Husband got convicted after 6mons approval for AOS

[gemini18 4]

Hey guys thank you very much for your responses...

Yes shes a filipina... She cant remarry if she is the will goin to file the divorce?

And by the way they dont have any child together yet... Shes really in tough position as she has hhee daughter with her...

And also she reallly doesnt want to divorce him when i asked her and told the consequences if she will file for a jointly...

But also doesnt want to be deported there after her green card expires.

She said she will do what is seems favorable in her case...

Her husband was really kind hearted person and i feel bad coz she said he was innocent its just fighting with his case is a nightmare as her husband said he plead guilty just to shortened charges... It was 5years he was dealing with that case and he come to an end that he just have to face it so he can start a life together with her... Unfunately, he will be there for 3years... That suck really. So i do not know how their relationship will work out when he is in jail...

She cant just always visit him there everyday as she has to work eventually for her daughter...

Her only question is the fact that her husband still in jail by the time shes goin to apply for remove conditional resident and its risky... Shes afraid she will be denied and will get deported...

Guys help...

I dunno what to tell her...

[Rebecca Jo 1,962]

Note though, if she is filipina and she initiates the divorce she cannot remarry under Philippine law.

That BS doesn't fly in the US.

[MAXX1 8]

Note though, if she is filipina and she initiates the divorce she cannot remarry under Philippine law.

Is this guy serving time in California or is he a Federal case. There could be a good chance that he doesn't have to serve the full 3 years. Parole, good behavior, ect

[gemini18 4]

Yes Federal Case... false allegation...

They still have 1 1/2 year and maybe can come up with a good solution..,

But it is really hard situation for her and her child...

[DC85 113]

if she wanna stay with him, then when the time come she can file jointly and take the form to prison in order for him to sign it. and let her write a letter and explain the situation . she shouldn't have any problem, and she won't get deported. even if they called her for interview, if he is in prison and can't attend, then she won't have any problem with IO because she can proof that her husband is in prison. So, tell her to keep all evidence of the bona fide marriage and don't worry 2 much about the ROC

[dvc 11]

Yes shes a filipina... She cant remarry if she is the will goin to file the divorce?

She can remarry in the US, but if she goes back to RP on a visit with the second husband she needs to not represent him as her husband in any legal capacity while there.

If her foreign husband initiates the divorce she is able to remarry under RP law as well as long as the divorce decree is judicially recognized in RP.

Edited July 31, 2014 by dvc

[gemini18 4]

Thanks for your respond....

She mentioned to me that she have not registered their marriage at the Philippine Embassy in the USA..: that means in the PHILIPPINES she is still single then as she did not report their marriage im PE?

[Caryh 5,206]

Hey guys thank you very much for your responses...

Yes shes a filipina... She cant remarry if she is the will goin to file the divorce?

And by the way they dont have any child together yet... Shes really in tough position as she has hhee daughter with her...

And also she reallly doesnt want to divorce him when i asked her and told the consequences if she will file for a jointly...

But also doesnt want to be deported there after her green card expires.

She said she will do what is seems favorable in her case...

Her husband was really kind hearted person and i feel bad coz she said he was innocent its just fighting with his case is a nightmare as her husband said he plead guilty just to shortened charges... It was 5years he was dealing with that case and he come to an end that he just have to face it so he can start a life together with her... Unfunately, he will be there for 3years... That suck really. So i do not know how their relationship will work out when he is in jail...

She cant just always visit him there everyday as she has to work eventually for her daughter...

Her only question is the fact that her husband still in jail by the time shes goin to apply for remove conditional resident and its risky... Shes afraid she will be denied and will get deported...

Guys help...

I dunno what to tell her...

She can remarry anywhere but possibly not in the Philippines under certain conditions. First her and her husband would need to report the marriage abroad to the consulate responsible for the place where the marriage took place. That is what makes her officially married in the Philippines. Once she is officially recognized as married in the Philippines, she cannot get a divorce recognized that is filed by a Filipino citizen. As long as it is filed by the non-Filipino, the divorce can be recognized. There's a process to go through which will end with her CEMAR getting annotated back to single.

