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happywifeymom

Urgently Need Your Help Pls.! Don't Know what to do?

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Hello fellow members,

Please am begging for your help and any advice you can give me. I badly need it as i really don't know what to do.

Here is the scenario:

A - Petitioner-USC husband

B - Beneficiary of the I-130 filed-My 2 kids (as husband's stepchildren)

C - I Came here on a K1 visa (2007) and just filed my Removal in July '2009

D- Never married to the father of my kids but father's name was in my kid's Birth Certificate.

Now I just got an RFE letter from USCIS and this is what it says:

The petitioner is seeking to establish a qualifying relationship based on a stepparent/stepchild relationship,Since a step relationship is based upon a marriage that would create the step-relationship, the marriage in question must be valid for immigration purposes to establish the claimed relationship, the petitioner must submit the ff. evidence:

To establish the claimed step-relationship,submit all divorce and death certificates issued by the civil authorities that terminated the marriage between the benefeciary and natural parents.

1.ANNULLMENT/DEATH DECREE- Submit a legible final certified copy and certified English translation of the annulmment or death issued by the civil authoritied that terminated between: _____(my name)and_____(Kid's father's name).

2.Foreign Language Documents -Any documents containing a language other than english must be submitted with afull english language translation.

Plsss.. am begging for your ideas especiall to my fellow pinays who have been through this same situation.

My questions are:

1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

2.How will i get a death decree?- I have no idea if the father of my kids is still alive or where he is and never plan to keep in touch with him at all. he was out of the picture since our 2nd child was born in(2001).

3. When hubby filed K1 for me in 2006..I submitted a CENOMAR or certificate of no marriage proving that even though i have kids i was not married to the father of the kids?That is why i was issued a K1 visa with no problem.

4. My 11 yr.old got a Phil.passport with no problem just showing DFA the CENOMAR. and my 8 yr old son just filed for his passport as well and is scheduled to pick up his passport this OCt.21. and Department of Foreign Affairs in Manila asked for my latest CENOMAR( August 2009) and it shows that I am married to my husband now who is the petitioner for my kids.THe CENOMAR never showed any previous marriages coz like i said i was not.

5.I got 2 same RFE's for my 2 kids.What do i need to do andwhat documents do i need to submit to the USCIS??

I was thinking i may need some kind of affidavit stating that the marriage on the BC of my kids was fictitious or something like fake..would this be enough or valid? If so where will i get it ?Can i make it on my own and have it notarized or it should be from the Phils.signed by the kid's father?

Please... I need your help .Thank you very much in advance.

Edited by happywifeymom
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Hello fellow members,

Please am begging for your help and any advice you can give me. I badly need it as i really don't know what to do.

Here is the scenario:

A - Petitioner-USC husband

B - Beneficiary of the I-130 filed-My 2 kids (as husband's stepchildren)

C - I Came here on a K1 visa (2007) and just filed my Removal in July '2009

D- Never married to the father of my kids but father's name was in my kid's Birth Certificate.

Now I just got an RFE letter from USCIS and this is what it says:

The petitioner is seeking to establish a qualifying relationship based on a stepparent/stepchild relationship,Since a step relationship is based upon a marriage that would create the step-relationship, the marriage in question must be valid for immigration purposes to establish the claimed relationship, the petitioner must submit the ff. evidence:

To establish the claimed step-relationship,submit all divorce and death certificates issued by the civil authorities that terminated the marriage between the benefeciary and natural parents.

1.ANNULLMENT/DEATH DECREE- Submit a legible final certified copy and certified English translation of the annulmment or death issued by the civil authoritied that terminated between: _____(my name)and_____(Kid's father's name).

2.Foreign Language Documents -Any documents containing a language other than english must be submitted with afull english language translation.

Plsss.. am begging for your ideas especiall to my fellow pinays who have been through this same situation.

My questions are:

1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

2.How will i get a death decree?- I have no idea if the father of my kids is still alive or where he is and never plan to keep in touch with him at all. he was out of the picture since our 2nd child was born in(2001).

3. When hubby filed K1 for me in 2006..I submitted a CENOMAR or certificate of no marriage proving that even though i have kids i was not married to the father of the kids?That is why i was issued a K1 visa with no problem.

4. My 11 yr.old got a Phil.passport with no problem just showing DFA the CENOMAR. and my 8 yr old son just filed for his passport as well and is scheduled to pick up his passport this OCt.21. and Department of Foreign Affairs in Manila asked for my latest CENOMAR( August 2009) and it shows that I am married to my husband now who is the petitioner for my kids.THe CENOMAR never showed any previous marriages coz like i said i was not.

