Lots of question - first time poster

[e12iic 0]

Hello Everyone,

I've been reading a lot of the threads here but I couldn't find an answer to my own question.

This is my situation. My fiance, who's in the Philippines, just recently got her anulment finished. But I guess it wasn't just any type of anulment. They called it "Anulity of Marriage" (which i think is the same thing as anulment), but her explaination is that it means that the marriage never happened. This is what happened with her marriage. About 7 years ago, her and her ex-husband got married. When they filed for the anulment, they needed a real good reason why they were going to file one (The Philippines is not a place to easily get an anulment or divorce). And when they dug up their past, they found out that the whole marriage wasn't even suppose to happen. The person conducting the ceremony was not the same person as was stated in the marriage contract because the person who performed the ceremony had an expired license (to marry people). Basicly, he fooled them into thinking he was a legit person. So on those grounds, the court recently, August of 2006, declared the anulity of marriage.

Upon reading the I129F, it doesn't ask for a documentain of anulity of marriage. And all it ask is for a Divorce Decree, or legal documents that the marriage was properly terminated.

How should I answer this question? Should I even answer it all? Or just put that she's single (which she is) and just provide the anulity of marriage certificate if asked?

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Another question: Her mother is here in the states, and coicidencially, in the same town as I am. However, she arrived here through a visitors visa, but never went back home. So she's been here for around 5 years.

Will her mothers situation of being here illegaly cause a red flag on us?

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Question about my fiances son: Do we need a notarized permision for the kids biological dad to be able to come here with my fiance?

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Affidavit of support: Since I was in the Philippines for the whole year of 2005, I don't really have anything to show for on my Tax returns. And right now, I'm still searching for a Job. When I file the petition, and after they ask for the affidavit, will having 3 Co sponsors suffice? I'm hope to get a job within 2 weeks because I'll be filing the petition the day after I get a job.

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Evidence of the relationship : While in the Philippines, I wasn't searching for anyone, but now it just happens that I've found someone that I want to marry and be with for the rest of my life. Now that I'm back here in California, I find out that we needed lots of pictures, taken at well known landmarks, with dates on them. And even traveling tickets, and things like that. I was in the Philippines because of school, so we didn't get to do any traveling. The pictures that we did take were taken on a cell phone, and maybe a few, less than 5. The way we communicate now is through txt messages, via Chikka.com, yahoo chat, and calling her (using phone cards all the time). Will this be enough to show our for our relationship? I will be going back to the Philippines when she gets interviewed for her visa.

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About her son: Do I need to have/prove that I've met her son (pictures)? I have met her son, and spent time with him, but never took pictures with him.

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Sorry for making this one big mulitple questions. I hope I was as clear as i could. If you have questions regarding anything, please let me know. Thanks for everyone's time.

-eRic

[GaryC 7]

First question: When you answer the question about previous marriage you should put it down. Then check the divorced box and write annulled next to it. (my fiance had a similar situation and that is what I did) Then on the bio form put "annulled" on how it was terminated. You need to give the USCIS ALL information so the consulate has no reason to deny the petition. Make sure you include a copy of her annulment with your petiton.

Second question: I really don't know if it is a red flag. All I can tell you is to tell the truth on the bio form when they ask for her address. You may want to talk to a lawyer about that one.

Third question: If her son's father's name is on his birth cert then you must have his permission to enable him to leave PI. They will stop him at the airport in PI if you don't have that. If no name for the father is on the BC then you don't need his permission.

Forth question: You must be able to prove you can support your fiance before the visa will be approved. Tax forms are only one way to do that. Money in the bank, property, investment and other things can be used. If you don't have any of that then you will need a co-signer that will take responsibility if you can't support her. That part comes later at the interview.

question #5: At this point all you need to do is prove that you met in the last 2 years. Passport stamps, airplane tickets, hotel receipts and your school records are all good for that. As long as you have a few pictures along with that you should be good. The other stuff comes at the interview where you show a continuing relationship.

Question #7: You don't need to prove that you met her son. He gets his K-2 visa when your fiance gets hers. Just make sure you put him down on all the forms.

Don't take what I say here as the final word. If you have any doubts contact a lawyer.

Good luck!!

Edited August 21, 2006 by Iniibig ko si Luz forever

[William33 110]

Hello Everyone,

I've been reading a lot of the threads here but I couldn't find an answer to my own question.

This is my situation. My fiance, who's in the Philippines, just recently got her anulment finished. But I guess it wasn't just any type of anulment. They called it "Anulity of Marriage" (which i think is the same thing as anulment), but her explaination is that it means that the marriage never happened. This is what happened with her marriage. About 7 years ago, her and her ex-husband got married. When they filed for the anulment, they needed a real good reason why they were going to file one (The Philippines is not a place to easily get an anulment or divorce). And when they dug up their past, they found out that the whole marriage wasn't even suppose to happen. The person conducting the ceremony was not the same person as was stated in the marriage contract because the person who performed the ceremony had an expired license (to marry people). Basicly, he fooled them into thinking he was a legit person. So on those grounds, the court recently, August of 2006, declared the anulity of marriage.

