please help..still married but filed K1

[windspiel 0]

I need some input

we filed the K1 to prepare our selves for interview to make sure we have all things covered we did a marriage back ground check ...and guess what

make a long story short ..my girlfriend got married in 1994 to a man in Manila with in months she found out that he was married and he took off and left her she return home and she did more investigation and was informed that it was a fraud marriage so it wasn't valid and she wasn't married so she resorted to use her family name

so she explained to me that she wasn't married because he already was so life goes on till she meet me

so just to cover all bases we did a back ground check in Philippines of that marriage it came up that she was still even though it was fraud

we already filed for K1 and noted that she was single can we she continue to file while annulment is just about done

and explain the during interview what we come across with this problem and the annulment is done buy then and show paper work that it is complete ..truth we didn't really know it would show up

[Dan J 277]

If it is considered a legal marriage and she is not considered legally able to marry, you will need to resolve this as soon as possible. Depending how long it takes, you may have to restart the K-1 process once its resolved. You need to find legal counsel in the Philippines that can resolve this matter for you. The help here, is mostly going to be limited to emotional support.

[JoeMama 0]

What a situation to end up in. It's too bad that the both of you didn't have proof of the annulment before you filed. What date did you list on the I-129F as when she was divorced? If she gets the annulment, the dates won't correspond with what was put on the I-129F. Maybe they won't see it. Maybe they will. Best of luck to you and keep your fingers crossed!

[DA BOMB 1]

What a situation to end up in. It's too bad that the both of you didn't have proof of the annulment before you filed. What date did you list on the I-129F as when she was divorced? If she gets the annulment, the dates won't correspond with what was put on the I-129F. Maybe they won't see it. Maybe they will. Best of luck to you and keep your fingers crossed!

They listed her as single...not divorced as she was informed the marriage was never valid. This is a tough one. Sounds like they migt have to refile..or...send in the annulment after its final? I dont know if you'll get an RFE because the USCIS finds this out or not.

[wissooner 0]

I dont know if you'll get an RFE because the USCIS finds this out or not.

How could they find out? But the embassy in Manila might. I would hate to have my visa denied at this stage. I would refile after the annulment. And I would think about talking to a lawyer as well...

[windspiel 0]

What a situation to end up in. It's too bad that the both of you didn't have proof of the annulment before you filed. What date did you list on the I-129F as when she was divorced? If she gets the annulment, the dates won't correspond with what was put on the I-129F. Maybe they won't see it. Maybe they will. Best of luck to you and keep your fingers crossed!

They listed her as single...not divorced as she was informed the marriage was never valid. This is a tough one. Sounds like they migt have to refile..or...send in the annulment after its final? I dont know if you'll get an RFE because the USCIS finds this out or not.

it shows single with her family name but had child with is last name { not coming with her since he is in collage }

but his birth last name is different and birth shows married ...will they look at his birth ?????

what we figure is all paperwork shows valid to marry we still are finishing up in a month for the annulment since it is begums

should we be honest during interview and say we really didn't know till now and show annulment is complete

buy the way she live in HONG KONG and interview will be there but she from Philippines

Edited March 23, 2007 by windspiel

[wissooner 0]

Hong Kong or Manila, either way she was supposed to be legally able to marry when you filed your I-129f and she wasn't. Fraud or not. I am thinking this can be a reason for the embassy to deny a visa. I know I wouldn't take the chance. I think I would talk to a Lawyer...

[TracyTN 237]

You have to be legally able to marry WHEN YOU FILE the I 129f. You need to withdraw this petition and then file again when the annulment has gone through.

[pushbrk 13,102]

You have to be legally able to marry WHEN YOU FILE the I 129f. You need to withdraw this petition and then file again when the annulment has gone through.

I see two options. The one above, which is the safest and correct. If you chose that option, you want to withdraw your current petition, preferrably before USCIS approves it. (Where's your timeline?)

