indeerment

[Gary and Alla 3,694]

Since OP is from the Philippines her CENOMAR should settle the question.

Settles nothing. PIs is one of the places where visas have been denied for this. CENOMAR only says "no record in PIs" They could have been married somewhere else.

Besides the consulate needs no "proof" other than a suspicion they do not qualify for a fiancee visa.

[Rebecca Jo 1,962]

Not necessarily. If she got married in another country, or via proxy or simply didn't register the marriage with the appropriate authorities, her CENOMAR could be clean.

Proxy marriage is not recognized by the Service until it is consummated. So I think that's a stretch.

Married outside of the country? What does her passport show?

I'm not saying there are no potential hurdles here. But I do think there are ways to overcome them.

[heizel anne 3]

STOP doing that. Visas CAN and HAVE been denied for that. It is NOT like calling someone "Mommy or Daddy".

There are soecific and important differences in visas for fiancees and spouses. Many people have gotten married and when they find out the soouse visa takes longer to process they decide to misrepresent themselves as engaged. This is fraud and can result in visa denial and a lifetime ban for future visas.

You can call him "honey", "poopsie", "darling", "sweetheart" "snuggle bunny" whatever, but NOT "hubby" or any other term related to marriage.

You cannot "prove" you are NOT married. That is the problem. A CENOMAR only states that there is no record of a marriage in PIs, nothing else.

you mean to say i am now hopeless....no chance that my visa will gonna be approved...is that what are you trying say....my fiancee already sent our 129f last may 4...so you're saying i should not hope anymore with anything....is that....its my fault i know...but its beyond my knowledge...we've been together since 2010 im caliing him that way since then...so your telling me that we're not gonna be together anymore.....how cruel is that so depressing in my part.....

[heizel anne 3]

I AM NOT MARRIED.... ENGAGEMENT HAPPENED BETWEEN US...THIS IS REALLY RIDICULOUS.....I REALLY DIDNT KNOW.....Im so depress with what ive heard with your comments...anyway thank you

[JimVaPhuong 4,863]

you mean to say i am now hopeless....no chance that my visa will gonna be approved...is that what are you trying say....my fiancee already sent our 129f last may 4...so you're saying i should not hope anymore with anything....is that....its my fault i know...but its beyond my knowledge...we've been together since 2010 im caliing him that way since then...so your telling me that we're not gonna be together anymore.....how cruel is that so depressing in my part.....

No, that's not what Gary is saying. It will only be an issue if the CO decides to make it an issue. They tend to make more of an issue out of it in countries where cultural marriages are fairly easy to obtain (by just having a ceremony), and where those marriages are considered legally binding. It comes up a lot in India because marriage law there is complex, and there are different rules for different religions. I've not heard of it being a frequent issue at the consulate in Manila.

Gary is correct that you cannot prove you're not married. A CENOMAR is one of the minimum requirements in Manila (few other countries have such a document), but it's not concrete proof you aren't married. It's only fairly compelling proof that you weren't married in the Philippines. If the consular officer suspects you're married then they're not going to ask for proof to the contrary because they know it's impossible to prove. They'll simply deny the visa on the basis that they believe you've already married, and they'll tell you to file for a spousal visa. Your fiance would then have to marry you and file an I-130 petition.

There's no point worrying about it now since the evidence has already been submitted. Proceed as usual, and be prepared to answer questions about it if the topic comes up at the interview.

[Leatherneck 693]

No, Gary is not telling you that your visa won't be approved -- if a CO notices the use of "hubby," "wife" or similar terms related to one's spouse, you very well could get a real grilling about being married. What he is saying is beneficiaries have been denied a fiance(e) visa for using "husband" or "wife" in their correspondence/emails. If denied -- then your option would be to actually get married and submit an I-130 petition so you could apply for a spousal visa -- or you could jump head first through hoops trying to prove that you aren't really married.

All you can do now is wait, but be prepared to deal with the issue at the interview, now that you know it very well could be an issue.