Upon reading the I129F, it doesn't ask for a documentain of anulity of marriage. And all it ask is for a Divorce Decree, or legal documents that the marriage was properly terminated.

How should I answer this question? Should I even answer it all? Or just put that she's single (which she is) and just provide the anulity of marriage certificate if asked?

This came up recently in another post, the consensus was that you need to answer: YES

It was a Marriage, although annulled. It is still considered a Marriage. It will not cause problems, if documented.

Another question: Her mother is here in the states, and coicidencially, in the same town as I am. However, she arrived here through a visitors visa, but never went back home. So she's been here for around 5 years.

Will her mothers situation of being here illegaly cause a red flag on us?

Well, that issue can cause problems. Not sure what to advise, as I don't want to breach the TOS of this site. Clearly, that information could be problematic.

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Question about my fiances son: Do we need a notarized permision for the kids biological dad to be able to come here with my fiance?

If your Fiance wants her son to join with her to the US, you will need some sort of permission from the Father. You need to check with the Embassy for specific requirements applicable there.

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Affidavit of support: Since I was in the Philippines for the whole year of 2005, I don't really have anything to show for on my Tax returns. And right now, I'm still searching for a Job. When I file the petition, and after they ask for the affidavit, will having 3 Co sponsors suffice? I'm hope to get a job within 2 weeks because I'll be filing the petition the day after I get a job.

Who are the co-sponsors? Certainly, you have made it clear that you do not qualify with respect to the minimum poverty line of income. You will need some co-sponsor help on this. Your choice, but you should have the job for more than a day, prior to filing the I-129F. Your choice though, if you have good co-sponsors.

------------------

Evidence of the relationship : While in the Philippines, I wasn't searching for anyone, but now it just happens that I've found someone that I want to marry and be with for the rest of my life. Now that I'm back here in California, I find out that we needed lots of pictures, taken at well known landmarks, with dates on them. And even traveling tickets, and things like that. I was in the Philippines because of school, so we didn't get to do any traveling. The pictures that we did take were taken on a cell phone, and maybe a few, less than 5. The way we communicate now is through txt messages, via Chikka.com, yahoo chat, and calling her (using phone cards all the time). Will this be enough to show our for our relationship? I will be going back to the Philippines when she gets interviewed for her visa.

You need to provide primary evidence such as: photocopies of Visa's, passport stamps, airline tickets, boarding pass stubs, hotel receipts or apartment leases and so forth. Photos are important, but are considered secondary or supportive evidence of having met.

About her son: Do I need to have/prove that I've met her son (pictures)? I have met her son, and spent time with him, but never took pictures with him.

Evidence that this is her son is all you need to provide. A birth certificate with the same names will satisfy this requirement. Include his name on the I129-F.

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Sorry for making this one big mulitple questions. I hope I was as clear as i could. If you have questions regarding anything, please let me know. Thanks for everyone's time.

-eRic

Ask more questions, if you need more clarification. Good Luck.

**I see Gary answered before me while spell checking, I hope we had the same answers....I am too tired to check...

Edited August 21, 2006 by William33

[GaryC 7]

For question 3 about needing permission from your fiance's son's father. Were you talking about needing permision for the son to come here or the ex to come here? If it was refering to your son then my answer is correct. If you were talking about her ex coming here then Williams answer is the right one.

[William33 110]

Gary,

Sorry I edited and could not go back to my original point on question 3.

For the OP on your question 3, I had originally stated that if you were referring to your Fiances Ex coming to the US, you cannot facilitate that process. He will need to apply and qualify independently.

[e12iic 0]

For question 3 about needing permission from your fiance's son's father. Were you talking about needing permision for the son to come here or the ex to come here? If it was refering to your son then my answer is correct. If you were talking about her ex coming here then Williams answer is the right one.

Sorry of my question being a little confusing. I was talking about persmission from the father, for their son to come here with his mother, my fiance.

Thank you for the answers guys. It's helped me to decide about getting a lawyer. I wasn't thinking of getting one first, but seeing as some issues are possible red flags, I dont want the risk of denial from the embassy. Thanks guys.

-eRic

[e12iic 0]

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Affidavit of support: Since I was in the Philippines for the whole year of 2005, I don't really have anything to show for on my Tax returns. And right now, I'm still searching for a Job. When I file the petition, and after they ask for the affidavit, will having 3 Co sponsors suffice? I'm hope to get a job within 2 weeks because I'll be filing the petition the day after I get a job.

Who are the co-sponsors? Certainly, you have made it clear that you do not qualify with respect to the minimum poverty line of income. You will need some co-sponsor help on this. Your choice, but you should have the job for more than a day, prior to filing the I-129F. Your choice though, if you have good co-sponsors.

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I have 3 co-sponsors, one is a Single nurse (no kids). The other 2 are nursing assistans. One is single with no kids, and the other is a single mother. I hope they can qualify because I alone do not.

