newbie help spousal or k1?

[dharone 0]

hi i need help and have a lot of questions before i file. my divorce was finalized last year sept 2013 and weve been separated since 2011(my ex is married now and we both moved on weve been married for 8years just didnt work out for us) when i went to the philippines i got married april 2013 before the divorce was finalized (please dont judge i know that was wrong) thought the divorce will be final before then so i seek for an advice to an atty and said file an annulment coz the marriage in the philippines is void so i did it. now that i have it annulled and just waiting for the papers, can i still re married him? are we gonna have a problem when we file? we dont know which one is the right one for us spousal or fiance? will appreciate any help and thank you in advance. god bless and more power

[KayDeeCee 4,893]

~ Moved from IR-1/CR-1 Process to What Visa Do I Need - OP still deciding on immigration path~

[Ian H. 207]

As to it being a problem, I can't say. They always want to look at situations like these as fishy. You did the right thing by getting the marriage annulled because it wasn't valid. If you would have left it like that, it would have most certainly been an issue.

It shouldn't affect you as long you have solid proof of your relationship. You need to wait for the annulment papers before you do anything concrete. Remember that this is what you did wrong last time, you married before your divorce was final.

Legally, an annulment means the marriage never existed. Therefore, you are not legally married and would be able to do the K1 visa. However, since you were married already, it may be better to get married again and do the spouse petition. You will have to be honest about the first marriage and submit the annulment papers and be ready to explain the situation to the CO.

Again, do not get married or submit any paperwork until you have the annulment papers.

[dharone 0]

thank you so much for your response i made a mistake thats why i corrected it. im not planning on doing of anything yet until i get all those legal documents. i just dont know which one or better for us to file when the time comes? im afraid too that we will get denied coz of the mistake i made. what kind of solid proof of relationship do we need? so its possible for us to get married again and file for spousal visa?

Edited September 14, 2014 by dharone

[Ian H. 207]

Well you were already married once, so it would be best to do the IR1, when you remarry. Submitting the K1 petition, while technically possible since the marriage was annulled, implies that you went from spouse to fiance.

I'm not saying you can't do the K1, I just personally think it's better to pursue the CR1/IR1 route. I haven't encountered a situation like this before so I wouldn't know if you would have any issues by submitting the K1.

You shouldn't get denied solely because of this. This is why you have to have solid proofs of your relationship. This was a mistake and you just have to be ready to explain that to the CO.

My cousin and his wife for example, had an on again/off again relationship and during one of their off again periods, he got some woman pregnant. The CO obviously brought this up as an issue because he disclosed his child in the application even though she didn't have his last name, but they were ready to answer any questions and make the situation clear. They got approved without issue. My cousin has been living here for over a year and they haven't done ROC yet.

My point here is that one has to be prepared as to the situation. Plenty of people get nervous, which is understandable, but you have to stay firm and answers all questions confidently and truthfully. If you hesitate or say something different from your spouse (in case of separate interviews) this is where the issues usually arise.

In my cousin's case, they didn't have things like joint accounts, they had moneygram receipts for money she sent him, receipts for boxes she sent with food and stuff, photos, visa stamps and airline tickets for her visits there, and I think one receipt for their honeymoon resort.

I'm not sure how they got approved with so little evidence, but it goes to show that the CO cared more about their story rather than looking at the docs. My other cousin's husband got approved for a 10 year GC because they had 3 and half years married and submitted similar proof. Their interview was much easier because they didn't have any issues like my other cousin.

I'm in no way saying that this is the case for everyone, however. Therefore, if you can submit proofs such as the ones I mentioned in addition to things like a joint bank account, list each other as beneficiaries in insurance policies, affidavits from family and friends, etc you can build a solid case. At the end of the day you just want to be well prepared and confident.

Edited September 14, 2014 by Ian H.

[Ian H. 207]

Also, I would just like to mention that people often times go by themselves to the interview, however in your case I strongly suggest you both go to the interview. I'm not sure if your spouse was planning on going alone or if the embassy doesn't require the spouse.

Here in the DR for example, it's not required that both go, but they strongly recommend it. I wasn't able to attend the interview for the K1 for my spouse and we were denied, it's possible we may have been approved had I attended. I obviously made sure I could attend the spouse visa interview and we were approved without issue.

Again, I don't know if you were already planning on going, but if you weren't, please note that going will help much more because you will both be there to answer any questions the CO may have about your relationship.

