for the visa and never should have made it through USCIS processing in the first place.

IF she lied on the application she would be eligible for an I-601 hardship waiver at the interview, however, with a lie of that size she would need a strong package and lots of proof of bona fide relationship. Misrepresentation (especially of this scale) is not viewed well by the system.

The OP's problem is somewhat common here in Philippines. That is the reason why US Embassy Manila was doing document verification especially on family based visa. It's common in the sense that, annulment is so hard to get in Philippines so there are a lot of women who waited forever for the annulment decision. I think we are the only country who doesn't have divorce. Plus, getting married is so easy here, our system is so messed up. I am one example of a very complicated situation. In my opinion, just file a petition again after you get the decision. I think K1 is easier. They are kinda hard on K3. Sometimes, its so complicated...

January 16, 2008 - sent I-129F (Vermont)

January 21, 2008 - NOA1

March 16, 2008 - NOA2

August 7&9,2008 - Medical K1&K2

August 21, 2008 - Paid document verification fee (P1,300)

August 27, 2008 - Interview

September 08,2008 - Document Verification request sent to NSO

Spetember 19,2008 - Document Verification done -sent back to US Embassy Manila

November 03, 2008 - Case under review

November 26, 2008 - VISA printed

November 28, 2008 - VISA in transit

December 02, 2008- VISA IN HAND

January 12, 2009 - Arrived USA, POE Los Angeles

January 21, 2009 - Got married

January 22, 2009 - Applied for SSN

___________________________________________________________

AOS

February 10, 2009 - Went to Dr. Janet Pettyjohn for form I-693

February 11, 2009 - Sent our AOS packet to Chicago

February 12, 2009 - Packet received signed for by L BOX

February 22, 2009 - Received NOA1 for AOS, EAD & AP

March 17, 2009 - Biometrics Appointment

March 21, 2009 - SSN card arrived in the mail

April 6, 2009 - took driver's license exam and passed! (written and road test)

April 10, 2009 - Repeat Biometrics Appointment

April 14,2009 - Received AP documents in the mail

April 16, 2009 - Received EAD in the mail

SEptember 4, 2009 - GREENCARD received

Link to comment
Share on other sites

Filed: K-1 Visa Country: Thailand
Timeline
hello again..i dont know where to start again... before we applied the k1 visa .. ever since i never change my name and my status as married woman

b'coz all i know im a single woman... i had the secret marriage before 2001,,,my ex-bf and i we never applied to legal our marriage or even getting the marriage licence, 2003 when my ex- and i broke up we never act like as a marriage couple or anything we stay as BF and GF... then i turned out yr2005 when i took my CENOMAR i have marriage record... so when we go apply for k1 i got confused b-coz i dont know what my status is b'coz i used my single status until then so we put all the information in the k1 visa is single.. so i ask for atty about this matter and we found out the license number on my marriage contract i had was fake but its forwarded by the SO...and i explained that to the consular officer...

So i received the white slip on the releasing officer..its say's on the papers

: 212(a)(5)(A) you are not qualified under labor certification requirements

You have no petitionable relationship with the petitioner....

so please tell me more about this matter... thank you for the feed back..although it's kind of depressing ... but thnx for listening to me..

i keep waiting my decision this month of february... the consular ask me if i filed for my case and i said yes!..and waiting for my decision this month..

so she need my decision first before they issuing my visa thats what i understand to her...

Hi madz

Thanks for your further explanations. That helps, but I'm still a bit confused. You write that you had a "secret marriage". What does that mean? Secret from whom? Do you mean that you just "felt married" to your ex BF, but didn't do anything to create a marriage? Or did you go to church and have a priest officiate at a Catholic ceremony with your BF?

You write that you "never applied to legal our marriage or even getting the marriage licence". I don't know the law in the Philippines but I'm guessing that if you had a church wedding you may be considered married even if you never registered it or got a license. That may be why your CENOMAR indicates that you were married before. If this is what happened, then you will need an annulment from that first marriage and probably your visa filing will need to be abandoned since you were technically still married when you petitioned. But you may be able to do a new filing after your annulment if you can demonstrate that you honestly thought you were never married and were simply confused about your status. I think you should get a lawyer to help you if you choose this path.

