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j N j

HELP, Annulment & the USCIS

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Filed: K-1 Visa Country: Philippines
Timeline

I provided with the I-129F form a copy of my fiances annulment papers. To both of our surprise, it came to our attention that the paperwork was not filed in the countries court system, BUT was at the local level. My question is: at what point in this process do those papers get checked for being available to marry? The USCIS, before the Embassy interview? I thought I had this question posted one other time, but couldn't find it. Again, the annulment is legit and we've hired a local lawyer to follow through with getting the paperwork filed (correctly). We know its a long enough process to begin with and this clusterf*** doesnt help matters any. Our worries are that we get a RFE for this at the USCIS level, or it works itself out with time before it gets to the embassy stage.

 

Any help would be greatly appreciated.

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You have to be legally free to marry at the time of filing (even though the paperwork for the fiance is not required until embassy interview).

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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Exactly. The annulment needs to be complete before you can submit your I-129F.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Philippines
Timeline
2 hours ago, Suss&Camm said:

You have to be legally free to marry at the time of filing (even though the paperwork for the fiance is not required until embassy interview).

 

2 hours ago, geowrian said:

Exactly. The annulment needs to be complete before you can submit your I-129F.

Thanks for replies, to me, sounds like I need to wait it out. The long processing times buys me time until the interview..

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Filed: Timeline

You should ask to move this to the PI subforum.

 

The issue people are bringing up is "was the marriage annulled when you filed?" Not when you interview, but way back when you filed the 129f. Its unclear because you stated it was legal at the local level but not registered with the country. Does that make it not legal until the country recognizes it? I dont know.Some one in the PI forums probably knows the answer to this.

 

Also at some point the fiance has to get that NSO thing for the Philippines. That would be where they verify (cenomar) and again I dont know if that would come back clear, or show you filed the 129f before she was free to marry making this petition void and unapprovable. 

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Filed: K-1 Visa Country: Philippines
Timeline
4 hours ago, Damara said:

You should ask to move this to the PI subforum.

 

The issue people are bringing up is "was the marriage annulled when you filed?" Not when you interview, but way back when you filed the 129f. Its unclear because you stated it was legal at the local level but not registered with the country. Does that make it not legal until the country recognizes it? I dont know.Some one in the PI forums probably knows the answer to this.

 

Also at some point the fiance has to get that NSO thing for the Philippines. That would be where they verify (cenomar) and again I dont know if that would come back clear, or show you filed the 129f before she was free to marry making this petition void and unapprovable. 

I havent posted it there, but its a good idea. Yea, there are some unknowns here, Im just just fishing for some answers. WHo or how would I go about having this thread moved?

 

Thanks.

Edited by j N j

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Filed: Other Country: Philippines
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10 hours ago, j N j said:

I provided with the I-129F form a copy of my fiances annulment papers. To both of our surprise, it came to our attention that the paperwork was not filed in the countries court system, BUT was at the local level. My question is: at what point in this process do those papers get checked for being available to marry? The USCIS, before the Embassy interview? I thought I had this question posted one other time, but couldn't find it. Again, the annulment is legit and we've hired a local lawyer to follow through with getting the paperwork filed (correctly). We know its a long enough process to begin with and this clusterf*** doesnt help matters any. Our worries are that we get a RFE for this at the USCIS level, or it works itself out with time before it gets to the embassy stage.

 

Any help would be greatly appreciated.

You MUST BE FREE TO MARRY AT THE TIME OF FILING the I-129F.  USCIS may not catch this, but USEM will and they will kick your petition back to USCIS...  it will be a DO OVER .  

 

You must have the court documents of finality, and after that you need the PSA copies .. THEN you are free to marry.

Hank

"Chance Favors The Prepared Mind"

 

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“LET’S GO BRANDON!”

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17 minutes ago, Hank_ said:

You MUST BE FREE TO MARRY AT THE TIME OF FILING the I-129F.  USCIS may not catch this, but USEM will and they will kick your petition back to USCIS...  it will be a DO OVER .  

 

You must have the court documents of finality, and after that you need the PSA copies .. THEN you are free to marry.

Where is the link to your guides on what to do after getting the MNL Hank? I am trying to help someone. Sorry I had to move to laptop to find it.

 

I got it na thanks. 

Edited by cyberfx1024
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Filed: K-1 Visa Country: Philippines
Timeline
8 hours ago, Hank_ said:

You MUST BE FREE TO MARRY AT THE TIME OF FILING the I-129F.  USCIS may not catch this, but USEM will and they will kick your petition back to USCIS...  it will be a DO OVER .  

 

You must have the court documents of finality, and after that you need the PSA copies .. THEN you are free to marry.

Do over? as in starting all over again in addition to the application filing fees? :unsure:

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Filed: Other Country: Philippines
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7 minutes ago, j N j said:

Do over? as in starting all over again in addition to the application filing fees? :unsure:

Pretty much so.  They must be free to marry at the time of filing the I-129F petition, which they are not.. annulment is not completed.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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Filed: K-1 Visa Country: Philippines
Timeline
7 minutes ago, Hank_ said:

Pretty much so.  They must be free to marry at the time of filing the I-129F petition, which they are not.. annulment is not completed.

Thanks Hank..

 

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Filed: K-1 Visa Country: Philippines
Timeline
On 9/13/2017 at 11:57 PM, Hank_ said:

You MUST BE FREE TO MARRY AT THE TIME OF FILING the I-129F.  USCIS may not catch this, but USEM will and they will kick your petition back to USCIS...  it will be a DO OVER .  

 

You must have the court documents of finality, and after that you need the PSA copies .. THEN you are free to marry.

Lots of things going through my head right now, and just trying to figure out my options, if there are any. "What If" the USCIS catches this? I understand that if the USEM does, it will kick it back. Will the USCIS send a RFE? At this point, is there any way of salvaging the case? Last ive heard, my fiances lawyer has had this case pushed up to #2 in the queue to be processed and was to take approx. 3 months. Those 3 months were to be in August or September.. Is all this a moot point considering all the information mentioned?

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Filed: Other Country: Philippines
Timeline

If USCIS catches that the annulment is not complete they will not approve the petition.  Two main requirements for filing the I-129F are; 1) You are BOTH free to marry at the time of filing the petition.  2) You have met in  person within the past two years.   You can't say YES to both of those you should not be filing the I-129F.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

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