5.I got 2 same RFE's for my 2 kids.What do i need to do andwhat documents do i need to submit to the USCIS??

I was thinking i may need some kind of affidavit stating that the marriage on the BC of my kids was fictitious or something like fake..would this be enough or valid? If so where will i get it ?Can i make it on my own and have it notarized or it should be from the Phils.signed by the kid's father?

Please... I need your help .Thank you very much in advance.

hello. i'm not sure if this will work but think about it:

if the marriage between you and your kids' father didn't happen at all (no records from your city hall/church and NSO),

the fastest (legal but might take at least a month or two) way to come up with the reqs for your RFE would be to request for a correction in the BCs of your kids, declaring that the date and place of marriage between you and their father were errors made during registry . you might need to spend a lot for this, and need help from your family back home to process asap. the result should be an (corrections) annotations on their BCs, thus erasing the need for an annulment decree.

you might need to get certification from the city where you supposedly married, stating that no record exists, backing up your claim of the 2 items in the BC being errors.

since you have already presented your kids' BCs to the the DFA w/out question, you cannot and should not declare the marriage between you and your kids' father as fake, this might cause more problems for you and them.

if you do decide to declare it as such (fake) it means there were marriage docs but which were fake (is this what you mean?), then you can and file for annulment on the basis of the marriage being null and void in the first place, which will take longer but is definitely the right way to solve your problem.

try getting a "solo parent certification" from the DSWD if you can (not sure if they're the right agency), stating that since 2001 you have been taking care of them on your own, proving that communication bet you and the father stopped since

affidavits from friends and relatives will also help but only as supplements to the other legal docs.

also come up with an affidavit stating that you tried and did your best at locating/contacting the father but to no avail (something to this effect), so you don't know his whereabouts or if he's still alive or dead. How about contacting SSS or GSIS? they might have information at least about whether he's alive or dead, his address etc

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Thank you so much for your idea. There was no records in any places in the Phils that we were married. The date and place of marriage was only "gawa-gawa lng. When we applied for the kid's passport DFA asked why me and kids have different maiden name coz i was using my single name and the kids in their father's name.Even when i had my interview at the embassy with my K1 i only showed an affidavit of illegitimacy( which i have the latest also authenticated by DFA here in Washington D.C).

About the SOlo parent ID.. i tried that with DSWD but my ID was already expired and not sure if i can renew it now that i am already here since DSWD will not let me renew coz am no longer a solo parent since i got married to my husband now(petitioner).

Also i heared about Affidavit of Fictitious MArriage which I also wanna try since annotation of BC might take longer.I was thinking if the US embassy and DFA accepted my Affidavit of illigitimacy and my CENOMAR proved that i was not married to the ex then it might help.

But i will really try and find out how much it cost for annotation. Thanks really so much.

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Filed: Citizen (apr) Country: Colombia
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Not clear on your statement, but with minor children, unmarried and under 21, your USC spouse would petition for them, maybe you said that.

My situation was, my wife's ex abandoned his family seven years before we met and moved to a different country. She had to locate him, that wasn't easy, the next step was to get his permission to bring HIS children to the USA and give my wife to be full physical custody of his, in our case, is daughter. She needed a fully documented court order to this effect for the USCIS. Regardless of the circumstance, wife and children physical abuse then abandonment, still need that piece of paper to bring the kids here. He used this opportunity to blackmail her, we countered with a lawsuit for seven years of child support plus another five years until she reached 18, that broke him down, so he signed the court order, he has to agree to this. Believe me, a death certificate would have been nice and certainly crossed my mind.

Seems to me, you have to do the same thing with the biological father, behooves me why countries give so much rights to these bastards. We did try to do it without him, but even with all the circumstances, the courts in her country were far more interested in his rights.

Now if that wasn't enough, my step daughter's passport expired, even with that document the Venezuelan consulate in Chicago refuse to issue her a passport without his permission. And even if we got her one, if she traveled to Venezuela, we would need his permission again for her to leave. It's their rules, my wife and daughter were frightened to death to contact him, so I did, he tried to blackmail me for $10,000.00 for him to sign the permission for the passport, and God knows what for the permission letter to leave Venezuela, and he doesn't even live in Venezuela. He is still my step daughter's biological father, nothing will change that, but she hates him with an extremely strong passion, that is also not good. But we had no choice but to wait until she turned 18 when she was finally free of him. Again that death certificate did cross my mind.