Just so you know, just about everyone in prison thinks they're not guilty as it wasn't really a crime or it was someone else's fault. They even continue to say this after they get out and get sent back for doing essentially the same thing again. Even Bernie Madoff still claims he's innocent. Google that name if you don't know who he is.

This is personal opinion now, a husband that is good to his new immigrant wife isn't committing wire fraud, risking getting thrown in prison, and leaving her with no means of support.

You should pass along the advice given by SandraJ. She is an immigration attorney. If she says there's no issue removing conditions either divorced or married with a husband in prison, then there will be no issue. She will need her husband's signature if she stays married, so as long as she gets that, she should be good.

[gemini18 4]

Trhank you caryh for you respond that helps alot ... Im goin to tell her....

I wonder whats gonna happen to her since she did not report her marriage at the philippine embassy in the US...

If she can file as jointly then she doesn't have to tell the IO that her husband is in prison unless she will be called for an interview and she may need a letter explaining her husband is in prison...

and also what if her husband will file a divorce.. Is that possible since his in prison?

What do you think guys?

[Caryh 5,206]

Trhank you caryh for you respond that helps alot ... Im goin to tell her....

I wonder whats gonna happen to her since she did not report her marriage at the philippine embassy in the US...

If she can file as jointly then she doesn't have to tell the IO that her husband is in prison unless she will be called for an interview and she may need a letter explaining her husband is in prison...

and also what if her husband will file a divorce.. Is that possible since his in prison?

What do you think guys?

Nothing really happens if you don't report it. Although she wouldn't be able to update her passport to her married name. If she files it later than one year after marriage, then they'll give her some grief and extra hoops to jump through. He husband would not be allowed to claim benefits as the spouse of a Philippines citizen, but those are pretty limited any way. It is the law that you're supposed to report the marriage, but plenty of people don't and nothing is ever done about it.

I think it would be pretty obvious in the evidence that she's not living with her husband, and would need to write a letter explaining he's in prison. This is if she chooses to stay married.

And yes he could file for divorce from prison.

[gemini18 4]

What if her husband file a divorce and it would look bad on her part?

Im thinking the IO might ask her documents from her husband being in jail ...

And lastly does the letter to be attached with her evidence should be notarized?

Thank you for sharing your opinion and for your time responding my concern caryh

[Caryh 5,206]

What if her husband file a divorce and it would look bad on her part?

Im thinking the IO might ask her documents from her husband being in jail ...

And lastly does the letter to be attached with her evidence should be notarized?

Thank you for sharing your opinion and for your time responding my concern caryh

No, it would not look bad. Many marriages fall apart, particularly when one of them goes to prison. BTW usually people in prison want to maintain and outside person who can do things and get things for them. I think it would be rare for someone in prison to file for divorce.

She probably does want to include the proof her husband has been put in prison. Criminal court decisions are a matter of public record and she should be able to get a copy of the judgement.

No need to notarize an explanation letter.

[gemini18 4]

You mentioned lately that Sandraj is an immigration lawyer..

Where is she from?

Just curious ?

I have a question but its not about hers anymore...

Im under k-1 petition and i wonder when we get married if theres any problem filing my AOS if i will choose to retained my surname and not gonna use my fiancé (soon to be my husband) surname...

Is it okay?

Thank you again

[Caryh 5,206]

You mentioned lately that Sandraj is an immigration lawyer..

Where is she from?

Just curious ?

I have a question but its not about hers anymore...

Im under k-1 petition and i wonder when we get married if theres any problem filing my AOS if i will choose to retained my surname and not gonna use my fiancé (soon to be my husband) surname...

Is it okay?

Thank you again

I'm not sure where she is from. She gives a lot of help in this group though.

There is no problem keeping your current name when you adjust status after getting married. Many end up doing that by accident when they meant to take their husband's name. And the Philippine government also allows keeping what we call the maiden name in the USA. There is sometimes confusion when a couple marries and they don't share the same last name, but people get over it quick usually as its gotten more common.

[gemini18 4]

Thank You very much for the help with regards her case...

Can i ask something? When you applied before for AOS before since you applied in CSC ... Did you go to interview or no?