Option two is to pursue the annulment but keep your mouth shut about any former marriage unless it is mentioned at the interview. At that point, explain and show documents and hope for the best. If it isn't mentioned you lose no time. The risk with option two is that you start over at square one. The value judgment is yours. You made an honest innocent mistake. You haven't broken any laws. Just make sure you don't compound the problem by getting married before the annulment is completed.

I'm not making a recommendation. It's your call.

[BobGie 0]

Just a piece of thought...

I have an annulment, it was final for almost a year after filing. Others get it for over a year depends on how lawyer handle the case and the court of course.

My fiancee didnt file the K1 not until we have the final annulment decrees becoz it will be one of the requirement in the filing of K1.

Since your fiance is from the Philippines, you are supposed to get and include a CENOMAR or certificate of no Marriage from NSO in the filing of K1. Or did they(the USCIS) asked it from you?

[DA BOMB 1]

I dont know if you'll get an RFE because the USCIS finds this out or not.

How could they find out? But the embassy in Manila might. I would hate to have my visa denied at this stage. I would refile after the annulment. And I would think about talking to a lawyer as well...

I dont know. Im not an adjudicator. At some stage in the visa process dont you think they check to see if either petitioner or beneficiary is married?

What a situation to end up in. It's too bad that the both of you didn't have proof of the annulment before you filed. What date did you list on the I-129F as when she was divorced? If she gets the annulment, the dates won't correspond with what was put on the I-129F. Maybe they won't see it. Maybe they will. Best of luck to you and keep your fingers crossed!

They listed her as single...not divorced as she was informed the marriage was never valid. This is a tough one. Sounds like they migt have to refile..or...send in the annulment after its final? I dont know if you'll get an RFE because the USCIS finds this out or not.

it shows single with her family name but had child with is last name { not coming with her since he is in collage }

but his birth last name is different and birth shows married ...will they look at his birth ?????

what we figure is all paperwork shows valid to marry we still are finishing up in a month for the annulment since it is begums

should we be honest during interview and say we really didn't know till now and show annulment is complete

buy the way she live in HONG KONG and interview will be there but she from Philippines

I thought philippines had to show certificate of not married.

Edited March 23, 2007 by MRS BILLY BONG

[DA BOMB 1]

You have to be legally able to marry WHEN YOU FILE the I 129f. You need to withdraw this petition and then file again when the annulment has gone through.

I see two options. The one above, which is the safest and correct. If you chose that option, you want to withdraw your current petition, preferrably before USCIS approves it. (Where's your timeline?)

Option two is to pursue the annulment but keep your mouth shut about any former marriage unless it is mentioned at the interview. At that point, explain and show documents and hope for the best. If it isn't mentioned you lose no time. The risk with option two is that you start over at square one. The value judgment is yours. You made an honest innocent mistake. You haven't broken any laws. Just make sure you don't compound the problem by getting married before the annulment is completed.

I'm not making a recommendation. It's your call.

[dj1206 0]

You have to be legally able to marry WHEN YOU FILE the I 129f. You need to withdraw this petition and then file again when the annulment has gone through.

I see two options. The one above, which is the safest and correct. If you chose that option, you want to withdraw your current petition, preferrably before USCIS approves it. (Where's your timeline?)

Option two is to pursue the annulment but keep your mouth shut about any former marriage unless it is mentioned at the interview. At that point, explain and show documents and hope for the best. If it isn't mentioned you lose no time. The risk with option two is that you start over at square one. The value judgment is yours. You made an honest innocent mistake. You haven't broken any laws. Just make sure you don't compound the problem by getting married before the annulment is completed.

I'm not making a recommendation. It's your call.

