HELP, Annulment & the USCIS

[Suss&Camm 2,213]

3 hours ago, j N j said:

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?

The point is if you are somehow approved at USCIS - you will still not get the visa from the USEM. They will see the dates on whatever original documents that your fiancée will bring (required) to the interview. I don't know what you mean your lawyer got it pushed up to #2. Unless you had reason for an expedite you are processed in order like everyone else.

[Hank_ 9,174]

1 hour ago, Suss&Camm said:

The point is if you are somehow approved at USCIS - you will still not get the visa from the USEM. They will see the dates on whatever original documents that your fiancée will bring (required) to the interview. I don't know what you mean your lawyer got it pushed up to #2. Unless you had reason for an expedite you are processed in order like everyone else.

 

Pushed up to #2 is referring to the court process in the Philippines, not anything to do with USCIS

[Suss&Camm 2,213]

36 minutes ago, Hank_ said:

 

Pushed up to #2 is referring to the court process in the Philippines, not anything to do with USCIS

That makes more sense 

Edited September 16, 2017 by Suss&Camm

[j N j 50]

6 hours ago, Suss&Camm said:

The point is if you are somehow approved at USCIS - you will still not get the visa from the USEM. They will see the dates on whatever original documents that your fiancée will bring (required) to the interview. I don't know what you mean your lawyer got it pushed up to #2. Unless you had reason for an expedite you are processed in order like everyone else.

sorry, should of explained that better, it was expedited at the Philippine court level to get processed faster. Regardless, Am I still beating a dead horse and pull the plug and start over? What other options are there (if any)? At this point Im still searching for answers but, If I pull my current application, will it become a problem to refile with the same beneficiary if I have to start over again?

Edited September 16, 2017 by j N j

[j N j 50]

4 hours ago, Hank_ said:

 

Pushed up to #2 is referring to the court process in the Philippines, not anything to do with USCIS

Exactly.

[Hank_ 9,174]

2 hours ago, j N j said:

sorry, should of explained that better, it was expedited at the Philippine court level to get processed faster. Regardless, Am I still beating a dead horse** and pull the plug and start over? What other options are there (if any)? At this point Im still searching for answers but, If I pull my current application, will it become a problem to refile with the same beneficiary if I have to start over again?

**Short and sweet answer - YES!!         

 

Other options? >>>>>>>   Read the paragraph "WHO MAY FILE FORM I-129F?" , section A and B are very clear.

 

https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf?download=1

 

Will there be a problem filing later?   NOPE.

[j N j 50]

6 hours ago, Hank_ said:

**Short and sweet answer - YES!!         

 

Other options? >>>>>>>   Read the paragraph "WHO MAY FILE FORM I-129F?" , section A and B are very clear.

 

https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf?download=1

 

Will there be a problem filing later?   NOPE.

Thanks for the 1st response, I had a feeling thats where this was headed, We were aware of section A & B, what we BOTH were unaware of was that my fiances annulment wasnt "officially" filed in Manila, somebody there dropped the ball, and it never got done, and failed to mention it, #######? Looks like Im withdrawing our petition, wait more for the annulment to get "officially" filed, and start over again. Not very happen at the moment, but things could be worse.. I take it that the $$ is non refundable also, even though it didnt get far in the process. F***

[Hank_ 9,174]

7 hours ago, j N j said:

Thanks for the 1st response, I had a feeling thats where this was headed, We were aware of section A & B, what we BOTH were unaware of was that my fiances annulment wasnt "officially" filed in Manila, somebody there dropped the ball, and it never got done, and failed to mention it, #######? Looks like Im withdrawing our petition, wait more for the annulment to get "officially" filed, and start over again. Not very happen at the moment, but things could be worse.. I take it that the $$ is non refundable also, even though it didnt get far in the process. F***

Ya it sucks to kiss $$$$ goodbye with a DO OVER, but better to cancel the petition now.    