As a grown woman now, she did visit her biological father and really blasted him out and came home a different person and considers me as her father now, something you have to live with.

Hope your boyfriend or whatever is not that nasty, depending on your country laws, can sue him for a lifetime of child support payments if he gets hardheaded. We did put in the court order, by signing, he will be exempt from child support. It was a mess, but all over now.

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Filed: Citizen (apr) Country: Colombia
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Not clear on your statement, but with minor children, unmarried and under 21, your USC spouse would petition for them, maybe you said that.

My situation was, my wife's ex abandoned his family seven years before we met and moved to a different country. She had to locate him, that wasn't easy, the next step was to get his permission to bring HIS children to the USA and give my wife to be full physical custody of his, in our case, is daughter. She needed a fully documented court order to this effect for the USCIS. Regardless of the circumstance, wife and children physical abuse then abandonment, still need that piece of paper to bring the kids here. He used this opportunity to blackmail her, we countered with a lawsuit for seven years of child support plus another five years until she reached 18, that broke him down, so he signed the court order, he has to agree to this. Believe me, a death certificate would have been nice and certainly crossed my mind.

Seems to me, you have to do the same thing with the biological father, behooves me why countries give so much rights to these bastards. We did try to do it without him, but even with all the circumstances, the courts in her country were far more interested in his rights.

Now if that wasn't enough, my step daughter's passport expired, even with that document the Venezuelan consulate in Chicago refuse to issue her a passport without his permission. And even if we got her one, if she traveled to Venezuela, we would need his permission again for her to leave. It's their rules, my wife and daughter were frightened to death to contact him, so I did, he tried to blackmail me for $10,000.00 for him to sign the permission for the passport, and God knows what for the permission letter to leave Venezuela, and he doesn't even live in Venezuela. He is still my step daughter's biological father, nothing will change that, but she hates him with an extremely strong passion, that is also not good. But we had no choice but to wait until she turned 18 when she was finally free of him. Again that death certificate did cross my mind.

As a grown woman now, she did visit her biological father and really blasted him out and came home a different person and considers me as her father now, something you have to live with.

Hope your boyfriend or whatever is not that nasty, depending on your country laws, can sue him for a lifetime of child support payments if he gets hardheaded. We did put in the court order, by signing, he will be exempt from child support. It was a mess, but all over now.

Well not exactly, wife still has an unmarried son in Venezuela, I really like him and he likes me, now this is yet another mess, USCIS does not consider kids over 21 as kids and apparently had no understanding between the love of a mother to her child. Wife doesn't talk about this, but know it's bothering her, we are paying for a direct line, so she can talk to him at anytime and he can call her at anytime, but not like being here and together.

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1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

I am familiar with this sort of situation.

You have received RFE's for the I-130 Petitions you submitted in behalf of your kids. In applying, you needed to send copies of their Live Births to the USCIS. Copies of those documents will forever remain in your A# file.

According to your posts, your kids' Live Birth's list a Place and Date of Marriage of Parents, although you claim to have never really been married to the kids' father, even though it says so on the kid's live birth's. Most likely born after 1988 when legitimacy was no longer such an embarrassment.

You have presented those falsified public documents to the Philippine Government (DFA, etc.) for their passports, and also to the USCIS with the intent to gain US immigration benefits for the kids, I-130.

One of the major reasons why they are asking for death/annulment papers is to verify that your previous marriage, as stated on the kids' live birth's, was legally dissolved prior to marrying your American husband on a K-1 Visa. Without evidence of that "fake" marriage being dissolved, you are under suspicion of bigamy.

Its going to be difficult, if not impossible to convince the USCIS to accept any valid reason why there is a marriage listed on your kid's live birth's when no marriage occurred.

In explaining so, you will admitting to estafa falsification of public document. Your kid's passports were derived from those falsified documents. USCIS can not accept them has they were issued based on falsified documents.

In lieu of this willful and fraudulent misrepresentation, the I-130's for your kids will be denied. You could face removal proceedings for immigration fraud - submitting known "fake" documents to the USCIS with the intent to gain immigration benefits for your kids and misrepresenting a material fact.

There was no legal requirement to fill up that line on the kids' Live Births. I feel sorry for when they grow up and realize that their parents lied on their permanent records. Why is Manila regarded as a high fraud embassy?

Ignoring these RFE's and allowing the I-130's to expire, fixing the Live Birth's in the Philippines, and then filing I-130's again will only open up your same A# file where the copies of their old Live Birth's and unanswered RFE's are, making it clear that the original submissions of their Live Birth's were falsified. All of which you swore to be true and correct at the time of original filing.

