a little bit confused!

[JLoiS 0]

My mom and my biological father got married after they found out she's pregnant, but they separated due to unavoidable circumstances. Long years had past until my mom met another man. Got her US. citizenship after years of marriage to my stepdad. After that she filed petition for me and my younger sister. My sister and I grow up with my mothers side, I don't have any news from my biological father since my parents separated (not legally separated, just living with their separate lives). Our step dad knows that my mom has children, We finish universities because of my dads help. My sister is actually living in the states now. For me I'm still in the Philippines because I turned 22 when my mom files my petition. And I've been waiting since then. My big concern is that I does my moms past marriage can affect my papers because my biological father and mom did not go in legal separation processing. What would I do. Do I need a lawyer?

Edited December 4, 2011 by JLoiS

[Ryan H 3,812]

My big concern is that I does my moms past marriage can affect my papers because my biological father and mom did not go in legal separation processing.

The status (or lack thereof) of the relationship between your mom and biological father has nothing to do with the petition she filed on your behalf.

[JLoiS 0]

The status (or lack thereof) of the relationship between your mom and biological father has nothing to do with the petition she filed on your behalf.

Really.. but why then during my sisters interview w/ a male white man in the embassy, everything went well. He did not ask so many questions about my biological dad, but after few days, a Filipina called me and she told me that she's from embassy (Manila, Philippines)and ask me questions about my biological dad, if we still have contact.. do we know where he lives.. they even ask me if I Can get a marriage contract of my parents in NSO (national statistics office) somethings like that.. She even told me they are not sure if they will give a visa to my sister then.. but after a month of no news from them a visa was delivered for my sister. Now it's my turn. my Pd is Nov.2001 for fb1 and the priority they are processing this month I think is Mar1997.. only a few years more to wait.So I'm just worried a bit.

[belinda63 3,038]

Are you saying your mom and biological dad were legally married but never divorced and then she married your step dad? Sorry I guess for your country it would not be divorced by annulled.

Edited December 4, 2011 by belinda63

[TeapotGirl 66]

My big concern is that I does my moms past marriage can affect my papers because my biological father and mom did not go in legal separation processing. What would I do. Do I need a lawyer?

You may mean Annulment.

Legal Separation in the Philippines is just legally separating the couple but it will not entitle both parties to remarry.

Your mother became USC because of her marriage to your stepdad. She will unlikely reach that point if the Dept. of Homeland Security finds out that her marriage in the Philippines isn't legally dissolved yet (knowing how strict they are now). I wonder how it was pulled off if what you assume is true. Did you ask your mom about it?

But as you said, your sister made it I wonder why you won't.

Edited December 4, 2011 by TeapotGirl

[Kevin&Lenith 36]

Had to read that a couple of times, i am guessing somewhere along the line your mother got an annulment, otherwise none of this would be possible lol still confussed (me i mean lol.)

[Boiler 45,486]

I think I get it.

Mother is still married to OP's father.

She entered into a bigamous marriage with a USC and through it obtained US Citizenship.

It seems that USCIS have cottoned on

I would be fascinated to learn what happens.

[The Humanists 10]

My aunt did the same thing. She and my uncle are both Filipino. They were married here. She went to the US several years ago and divorced my uncle after she had been living in California for a year. On my uncle's third visit to her, she asked him to sign the divorce papers. A few years afterwards, she married an American citizen. Neither she nor my uncle filed for an annulment. Her present husband filed a petition for an IR-2 for her kids, and last year, my cousins were given visas. They're in California now. Her apparently bigamous marriage never became an issue. It should have been, but it never was; I don't know why.

[Boiler 45,486]

and divorced my uncle after she had been living in California for a year.

That is the difference.

[TeapotGirl 66]

I wonder when the OP's parents were married. Around late-90's, it became a requirement for any Filipino Citizen to secure a CENOMAR (Certificate of No Marriage) from National Statistics Office before you get married or even when applying a Fiancee Visa because a lot of separated couples refuse to go through the annulment process (it's expensive and tedious) so they will just tend to remarry without legally dissolving the previous marriage.

been living in California for a year. On my uncle's third visit to her, she asked him to sign the divorce papers. A few years afterwards, she married an American citizen.

That is the difference.

As for the rule here about the divorce and annulment:

1. A Filipino Citizen married to a Filipino Citizen must file an annulment for the marriage to be legally dissolved.

2. A Filipino Citizen married to an American Citizen in the Philippines must also file an annulment for the marriage to be legally dissolved.

3. An American Citizen can file a divorce for the marriage to be legally dissolved. Annulment doesn't apply to him, he just needs to be cleared in an American Law to remarry in the US.

4. The finalized divorce paper filed by the American citizen must be filed in the Philippines Regional Trial Court for the Filipino Citizen or the American Citizen to remarry in the Philippines with anybody.

5. A Filipino Citizen turned US citizen can also file a divorce for the marriage to be legally dissolved in the Philippines. Philippine Law no longer applies to him/her since she/he has a different citizenship now.

For people who wants to obtain US citizenship through marriage to an American citizen, they must secure an annulment (if married in the Philippines) here before anything else. If got married without going through a proper channel, the Dept of Homeland and Security will find out any loopholes in the papers. The applicant won't get the G.C more so of the citizenship. He/ she will receive a letter to go back home or be deported.

Edited December 5, 2011 by TeapotGirl

[Boiler 45,486]

Not in this case.

Yet.

[The Humanists 10]

That is the difference.

But my aunt was still a Filipino citizen when she filed for divorce. She wasn't even a resident yet. At the time, she was in the US on a tourist visa.

[Boiler 45,486]

Not familiar with US Divorce Laws, bit being a tourist does not stop you marrying.

She either divorced or she did not, you said she did.

[The Humanists 10]

Yes, she filed for divorce in the US, from her husband in the Philippines. But at the time, she was still on a tourist visa (expired, if I'm not mistaken), and she was still a Filipino citizen. She only became legal after she married an American citizen. There is a law that if a Filipino citizen files for divorce, the divorce isn't valid. A Filipino has to file for an annulment. What I'm wondering about is how she was able to adjust status without US immigration asking for her annulment papers. But maybe it was different then. It wasn't so long ago, though. She got married sometime in 2005, 2006. Anyway, the good news for the OP is that my cousins, my aunt's kids, were all given IR-2s. I guess that means USCIS recognizes my aunt's divorce as legal and her marriage valid, so the OP's mom's marriage to an American is probably considered legal, too, and the OP, in all likelihood, will receive her visa, as long as there aren't red flags.

[Boiler 45,486]

Yes, she filed for divorce in the US, from her husband in the Philippines. But at the time, she was still on a tourist visa (expired, if I'm not mistaken), and she was still a Filipino citizen. She only became legal after she married an American citizen. There is a law that if a Filipino citizen files for divorce, the divorce isn't valid. A Filipino has to file for an annulment. What I'm wondering about is how she was able to adjust status without US immigration asking for her annulment papers. But maybe it was different then. It wasn't so long ago, though. She got married sometime in 2005, 2006. Anyway, the good news for the OP is that my cousins, my aunt's kids, were all given IR-2s. I guess that means USCIS recognizes my aunt's divorce as legal and her marriage valid, so the OP's mom's marriage to an American is probably considered legal, too, and the OP, in all likelihood, will receive her visa, as long as there aren't red flags.

I think you need to re read this thread.

I am pretty certain the US does not discriminate against Filipino's!

They would not ask for her annulment papers, she would have provided her divorce papers.

OP's mom married without divorcing aka Bigamy.