[dharone 0]

thanks again for your response it really helps. they suggest that take the spousal route since were planning to get married again since were going to have a baby soon is that enough proof of solid relationship. im not sure if they allowed the spouse to come to the interview in the philippines but i would definetely come and face the co for the mistake that i did which i corrected. im just wondering that they might denied us coz of this mistake which i hope not. for other proofs yeah we had some of it. one more thing if i go fo the spousal visa ind affidavivt of support and they will need the tax thingy so my 2011 2012 it will be stil wit my ex spoUSE coz we file jointly and 2013 is where i filed single. can i use that 2011 and 2012 or not coz i was still married then? but they require 3 years od tax right? sorry if i had a lotof questions i just wanna clear things out before i go file

[Ian H. 207]

You should find out if you are able to attend the interview, it really helps when the spouse is there for support. It's a sign of a real relationship and you can clarify any questions the CO has about your relationship. The fact that you are having a child together is also a sign of a real relationship.

As for the tax returns, the fact that you filed jointly with your ex won't be an issue because you were married. The important return here would be the 2013 since it's the most recent. You should still submit all 3. Although I should mention, 2014 is almost over and you haven't filed the I-130 yet, so by the time it's approved and you start the NVC process you would have already done your 2014 taxes. Therefore the most recent would 2014, 2013 and 2012.

I can't tell you if you will get denied or not since you have to convince the CO of your relationship. The best you can do is be well prepared. We were denied once for a K visa and we were ready to file and refile again as necessary until we were approved. Fortunately, for us were only denied once and were approved for the CR1 and hopefully you will not have to go through the same stressful situation as we have and many others on here have as well.

As for filing, I'm not sure when you plan on doing so, but I would like to reiterate that you should wait for the annulment papers before you marry. Also, I would include a letter when filing the I-130 explaining the reason for the annulment to avoid a possible RFE. Remember that you have to include a copy of the annulment papers in addition to your divorce papers and marriage certificate.

[dharone 0]

i am planning to go with him on the interview if the embassy permits coz i wanna support him plus explain to the co. so i can include the 2012 tax return even if it was filed jointly with my ex? everything is getting clear now thanks for your help it saves us money too if we seek a lawyer regarding this. im plannin to file this as soon as eveything is good like all the legal papers that i need before i start filing it. and if were gonna go to spousal visa i have to go back to philippines and marry him then i can begin the process and hopefully everything goes smoothly and wont get denied with the process.again thank you so mich for your help and im pretty sure i will be back again here and ask question when we begin our journey for the I130.

[Ian H. 207]

Yes you can include the tax return even if you filed with your ex. It's just to prove you filed taxes anyway, the important taxes will be the current one because that's usually the one with your current job or income. And yes, as soon as you have the annulment papers you can go get married and when you have the new marriage certificate you can file the I-130 right way. If you have any questions when you get to that part of the process you can always ask, we're here to help. Good luck.

[NikLR 13,227]

Just to note, if you need a joint sponsor, then a marriage visa is the route you want to take for the Manila embassy. They rarely allow co-sponsors for K1.

[dharone 0]

thanks for all your help i really appreciate it. god bless ;-)

[raven52 233]

I know plenty about annulments in the Philippines, it is a 3-5 year process, and very expensive!

When did you file your annulment?

What makes you think your annulment has been approved?

Who told you your annulment is nearly finished.,.,.,,I was told that.,.,.,.,.,.""""it was another year""""!

What province are you filing in?

My guess, is and it is a guess, YOU are NOT close to an annulment! Whish I could be more positive, but.,.,.,.,..""I have personallt experienced this".,.,.,.,.,.,I am loooking forward to your answer!

Annulments in the Philippines, is like winning the Philippine Lottery, it is about 1%.,.,.,and when my attorney told me we were almost finished, .,.,it was ""another year!"" I really wish I couldd be more positive.,.,.but IT just does not happen!

[dharone 0]

Sorry to hear that but you don't have to be rude with anything here I ask questions here nicely and you have to be respectful. You don't know my case and all that so before you start talking negative find out first. I know it takes a while to get an anullment there in the Philippines but I didn't file over there. I seek advice to the lawyer here in the states so that's what I did. If you read my post correctly I am trying to correct the mistakes that I made and thats what I did. So don't jump into conclusion because the system there is different from here. Good luck on your case and hopefully everything turns out well.

Edited September 15, 2014 by dharone