Having a clean CENOMAR simply means that there are no likely matches for your name on file at the NSO.

They also know that documents, most especially marriage documents can easily be arranged to "disappear" from the archives of the NSO and LCR.

What are they supposed to believe, that you were lying then, or lying now?

It is a moot point to fix their live birth's with annotations and supporting affidavits as you have already submitted copies of their real live births to the USCIS under oath as being true and correct. Covering it all up simply illustrates the original fraud.

Good Luck.

NM

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Filed: AOS (apr) Country: Zambia
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time for a very good immigration attorney to get involved, in my opinion. lying for a public record is not taken lightly here in the US.

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To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

Edited by happywifeymom
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To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

there is always a good chance they will believe you. it's up to you to prove you're worthy of being believed by what docs you present and how you explain you convince them w/your explanation.

you have to try whatever legal means you have available. again, do not declare the marriage info as fake as that is a big word they will use against you.

get as much statements/docs/supporting docs to claim that :

1) the marriage info was an error (something like saying that someone on the father's side at the time supplied the info for their gain w/out your knowledge) in a statement you can then tie this info to the fact that NSO/your city/no church in your city has any record whatsoever of a marriage bet you and the kids' father, and that you were able to get a CENOMAR

2) your kids' father was not around most of the time (can claim that he abandoned you and your kids as early as after the youngest was born) the fact that you were afterall issued a solo parent cert. is very good proof, it doesn't matter that it's expired, what matters is that you were issued the cert/ID because you were raising your kids alone (again proof that the father was not around anymore) although the DSWD might not renew your ID anymore, you can ask for a certification saying that indeed you were issued such ID at one point.

3) you have done all means to locate the kids' father for sometime now (when he abandoned you until recently) but that no records were found about his whereabouts or whether he is still alive or not. as i said before, if you can get certifications from SS or GSIS, or your brgy saying they do no have info about him

4) tie up all your docs/statements/affidavits to say that therefore you cannot get an annulment decree because of 1) or a death cert bec of 3) and that you won't be able to get any kind of permission from the kids' father of any kind bec. of 2) and 3) and that you hope all affidavits/certs you have gathered will suffice as proof of the truth of all your statements/explanation

don't lose hope. god bless

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Filed: Country: Vietnam (no flag)
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To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

I don't see NutMagnet's post as passing judgment on you. He or she is simply offering a view that an objective person may make.

Just because it is common in the Philippines to provide false information on a child's birth certificate about the parents' marital status does not mean that it is not a lie. If you provided the information and you did so knowing that it was incorrect, then you lied. You need to accept responsibility for your current situation by acknowledging that you made a mistake. You need to focus on how to fix that mistake. Getting corrected birth certificates and giving USCIS a reasonable explanation is your only hope to correct your mistake. Lies such as the father's family gave the information to the hospital will only hurt you. While Zen Den may mean well, the suggestion that "1) the marriage info was an error (something like saying that someone on the father's side at the time supplied the info for their gain w/out your knowledge) in a statement you can then tie this info to the fact that NSO/your city/no church in your city has any record whatsoever of a marriage bet you and the kids' father, and that you were able to get a CENOMAR" will only hurt you. Do not make further misrepresentations to USCIS. Sending them birth certificates that contain information you know to be false is misrepresentation that could be the basis to deny the application. At this point, you need to correct the birth certificates and basically hope that USCIS uses its discretion to approve the cases for your children despite the initial misrepresentation.

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Filed: Country: Vietnam (no flag)
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The reason that USCIS can reject the petitions for your children is not that their birth certificates are wrong. The problem is that you provided birth certificates with information that you know to be false to USCIS. That is misrepresentation on your part.

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Hi Zenden,

Thank you so much for your helpful idea and to you all who replied to this post. I know i made a mistake .it was the father's idea to put what appeared in the kid's BC. But like i have said there was always the affidavit that supports the Birth Certificate.Thank you for giving me this helpful tips.

I will still hope and try to correct my mistake from here(lesson Learned). I will also include the solo parent ID that was issued to me by the Department of Social Welfare and Development as may be proof of abandonement and my CENOMAR I had in 2006 that shows i was not married from the time i was born till 2006 and my latest CEMAR that shows i am married to my husband now.

I know it was a big mistake that gave me a lesson becoz of the stupidity of the ex.But i appreciate all who replied to my post.

