Ki Pinay Cenomar problem

[Keith&Alma 3]

Our I129f petition has made it to the HK consulate (where Pinay beneficiary is). She has received the papers and it is time for me, petitioner, to respond with the electronic submission of the Cenomar from the Phil. NSO sent to US HK Consul. I just became aware that she is married. She didn't think that the marriage at the church was recorded about 25 years ago, but it is on the NSO records. The marriage lasted only a couple years and he is remarried. Annulment should not be a problem, except for cost. I do know that annulment may be the only option. But I don't know the length of time I have to reply to the HK consulate, I don't know if I can be granted an ext., I don't know my options.

[EndlessStory 53]

Our I129f petition has made it to the HK consulate (where Pinay beneficiary is). She has received the papers and it is time for me, petitioner, to respond with the electronic submission of the Cenomar from the Phil. NSO sent to US HK Consul. I just became aware that she is married. She didn't think that the marriage at the church was recorded about 25 years ago, but it is on the NSO records. The marriage lasted only a couple years and he is remarried. Annulment should not be a problem, except for cost. I do know that annulment may be the only option. But I don't know the length of time I have to reply to the HK consulate, I don't know if I can be granted an ext., I don't know my options.

I might be wrong about this.

BOTH of you need to be free to marry DURING the I-129F filling.

According to the line highlighted in red, she is still married as of now? Sorry, I may be confused by your wording.

[malenliam 18]

Annulment in the philippines will take11 months to process, 150k php

[Caryh 5,206]

I might be wrong about this.

BOTH of you need to be free to marry DURING the I-129F filling.

According to the line highlighted in red, she is still married as of now? Sorry, I may be confused by your wording.

You're correct. Both need to be free to marry at the time the I-129F is filed. The petition is dead, ask that the petition be withdrawn.

She's going to need to get an annulment in the Philippines or a divorce in her current country. The divorce option leaves some potentially serious complications if she ever returns to the Philippines.

[Keith&Alma 3]

yes, correct responses, the I129f form states it is to be used by people free to marry. She hid that from me, thinking that it was maybe not recorded. Now that we know that, we have lost 7 months, over $400 and lessened my chances of approval for another 129f. Yes, she was married about 25 years ago, marriage union ended in separation, nothing was done about the legality of it, she is still married, her husband is a bigamist.

[Caryh 5,206]

yes, correct responses, the I129f form states it is to be used by people free to marry. She hid that from me, thinking that it was maybe not recorded. Now that we know that, we have lost 7 months, over $400 and lessened my chances of approval for another 129f. Yes, she was married about 25 years ago, marriage union ended in separation, nothing was done about the legality of it, she is still married, her husband is a bigamist.

Its very typical for couples to separate then remarry without getting an annulment in the Philippines. Nothing is generally done about it, read that as in charges of bigamy. Often those marriages are ceremony only, with no marriage certificate. The government doesn't bring charges of bigamy, the aggrieved party does, and they have to pay to prosecute the crime. Therefore is often is only brought up when there's money to made, like when one of them marries foreigner. This is the problem if she marries you after a divorce in her current country and then you two decide to go to the Philippines.

As to lessening your chances, I kind of doubt it. But you will need to request an IMBRA waiver because it would be a second I-129F within two years, if the annulment is processed that fast.

[clairegie 265]

I think your best bet is withdrawing your petition before she gets caught giving incorrect information on the papers she signed and sent during the filing stage. Have her marriage annulled first and start over so you wont hurt your chances of getting her to the States because she lied. I don't think HK will give an extension so you can process the annulment first, since she's supposed to be free to marry before you filed.

Edited November 6, 2013 by iammrsregi

[Lady Petunia 1]

I am in the process of annulment and hopefully receive the finality this month so my fiance could start filing I-129F this coming January. It took us 8 months for the annulment process. Bigamous marriage is easier and faster due to the fact that it is null and void from the very beginning. She can file the annulment while she is HERE in HK. Just need to attend the court hearing once. GOOD LUCK!

[C-ma'am 684]

**Post moved from K1 to Philippines

[Greenbaum 12,259]

Depending what court you use it can take sometimes 6 months to 2 years to finality. I have heard that the cost can range from $1,500 to $5,000 USD. The going rate is about $2,500 USD most often. I agree with others that you need to get the application withdrawn and work through the annulment. If you love her, there WILL BE a day you are finally united as one in marriage, legally. Have patience with her, as she is scared and probably it was an honest mistake on her part. She needs your understanding.

Good luck.

[n and m 10]

I am in the process of annulment and hopefully receive the finality this month so my fiance could start filing I-129F this coming January. It took us 8 months for the annulment process. Bigamous marriage is easier and faster due to the fact that it is null and void from the very beginning. She can file the annulment while she is HERE in HK. Just need to attend the court hearing once. GOOD LUCK!

She can only file the annulment in the place where the marriage was celebrated...The family code of the Philippines specifically provides for that...

[Lady Petunia 1]

She can only file the annulment in the place where the marriage was celebrated...The family code of the Philippines specifically provides for that...

Yes! That's right. I am currently working here in Hong Kong but I filed my annulment in the Philippines.

[n and m 10]

Its very typical for couples to separate then remarry without getting an annulment in the Philippines. Nothing is generally done about it, read that as in charges of bigamy. Often those marriages are ceremony only, with no marriage certificate. The government doesn't bring charges of bigamy, the aggrieved party does, and they have to pay to prosecute the crime. Therefore is often is only brought up when there's money to made, like when one of them marries foreigner. This is the problem if she marries you after a divorce in her current country and then you two decide to go to the Philippines.

As to lessening your chances, I kind of doubt it. But you will need to request an IMBRA waiver because it would be a second I-129F within two years, if the annulment is processed that fast.

Maybe before, they could just remarry without getting an annulment but as far as I know, nobody can do that anymore as the parties are now required to submit CENOMAR..Also whether you will get marry in church or in the court you will always get Marriage Certificate..

[n and m 10]

Our I129f petition has made it to the HK consulate (where Pinay beneficiary is). She has received the papers and it is time for me, petitioner, to respond with the electronic submission of the Cenomar from the Phil. NSO sent to US HK Consul. I just became aware that she is married. She didn't think that the marriage at the church was recorded about 25 years ago, but it is on the NSO records. The marriage lasted only a couple years and he is remarried. Annulment should not be a problem, except for cost. I do know that annulment may be the only option. But I don't know the length of time I have to reply to the HK consulate, I don't know if I can be granted an ext., I don't know my options.

Of course, churches submitted copies of the marriage certificate to the Civil Registrar's Office since time immemorial, that's where all official records go. Only records/copies coming from the Civil Registrar's Office, with its official zeal, are accepted in schools, getting passport and any travel docs, etc before NSO came into existence..

Annulment is a lengthy process in the Philippines, it entails a lot of money...

Edited November 7, 2013 by n and m

[A and T 82]

If she never told you this and wasted a lot of your time and money i would have 2nd thoughts about continuing the process. She could have very easily checked with the NSO if she was married or not , costs only about 300php

Edited November 7, 2013 by A and T