Son want to Petition Biological father

[Don1111 0]

Im Now Adult US Citizen and i would like to petition my biological father in Philippines. and the situation is this My mom remarried here in US but they are not legally separated with my biological father. My Question is this if i am going to petition my father in Philippines do think it will be a problem or conflict on with the process because my mom remarried and not having legal separation or divorce? Need advise

[TBoneTX 46,194]

*** Thread moved from USC forum to "Bringing Family Members of U.S. Citizens to America" forum as a more appropriate location for this topic. ***

[spn1025 38]

fix the first can of beans before you open a new one.. maybe your mom should start filing annulment paperwork in Philippines.

[ndu26 114]

even though you are petitioning your dad, when it time to ask for his civil documents they REQUIRE; his marriage?divorce or death certificate as applicable. his current situatio with ur mom complicates thigs as he is married yet his wife is married to another man

so he needs to get the first marriage sorted out.

[jaycali 415]

This is tricky. But may actually be a much bigger problem for your mom than for your dad.

Did your mom gain permanent residence in the US through marriage to a US citizen and/or permanent resident? What will happen then is that your mom may actually be deported if the consulate finds out that she is still legally married to your dad.

She already has committed bigotry. IF she obtained permanent residence (and subsequent citizenship) based on the marriage in the US, your mother also has committed immigration fraud. That would mean her marriage to her current husband is invalid, and if so, she gained permanent residence status (and subsequent citizenship) through fraud. If the USCIS finds out, she will be stripped of her green card and sent on a plane back to the Philippines. Even if she's a US citizen, citizenship can be revoked if determined to have been obtained on fraudulent grounds.

So if that's the case, I would be very careful for her sake. If she didn't gain permanent resident status or citizenship based on marriage, this becomes an easier issue immigration wise.

Edited January 20, 2013 by Jay Jay

[Jeikun 65]

I think you meant Bigamy. Not Bigotry.

[Penguin_ie 5,997]

Yes this will be a major issue for your mom. When she married new husband in the USA, she was supposed to be unmarried, so she lied on forms. If the marriage had anything to do with her getting a visa/ immigration benefits/ US citizenship, she could loose them if it is discovered she lied and was in fact married when she married a second time.

[jaycali 415]

She already has committed bigotry bigamy.

Just realized that.

For clarification, bigotry is not a ground for deportation

[MIDUVIL 34]

I'm not a specialist, to add to all the posts above, if you gained citizenship by your mom, What will be your new status?

Edited January 20, 2013 by MIDUVIL

[Don1111 0]

They been separated for 10 years and there is not divorce system in the philippines.

They been separated for 10 years and there is not divorce system in the philippines.

Yes i gained it to my mom

[LIFE'SJOURNEY 970]

There is annulment, that is the process she shou;d proceed with if you wants a chance to petition your father.

your mom should start filing annulment paperwork in Philippines

[Penguin_ie 5,997]

They been separated for 10 years and there is not divorce system in the philippines.

Yes, but she could either gain an annulment or possibly divorce him in the USA (divorce laws depend on the state she resides in). Having married before she disolved the previous marriage through annulment or divorce makes her a bigamist in the eyes of the law. Even getting the annulment now is not enough, because she got married before the annulment happened, and starting an annulment now proves that. Before you petition anyone, or she tries to divorce your bio dad, talk to a good immigration lawyer. It may be best to let sleeping dogs lie.

[LIFE'SJOURNEY 970]

Yes, but she could either gain an annulment or possibly divorce him in the USA (divorce laws depend on the state she resides in). Having married before she disolved the previous marriage through annulment or divorce makes her a bigamist in the eyes of the law. Even getting the annulment now is not enough, because she got married before the annulment happened, and starting an annulment now proves that. Before you petition anyone, or she tries to divorce your bio dad, talk to a good immigration lawyer. It may be best to let sleeping dogs lie.

Why something has to be done, because even the Poster legal STATUS IS NOW IN jeopardy because he obtained his legal status through his mothers immigration journey.

Edited January 20, 2013 by LIFE'SJOURNEY

[Love's JAA 100]

If your mom married here in the US while still legally married to your father, her current marriage would be ruled null and void. You cannot fix it by getting an annulment/divorce after you married someone else. Therefore I am assuming, any immigration benefits she received as a result of that second marriage would also be void. If she then petitioned for you to receive immigration benefits, those would then be most likely null and void as well. It's like toppling dominoes. It seems to me, that it would be best to not stir the pot at this point. Especially it being your father, since that can lead directly back to your mom (and then to you) and have the whole thing questioned all over again. But as someone said, best to consult a very good immigration attorney, and explain everything.

[aaron2020 11,651]

File for dad. Must provide proof of his marital status which exposes mom as a bigamist. Bigamy is a crime in both the US and the Philippines.

10 years of separation is meaningless. There was a legal way to end your mom's first marriage; a legal annulment. She choose to commit the crime of bigamy, so the immigration consequences will always hang over her head.

Is bringing your dad to the US worth exposing your mother to legal trouble for bigamy and immigration fraud?