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To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

I don't see NutMagnet's post as passing judgment on you. He or she is simply offering a view that an objective person may make.

Just because it is common in the Philippines to provide false information on a child's birth certificate about the parents' marital status does not mean that it is not a lie. If you provided the information and you did so knowing that it was incorrect, then you lied. You need to accept responsibility for your current situation by acknowledging that you made a mistake. You need to focus on how to fix that mistake. Getting corrected birth certificates and giving USCIS a reasonable explanation is your only hope to correct your mistake. Lies such as the father's family gave the information to the hospital will only hurt you. While Zen Den may mean well, the suggestion that "1) the marriage info was an error (something like saying that someone on the father's side at the time supplied the info for their gain w/out your knowledge) in a statement you can then tie this info to the fact that NSO/your city/no church in your city has any record whatsoever of a marriage bet you and the kids' father, and that you were able to get a CENOMAR" will only hurt you. Do not make further misrepresentations to USCIS. Sending them birth certificates that contain information you know to be false is misrepresentation that could be the basis to deny the application. At this point, you need to correct the birth certificates and basically hope that USCIS uses its discretion to approve the cases for your children despite the initial misrepresentation.

what do you mean by getting the kids' BC's corrected, other than getting requesting for a correction with her local registrar?

why would getting certifications for facts (that there is indeed no record of the marriage w/NSO thus she was able to get a CENOMAR) hurt her when these would exactly straighten the mistake in the BC?

she did get a cenomar. proof is she passed her K1 visa application, and at the time too when NSO verification was done to double check people's documents.

since all she did for her son's applications is send docs she had, hoping they would suffice, i don't she did any misrepresentation.

USCIS just needs to see proofs that would explain why she won't be able to get an annulment decree or death cert, 0-because whereas the BCs show she was married, she was not. and whereas marriage presumes that w/the absence of a divorce/annullment decree, two married parties are still staying together, they were not.

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Filed: Country: Vietnam (no flag)
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To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

I don't see NutMagnet's post as passing judgment on you. He or she is simply offering a view that an objective person may make.

Just because it is common in the Philippines to provide false information on a child's birth certificate about the parents' marital status does not mean that it is not a lie. If you provided the information and you did so knowing that it was incorrect, then you lied. You need to accept responsibility for your current situation by acknowledging that you made a mistake. You need to focus on how to fix that mistake. Getting corrected birth certificates and giving USCIS a reasonable explanation is your only hope to correct your mistake. Lies such as the father's family gave the information to the hospital will only hurt you. While Zen Den may mean well, the suggestion that "1) the marriage info was an error (something like saying that someone on the father's side at the time supplied the info for their gain w/out your knowledge) in a statement you can then tie this info to the fact that NSO/your city/no church in your city has any record whatsoever of a marriage bet you and the kids' father, and that you were able to get a CENOMAR" will only hurt you. Do not make further misrepresentations to USCIS. Sending them birth certificates that contain information you know to be false is misrepresentation that could be the basis to deny the application. At this point, you need to correct the birth certificates and basically hope that USCIS uses its discretion to approve the cases for your children despite the initial misrepresentation.

what do you mean by getting the kids' BC's corrected, other than getting requesting for a correction with her local registrar?

why would getting certifications for facts (that there is indeed no record of the marriage w/NSO thus she was able to get a CENOMAR) hurt her when these would exactly straighten the mistake in the BC?

she did get a cenomar. proof is she passed her K1 visa application, and at the time too when NSO verification was done to double check people's documents.

since all she did for her son's applications is send docs she had, hoping they would suffice, i don't she did any misrepresentation.

USCIS just needs to see proofs that would explain why she won't be able to get an annulment decree or death cert, 0-because whereas the BCs show she was married, she was not. and whereas marriage presumes that w/the absence of a divorce/annullment decree, two married parties are still staying together, they were not.

When you supply USCIS with a document with information that you know to be false - that is misrepresentation. Please look up the definition of misrepresentation. Misrepresentation is giving information to another that you know to be false as the truth. Here, the OP gave USCIS birth certificates with information that she knew was false and represent it to be true. When she sent in the birth certificates, she assert them to be true.

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Like i said..everytime the BC's are presented there was always the supporting affidavit of explanation to explain what was on the BC and US immigration had that file since K1 for me to be approved of the K1.

There is no harm in trying..i had talked to fellow pinays who are in the same boat and was able to solve this situation.But i do appreciate your time.

Thank you Zenden you give me hope. God bless!

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