Edited August 21, 2006 by e12iic

[rebeccajo 14]

Guys, I thought the Phil's didn't take co-sponsors for the I-134. Right or wrong?

Assuming he finds it, won't the OP's gainful employment be more important than his 2005 tax return? This is the I-134 we are talking about here - not the I-864.

[Alanlvsjudy 0]

Guys, I thought the Phil's didn't take co-sponsors for the I-134. Right or wrong?

Assuming he finds it, won't the OP's gainful employment be more important than his 2005 tax return? This is the I-134 we are talking about here - not the I-864.

I E-mailed the embassy to inquire about the co sponsor situation a month or two ago, still no response

I make enough to qualify on my own, plus I have adequate assets...but in the beginning I was trying to overkill everything as many of us do. If/when I get a response I will post it for the benefits of others as I have heard the "No co-sponsors in the PI" thing before.

As with everything regarding the K-1's, Time will tell.

[john_and_marlene 162]

Guys, I thought the Phil's didn't take co-sponsors for the I-134. Right or wrong?

Assuming he finds it, won't the OP's gainful employment be more important than his 2005 tax return? This is the I-134 we are talking about here - not the I-864.

You are correct. They generally do not accept cosponsors at the consulate in Manila. I know of no K visas that successfully used a cosponsor in Manila.

[e12iic 0]

Guys, I thought the Phil's didn't take co-sponsors for the I-134. Right or wrong?

Assuming he finds it, won't the OP's gainful employment be more important than his 2005 tax return? This is the I-134 we are talking about here - not the I-864.

You are correct. They generally do not accept cosponsors at the consulate in Manila. I know of no K visas that successfully used a cosponsor in Manila.

I haven't asked the embassy in manila, but when reading other visa/immigration forums regarding the K1 and co-sponsors, co-sponsors were sucessfully used.

[john_and_marlene 162]

Guys, I thought the Phil's didn't take co-sponsors for the I-134. Right or wrong?

Assuming he finds it, won't the OP's gainful employment be more important than his 2005 tax return? This is the I-134 we are talking about here - not the I-864.

You are correct. They generally do not accept cosponsors at the consulate in Manila. I know of no K visas that successfully used a cosponsor in Manila.

I haven't asked the embassy in manila, but when reading other visa/immigration forums regarding the K1 and co-sponsors, co-sponsors were sucessfully used.

They allow cosponsors for IR1/CR1 but not for K1/K3

The best thing to do is to get verification from the immigration visa section at the consulate in Manila. It would be better to know now than to be told at the interview.

[e12iic 0]

...And things just keep getting more complicated for me. First is what I've already mentioned, which is her mother being here, the non-legal way. Now the other is regarding her son. Since they recently went through a "Decleration of Anulity of Marriage," I had thought that she has full custody of her son. Well she does, but the biological father can still fight for custody if he chooses to. Now, since we don't want to leave her son back in P.I, and want to bring him here, we would need his biological father to sign a consent for his son to travel with his mother, my fiance. I myself want everything to be done legally, but it would appear that the biological father is unwilling to sign the consent (more headaches for me). Our plan, after we get married, is for me to adopt her son. I've read in other forums that I can later use the K4 visa to bring him here with us.

This would be my question(s).

1. In the I-129F, it asks for the name of children that my fiance has, and I presume that I would put it there?

2. In the actual interview of my fiance (at the embassy in manila), would they still need the travel consent even if we plan to take her son with us at a later point? (hopefully the adoption goes through before the K2 visa expires).

I hope that I made this as clear as possible.

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They allow cosponsors for IR1/CR1 but not for K1/K3

The best thing to do is to get verification from the immigration visa section at the consulate in Manila. It would be better to know now than to be told at the interview.

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Thanks for the advice. I'll get in contact with the consulate in Manila regarding co-sponsorship. I'll post back with the results.

Edited August 21, 2006 by e12iic

[rebeccajo 14]

Firstly, the Manila consulate is very different than most others. If through research you find any of their requirements (such as co-sponsorship) to be more stringent then you need to follow that line of thinking. COMMANDMENT #2 OF VJ - KNOW YOUR CONSULATE!

Secondly if you plan to adopt her son, you will need consent from the birth father for that. If you cannot get travel permission from him I doubt he will give consent for an adoption.

Edited August 21, 2006 by rebeccajo

[jo&john 1]

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Question about my fiances son: Do we need a notarized permision for the kids biological dad to be able to come here with my fiance?

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Hi...here is information regarding travel clearance of a minor in the Philippines:

"A travel clearance from the DSWD is not required by a minor traveling to a foreign country with both or either parents or with his/her solo parent or legal guardian. ". So, your fiance can bring her son without a travel clearance since her son is traveling with her..as amended

Here is a link to this website (Embassy of the Philippines: Ammendments to Omnibus Guidelines for Minors Traveling Abroad):

http://www.philippine-embassy.org.sg/index.cfm?GPID=117

Good luck!