If you didn't have any church ceremony or other act of marriage, it could be there is just an error on the CENOMAR. If so, I don't think you need an annulment. I think it would be better to get a corrected CENOMAR that shows you were never married, rather than an annulment from a marriage that in fact never existed. If that's what happened, then you should be able to get your K-1 from this filing once you straighten out the paperwork, and you won't need to file again.

You write that "the license number on my marriage contract i had was fake but its forwarded by the SO". There was another case written about recently of identity theft, where the CENOMAR was wrong because someone stole an ID number. Maybe that's what happened to you? Then you should get this error (or identity theft) corrected on the CENOMAR, you don't need an annulment I think. By the way, what do you mean by 'SO'? Significant Other? Who's? Your ex-BF?

I think your case may not be as bad as we first thought. When you filed the K-1 visa petition, it seems that you indicated yourself as single because you believed that you were single and had never been married. Is that right? Did you check the box for 'single' and you did not provide any date for termination of previous marriage? If that's what you did, and you did that because you never thought you were initially married, then I don't see how there is any fraud or deception here and you should still be able to get a visa. Your situation seems complicated enough however that you should probably get expert advice from a lawyer.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Brazil
Timeline
hello again..i dont know where to start again... before we applied the k1 visa .. ever since i never change my name and my status as married woman

b'coz all i know im a single woman... i had the secret marriage before 2001,,,my ex-bf and i we never applied to legal our marriage or even getting the marriage licence, 2003 when my ex- and i broke up we never act like as a marriage couple or anything we stay as BF and GF... then i turned out yr2005 when i took my CENOMAR i have marriage record... so when we go apply for k1 i got confused b-coz i dont know what my status is b'coz i used my single status until then so we put all the information in the k1 visa is single.. so i ask for atty about this matter and we found out the license number on my marriage contract i had was fake but its forwarded by the SO...and i explained that to the consular officer...

So i received the white slip on the releasing officer..its say's on the papers

: 212(a)(5)(A) you are not qualified under labor certification requirements

You have no petitionable relationship with the petitioner....

so please tell me more about this matter... thank you for the feed back..although it's kind of depressing ... but thnx for listening to me..

i keep waiting my decision this month of february... the consular ask me if i filed for my case and i said yes!..and waiting for my decision this month..

so she need my decision first before they issuing my visa thats what i understand to her...

Still sounds like visa fraud to me.

" I was confused and did not know I was still married, but I was waiting for the paperwork?" and it was secret.

I am convinced.

Link to comment
Share on other sites

Filed: Other Timeline
hello again..i dont know where to start again... before we applied the k1 visa .. ever since i never change my name and my status as married woman

b'coz all i know im a single woman... i had the secret marriage before 2001,,,my ex-bf and i we never applied to legal our marriage or even getting the marriage licence, 2003 when my ex- and i broke up we never act like as a marriage couple or anything we stay as BF and GF... then i turned out yr2005 when i took my CENOMAR i have marriage record... so when we go apply for k1 i got confused b-coz i dont know what my status is b'coz i used my single status until then so we put all the information in the k1 visa is single.. so i ask for atty about this matter and we found out the license number on my marriage contract i had was fake but its forwarded by the SO...and i explained that to the consular officer...

So i received the white slip on the releasing officer..its say's on the papers

: 212(a)(5)(A) you are not qualified under labor certification requirements

You have no petitionable relationship with the petitioner....

so please tell me more about this matter... thank you for the feed back..although it's kind of depressing ... but thnx for listening to me..

i keep waiting my decision this month of february... the consular ask me if i filed for my case and i said yes!..and waiting for my decision this month..

so she need my decision first before they issuing my visa thats what i understand to her...

Hi madz

Thanks for your further explanations. That helps, but I'm still a bit confused. You write that you had a "secret marriage". What does that mean? Secret from whom? Do you mean that you just "felt married" to your ex BF, but didn't do anything to create a marriage? Or did you go to church and have a priest officiate at a Catholic ceremony with your BF?