The Philippine embassy requires a CENOMAR certificate, which is basically a search through records of recorded marriages in the Philippines since 1949 or so, I think, and this is usually obtained by the embassy through the Philippine NSO, though the fiancée can also obtain a copy for herself. Jacki got one before we filed because we wanted to get everything we could, because we didn't know at first how much stuff we would have to send. I've got an original copy and she has two copies, I think. She's been doing a lot of reading on here, and she found that the embassy usually obtains the CENOMAR during their process. Regarding your paperwork, if you knew she was married before you submitted paperwork and didn't mention it on your I-129F or the G-325A forms, and you don't cancel your petition request upon finding out she was married before and is not legally able to marry (despite the situation you mentioned about her still being married to someone else before you), and the US Govt. is informed by the embassy that she was indeed married before, you could potentially be hit with a perjury charge and/or fines for "lying" on an official government form. I'd play it safe and re-file after her previous marriage is annuled and in the NSO records as being terminated.

[pushbrk 13,102]

I dont know if you'll get an RFE because the USCIS finds this out or not.

How could they find out? But the embassy in Manila might. I would hate to have my visa denied at this stage. I would refile after the annulment. And I would think about talking to a lawyer as well...

I dont know. Im not an adjudicator. At some stage in the visa process dont you think they check to see if either petitioner or beneficiary is married?

What a situation to end up in. It's too bad that the both of you didn't have proof of the annulment before you filed. What date did you list on the I-129F as when she was divorced? If she gets the annulment, the dates won't correspond with what was put on the I-129F. Maybe they won't see it. Maybe they will. Best of luck to you and keep your fingers crossed!

They listed her as single...not divorced as she was informed the marriage was never valid. This is a tough one. Sounds like they migt have to refile..or...send in the annulment after its final? I dont know if you'll get an RFE because the USCIS finds this out or not.

it shows single with her family name but had child with is last name { not coming with her since he is in collage }

but his birth last name is different and birth shows married ...will they look at his birth ?????

what we figure is all paperwork shows valid to marry we still are finishing up in a month for the annulment since it is begums

should we be honest during interview and say we really didn't know till now and show annulment is complete

buy the way she live in HONG KONG and interview will be there but she from Philippines

I thought philippines had to show certificate of not married.

Probably. This is a Hong Kong interview however. If required, it can be obtained after the annulment is complete.

[DA BOMB 1]

You have to be legally able to marry WHEN YOU FILE the I 129f. You need to withdraw this petition and then file again when the annulment has gone through.

I see two options. The one above, which is the safest and correct. If you chose that option, you want to withdraw your current petition, preferrably before USCIS approves it. (Where's your timeline?)

Option two is to pursue the annulment but keep your mouth shut about any former marriage unless it is mentioned at the interview. At that point, explain and show documents and hope for the best. If it isn't mentioned you lose no time. The risk with option two is that you start over at square one. The value judgment is yours. You made an honest innocent mistake. You haven't broken any laws. Just make sure you don't compound the problem by getting married before the annulment is completed.

I'm not making a recommendation. It's your call.

The Philippine embassy requires a CENOMAR certificate, which is basically a search through records of recorded marriages in the Philippines since 1949 or so, I think, and this is usually obtained by the embassy through the Philippine NSO, though the fiancée can also obtain a copy for herself. Jacki got one before we filed because we wanted to get everything we could, because we didn't know at first how much stuff we would have to send. I've got an original copy and she has two copies, I think. She's been doing a lot of reading on here, and she found that the embassy usually obtains the CENOMAR during their process. Regarding your paperwork, if you knew she was married before you submitted paperwork and didn't mention it on your I-129F or the G-325A forms, and you don't cancel your petition request upon finding out she was married before and is not legally able to marry (despite the situation you mentioned about her still being married to someone else before you), and the US Govt. is informed by the embassy that she was indeed married before, you could potentially be hit with a perjury charge and/or fines for "lying" on an official government form. I'd play it safe and re-file after her previous marriage is annuled and in the NSO records as being terminated.

Spooky situation - but - if a person had an annullment would that be considered as married? divorced?? or what? I agree if it is considered a marriage its best to refile before its approved as then they are dealing with IMBRA to refile. On the other hand...if there was an anullment and the embassy deals with this...wont there be enough time for the embassy to obtain the CENOMAR cert. because she technically was never "married" nor was she "divorced". She would have been single as she put on the petition.