Has the check been cashed?  Maybe trying cancelling it... just a thought.

 

Annulments take years, and are very expensive.  

 

If you fiancee could "move" to a country that didn't require extremely long residency, she could file for a divorce.. embassy accepts divorces (maybe a short term OFW) Just a thought.

Edited September 17, 2017 by Hank_

[j N j 50]

27 minutes ago, Hank_ said:

Ya it sucks to kiss $$$$ goodbye with a DO OVER, but better to cancel the petition now.    

Has the check been cashed?  Maybe trying cancelling it... just a thought.

 

Annulments take years, and are very expensive.  

 

If you fiancee could "move" to a country that didn't require extremely long residency, she could file for a divorce.. embassy accepts divorces (maybe a short term OFW) Just a thought.

Sucks is a understatement.. I need to work on the cancellation on Monday, Id imagine in writing to CSC. Yes check has been cashed. The annulments has been over with for some time, just needs to be "filed" in Manila. SOmebody dropped the ball, not sure where or who, I believe they (folks back home) thought that it would process itself, and I think the Lawyer told them there was a fee involved to make it official. Right now shes in Hong Kong, and has been there for the last 13 years..

Edited September 17, 2017 by j N j

[Hank_ 9,174]

2 minutes ago, j N j said:

Sucks is a understatement.. I need to work on the cancellation on Monday, Id imagine in writing to CSC. Yes check has been cashed. The annulments is has been over with for some time, just needs to be "filed" in Manila. SOmebody dropped the ball, not sure where or who, I believe they (folks back home) thought that it would process itself, and I think the Lawyer told them there was a fee involved to make it official. Right now shes in Hong Kong, and has been there for the last 13 years..

Been in HK 13 years?!!  She could have done a divorce there.. that would of handled everything .. except getting married IN the Philippines.   Embassy is happy with a divorce.    (Just a random comment)

 

So the annulment has received the blessing of the court already, only need the decree of Finality.  Hope that gets done quickly.

 

 

[j N j 50]

Just now, Hank_ said:

Been in HK 13 years?!!  She could have done a divorce there.. that would of handled everything .. except getting married IN the Philippines.   Embassy is happy with a divorce.    (Just a random comment)

 

So the annulment has received the blessing of the court already, only need the decree of Finality.  Hope that gets done quickly.

 

 

WEll, she went back home to marry, but other than that, yes in HK for that time period. Yes, just needs the finality.. was told 3 months and that was in June/July cant remember exactly, and was pushed up to #2 in the queue.

[Hank_ 9,174]

Just now, j N j said:

WEll, she went back home to marry, but other than that, yes in HK for that time period. Yes, just needs the finality.. was told 3 months and that was in June/July cant remember exactly, and was pushed up to #2 in the queue.

Whew!!   That is good to hear ... glad it is not just leaving the starting gate.

 

http://www.visaconnection-philippines.com/i-129f-petition-process.html

[j N j 50]

3 minutes ago, Hank_ said:

Whew!!   That is good to hear ... glad it is not just leaving the starting gate.

 

http://www.visaconnection-philippines.com/i-129f-petition-process.html

agreed, but doesnt change the fact that we have to start over. COuld be worse things I guess.. I go back to the Feb. thread when a member asked me if Id feel the same way with the "it happens when it happens" comment..well here we are, and YES..It will happen when it happens..  Thanks for the link my friend!

Edited September 17, 2017 by j N j

[Hank_ 9,174]

14 minutes ago, j N j said:

agreed, but doesnt change the fact that we have to start over. COuld be worse things I guess.. I go back to the Feb. thread when a member asked me if Id feel the same way with the "it happens when it happens" comment..well here we are, and YES..It will happen when it happens..  Thanks for the link my friend!

Yes, could have been a lot worse.  The DO OVER sucks, but as the T-shirt said in "Forrest Gump"  Sh!t Happens