You write that you "never applied to legal our marriage or even getting the marriage licence". I don't know the law in the Philippines but I'm guessing that if you had a church wedding you may be considered married even if you never registered it or got a license. That may be why your CENOMAR indicates that you were married before. If this is what happened, then you will need an annulment from that first marriage and probably your visa filing will need to be abandoned since you were technically still married when you petitioned. But you may be able to do a new filing after your annulment if you can demonstrate that you honestly thought you were never married and were simply confused about your status. I think you should get a lawyer to help you if you choose this path.

If you didn't have any church ceremony or other act of marriage, it could be there is just an error on the CENOMAR. If so, I don't think you need an annulment. I think it would be better to get a corrected CENOMAR that shows you were never married, rather than an annulment from a marriage that in fact never existed. If that's what happened, then you should be able to get your K-1 from this filing once you straighten out the paperwork, and you won't need to file again.

You write that "the license number on my marriage contract i had was fake but its forwarded by the SO". There was another case written about recently of identity theft, where the CENOMAR was wrong because someone stole an ID number. Maybe that's what happened to you? Then you should get this error (or identity theft) corrected on the CENOMAR, you don't need an annulment I think. By the way, what do you mean by 'SO'? Significant Other? Who's? Your ex-BF?

I think your case may not be as bad as we first thought. When you filed the K-1 visa petition, it seems that you indicated yourself as single because you believed that you were single and had never been married. Is that right? Did you check the box for 'single' and you did not provide any date for termination of previous marriage? If that's what you did, and you did that because you never thought you were initially married, then I don't see how there is any fraud or deception here and you should still be able to get a visa. Your situation seems complicated enough however that you should probably get expert advice from a lawyer.

usacandual -

I'm sure you'll remember my writings in the other thread about whether or not the OP has a case of misrepresenation on her hands. The main reason I stayed in the thread is this -

Manila is really like no other consulate in many ways. I think it's great that you are trying to help the OP, but sometimes it's best if we let members who have traveled through a particular consulate do the advising. You may have already noticed the comments of StephNIra and their summation that this situation is really quite common. As she has stated, it's 'easy' to get married in the Philipines. I believe that what some of us regard as 'unmarried' can be 'married' in that country.

At any rate, IMO the OP is not going to get a resolution on VJ. It's best if they take their case to an attorney experienced with the complexities of Philipines marriage laws and the annulment process, along with the nuances of the consulate.

It does not sound like the OP has been charged with any kind of misrepresenation. I had a feeling (solely based upon my readings of the 'weirdness' of Philipine marriage law) that she probably didn't have this hurdle. But an attorney will likely still be needed to unravel the mess.

hello again..i dont know where to start again... before we applied the k1 visa .. ever since i never change my name and my status as married woman

b'coz all i know im a single woman... i had the secret marriage before 2001,,,my ex-bf and i we never applied to legal our marriage or even getting the marriage licence, 2003 when my ex- and i broke up we never act like as a marriage couple or anything we stay as BF and GF... then i turned out yr2005 when i took my CENOMAR i have marriage record... so when we go apply for k1 i got confused b-coz i dont know what my status is b'coz i used my single status until then so we put all the information in the k1 visa is single.. so i ask for atty about this matter and we found out the license number on my marriage contract i had was fake but its forwarded by the SO...and i explained that to the consular officer...

So i received the white slip on the releasing officer..its say's on the papers

: 212(a)(5)(A) you are not qualified under labor certification requirements

You have no petitionable relationship with the petitioner....

so please tell me more about this matter... thank you for the feed back..although it's kind of depressing ... but thnx for listening to me..

i keep waiting my decision this month of february... the consular ask me if i filed for my case and i said yes!..and waiting for my decision this month..

so she need my decision first before they issuing my visa thats what i understand to her...

Still sounds like visa fraud to me.

" I was confused and did not know I was still married, but I was waiting for the paperwork?" and it was secret.

I am convinced.

That's uncalled for and really quite rude. Reported.

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...