ETA: Jim I was writing my reply -- you pulled the trigger as I was doing so, therefore the similar tone.

Edited May 6, 2012 by Leatherneck

[Iyawo Ijebu 157]

OP, don't feel too bad, what's done is done. Like others have said just be prepared (in whatever capacity that your research on t his leads to) to defend this.

My fiance also refers to me as Husband eventhough we are not married as we don't culturally have a term for fiance, so I have been working with her on reversing that language.

[heizel anne 3]

Settles nothing. PIs is one of the places where visas have been denied for this. CENOMAR only says "no record in PIs" They could have been married somewhere else.

Besides the consulate needs no "proof" other than a suspicion they do not qualify for a fiancee visa.

Arent they goin to have any investigation or something? i mean if just an endearment is the cause of deny how will they know if im lying or not....In my opinion National Statistics Office in PI is a government department they are very strict and particular in birth certificate also with marriage because this is are all legal documents, if there's falsification now it was called FRAUD...right... if nothing is in there OR NOT REGISTERED or no marriage certificate appear in it, it might be a proof we're not really married...i guess and hope CENOMAR is some part considered as a legal document...im just looking for some possible things or answer in my situation...if this is really an issue should i need to ask a lawyer advise...?

[heizel anne 3]

Arent they goin to have any investigation or something? i mean if just an endearment is the cause of deny how will they know if im lying or not....In my opinion National Statistics Office in PI is a government department they are very strict and particular in birth certificate also with marriage because this is are all legal documents, if there's falsification now it was called FRAUD...right... if nothing is in there OR NOT REGISTERED or no marriage certificate appear in it, it might be a proof we're not really married...i guess and hope CENOMAR is some part considered as a legal document...im just looking for some possible things or answer in my situation...if this is really an issue should i need to ask a lawyer advise...?

i do need a response with you gary...if im refering for a legal documents i think it is somehow a part of it

right?

[Rebecca Jo 1,962]

Arent they goin to have any investigation or something? i mean if just an endearment is the cause of deny how will they know if im lying or not....In my opinion National Statistics Office in PI is a government department they are very strict and particular in birth certificate also with marriage because this is are all legal documents, if there's falsification now it was called FRAUD...right... if nothing is in there OR NOT REGISTERED or no marriage certificate appear in it, it might be a proof we're not really married...i guess and hope CENOMAR is some part considered as a legal document...im just looking for some possible things or answer in my situation...if this is really an issue should i need to ask a lawyer advise...?

What else do those chat convos/e-mails contain? What kind of things are you talking about in them?

[heizel anne 3]

What else do those chat convos/e-mails contain? What kind of things are you talking about in them?

nothing i just say i love him and miss him...some stuff like that....i just check on those emails ive sent to him...i didnt actually include and conversation in ym or skype or oovoo...just and email...in exchange of letters cause he have remittances to me...also plane tickets goin to cebu for a vacation...and photos too

What else do those chat convos/e-mails contain? What kind of things are you talking about in them?

nothing i just say i love him and miss him...some stuff like that....i just check on those emails ive sent to him...i didnt actually include and conversation in ym or skype or oovoo...just and email...in exchange of letters cause he have remittances to me...also plane tickets goin to cebu for a vacation...and photos too

[heizel anne 3]

am i right rebecca cause i cant answer anything or do i really need an advice from a lawyer...

[Rebecca Jo 1,962]

am i right rebecca cause i cant answer anything or do i really need an advice from a lawyer...

Well, a lawyer can't make those words go away. I think a lawyer would tell you to do the things Kathryn said.

Do you know if he even sent those e-mails?

[bigdog 376]

Perception is reality.

[together4evr 360]

Please fill out your timeline

Where are you in this process? Have you gotten NOA2 yet. IS the interview scheduled?

It has been a year since you filed?

You will be fine at the interview. Just be ready to explain the term you used. And stop using it until you are married.