a little bit confused!

[belinda63 3,038]

Agree, still waiting for clarification as to the OP's parent's status at the time of the marriage to the US citizen. A divorce in the US is a divorce for immigration purposes, just leaving the spouse and marrying someone else is bigamy.

[JLoiS 0]

I'd like to give you a background behind the above story..

As far as I know the problem started when my father made an extramarital relationship while abroad in Saudi Arabia, maybe that was late 1980's, when I'm just on 3rd grade. When he came home, "we didn't expect him", thats when my mom found out the he has STD. Since then I saw them argued on many things. They separated. No support. No communication. Until mom decided to go abroad to support her 2 children.

At around 1994 mom met my stepdad. They came to the Philippines. That's the first time I met my stepdad. I hate my stepdad those days, I can't explain why, maybe as a child I'm still waiting for my biological father and my mom to reconcile. But it never happened. Within a year mom prepared for everything about her visa going to US, I don't know how she made it. I'm not sure if there's such NSO that time.

My stepdad went to US first and waited. During this year they exchange letters, post cards, etc. computers and cellphones was not common then. I remember my mom asking me to buy stationary. I hate the feeling because I hate my dad but then I did whatever she said anyway.. Within that year visa was granted to my mom. They got married, after few years of marriage they got a child. When I found out that I had a sister, I learned to accept the situation. I matured enough to deal with it.

As I've seen in my mom's certificate, my mom filed for citizenship after 5 years of marriage. In the same year she filed petition for me, but then I am turning 22 or 23. My younger sister is under 18 that time, she was petition by my stepdad. With regards to if my mom or my biological father annulled, I am not sure. but I do know that they got married at the age of 17(mom) and 18 (father). When I ask my grandma she said yes, "she did.. she can't come to US if not. She can't marry your stepdad if not." Just for curiosity, I wanted to know if they have a copy of marriage certificate in (NSO)national statistics office.. And yes, they still have.

Right now, my mom and stepdad is on their 60's, has a nursing home. My younger biological sister is a nurse in the US. My half sister ( from my stepdad) is in grade 8. I'm now 33 and getting, and working overseas as an RN.. I still want to go in the US, I've never seen my mom for almost 16 years. most of my families are there. From grandmother to cousins. I filed for a tourist visa last year but denied.

I don't want to get old and die without seeing them in person.. Soo my petition is my only hope, if will will be denied I might apply for employment visa.

Edited December 7, 2011 by JLoiS

[JLoiS 0]

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.

I know.. That's my worry.. that my mom maybe deported.. If that's the case i would rather not go for an interview when my priority date becomes current. After there interrogation to me in the phone during my sisters interview, We didn't expect much but then she was given a visa, and we feel so delighted.

[JLoiS 0]

I'm just thinking..

What if my biological father also has his own family now. Can he file for annulment to my mom even if it seems late? I think going thru annulment in the Philippines is expensive that only rich and famous can afford it. Sad to say. But the law is a law.. And we need to abide to it..

I'm just wondering when is annulment started in the Philippines. In what year?

[Boiler 45,486]

Why do you not ask her if the first marriage was annulled?

[JLoiS 0]

Why do you not ask her if the first marriage was annulled?

[/quo

She did not answer me directly. I think she's not annuled. That's my worry. But when I ask her what if the interviewer will ask me about my father. she told me that I will just tell them the truth that they are married but they are not living together anymore. That's what she told me. That's why I'm here to find some clarification on what to do.. Is it okay to go on interview when my priority date becomes current or its better not too..for my mom's sake.

Well, anyway.. I will go look for an immigration attorney to seek some clarification on this matter when I get home in the Philippines during my vacation.

[Boiler 45,486]

Lawyers can not give proper advice without proper information.

Edited December 7, 2011 by Boiler

[JLoiS 0]

Lawyers can not give proper advice without proper information.

I know "Boiler". I will tell them just like what I'm saying here...

I'm afraid to take the risk if my mom's status in the US will be affected.

[JLoiS 0]

Thanx for all the comments my new found online friends. I've been surfing the net for the past few days and found out that annulment in the Philippines started only on 2003. This only means that when my mom became a US citizen, there's no annulment in the Philippines yet..

Edited December 10, 2011 by JLoiS

[JimVaPhuong 4,863]

She did not answer me directly. I think she's not annuled. That's my worry. But when I ask her what if the interviewer will ask me about my father. she told me that I will just tell them the truth that they are married but they are not living together anymore. That's what she told me. That's why I'm here to find some clarification on what to do.. Is it okay to go on interview when my priority date becomes current or its better not too..for my mom's sake.

Well, anyway.. I will go look for an immigration attorney to seek some clarification on this matter when I get home in the Philippines during my vacation.

This is bad. This means your mother was still married when she married your step-father. Her marriage to your step-father is invalid. Any immigration benefits she obtained based on that marriage are also invalid.

[TeapotGirl 66]

I'm just thinking..

What if my biological father also has his own family now. Can he file for annulment to my mom even if it seems late? I think going thru annulment in the Philippines is expensive that only rich and famous can afford it. Sad to say. But the law is a law.. And we need to abide to it..

I'm just wondering when is annulment started in the Philippines. In what year?

Your father can file an annulment but your papers are all ready, mom has been a USC for many years and your sister is already in the US. If your mom gets deported, then the annulment will be irrelevant.

Thanx for all the comments my new found online friends. I've been surfing the net for the past few days and found out that annulment in the Philippines started only on 2003. This only means that when my mom became a US citizen, there's no annulment in the Philippines yet..

I may not know exactly what year when the annulment was implemented in the Philippines but I am certain it's not 2003. There are many famous celebrities are already annulled and was able to remarry before 2003: Ex: Vilma Santos- Edu Manzano, Christopher de Leon- Nora Aunor, Sharon Cuneta- Gabby Concepcion etc.

Edited December 12, 2011 by TeapotGirl