Marriage prior to annullment

[Daniel2003 0]

Pls advise me! I have my annullment approved on first girl by 2009 in the Philippines.  Prior to that i married my current wife 2003. Does it matter to our application   

as immigrant. My wife is the principal. What do i need to do in case theres a problem. 

[karice 29]

I don’t exactly know how you should proceed, but from what I understand there will be an issue. If you applied while you were still technically married to the first girl, it’s likely that your petition could be denied. Though I don’t know what could be done (if anything). 

 

Have you applied yet?

[Daniel2003 0]

Thank you very much for your reply! Let me clarrify, i applied for immigration visa after my marriage from the first girl was terminated by annulment in Philippines on year 2009. But my second marriage happened on year 2003, earlier than when my 1st marriage declared as null and void. Until recently I believe our marriage ( 2nd marriage) is valid because it was registered , has a record in PSO 

( Philippine Statistics Office). Once it was recorded, i think it is valid until such time it was declared invalid by the Philippine court. 

 

Now my worry is if the US Embassy will consider , approve my 2003 marriage which it was registered and recorded in PSO. I got PSO marriage certificate but worrying if its enough. 

 

Pls help me with idea.

 

 

[Daniel2003 0]

Thankyou very much for the advise. 

[Ryan H 3,834]

Moved from K3 Process & Procedures to IR-1/CR-1 Process & Procedures.

[pushbrk 13,217]

On 2/16/2018 at 3:12 AM, Dee elle said:

On the I130 petition,  your petitioner will be declaring all marriages.(both yours and hers ).. previous and current.. and supplying all divorce, annulment certificates and marraige certificates. The fact that your second marrige certificate is dated 2003, and the anullment of your first marraige is dated 2009, common sense ould say USCIS will not consider your second marraige to be valid, as you were still married to spouse #1..

 

How to work this these facts to get to where your petition can be approved? No idea... you need a very good lawyer... 

The answer above assumes that there was never a divorce from the first spouse.  If there was, then no problem.  The US recognizes divorces from Filipinos, even if the Philippine government does not.

 

To the OP, please be very clear about this.  If you got a divorce from the first spouse before you married the second spouse, the US doesn't care if you ever got an annulment of that marriage.  If you did not divorce the first wife before you married in 2003, then the 2003 marriage was illegal.  (Bigamy)

[Daniel2003 0]

Dear Pushbrk and Anyone! 

 

I remarried my current wife  before the annulment to the 1st wife was granted in 2010. According to Lawyer it was technically illegal under Philippine Law. I knew it just recently. My principal wife submitted our Marriage Cert to USCIS.  Now The bigger problem is about to happen. Our application to NVC was approved as immigrant. We paid and  Interview by USEM NVC is getting nearer. I am going to tell them my situation and will plead for an extension to hold my nvc case number until I fixed my problem probably 6 months to a year.  My question is: What possibly will happen during interview? Do they going to blacklist me even if I tell the whole truth? Or Shall they give me chance to fix it?  Do they allow my daughters to travel with their mother in the US? How does it affect my wife and daughters visa application? 

 

Pls need your advise.

[bakphx1 789]

I scanned some legal info and it is confusing, but it doesn't look hopeful.  Entering into a second marriage means having to lie on several important documents. 

 

Since you weren't legally able to marry for your second wedding, that can be declared void as well.  

 

I would talk to an attorney, but I think your only fighting chance is to withdraw the application, get an official annullment of the second marriage as well and remarry once you are legally single.  You have the issue of your paper trail, so at this point you can be viewed as bigamous and not legally  married to your second wife at the same time.  By lying on applying for the second marriage license you backed yourself into a corner. 

[pushbrk 13,217]

7 hours ago, Daniel2003 said:

Dear Pushbrk and Anyone! 

 

I remarried my current wife  before the annulment to the 1st wife was granted in 2010. According to Lawyer it was technically illegal under Philippine Law. I knew it just recently. My principal wife submitted our Marriage Cert to USCIS.  Now The bigger problem is about to happen. Our application to NVC was approved as immigrant. We paid and  Interview by USEM NVC is getting nearer. I am going to tell them my situation and will plead for an extension to hold my nvc case number until I fixed my problem probably 6 months to a year.  My question is: What possibly will happen during interview? Do they going to blacklist me even if I tell the whole truth? Or Shall they give me chance to fix it?  Do they allow my daughters to travel with their mother in the US? How does it affect my wife and daughters visa application? 

 

Pls need your advise.

If your marriage isn't legal (It isn't if there was neither a divorce or annulment of the prior marriage BEFORE the current marriage.) then the visa will be denied on that basis.  You can't fix this retroactively.  You must legally terminate all prior marriages before entering into a new one.  What you did is called the crime of Bigamy.  Seek competent legal representation both in the US and Philippines.  Don't go back to the Philippines until the Philippine lawyer assures you that you will not be jailed for Bigamy.

[Daniel2003 0]

Many many thanks for the advices. God bless you all. It will help me. After knowing that miserable situation just recently, I got a local lawyer,s  help to file motion to cancel my current marriage cert.  ( I am very dumb i did not arrange it for the past 8 years. I did not expect my family will have upportunity to migrate in the US. Hopefully i can get the result after a year. 

 

1 last question  pls. How about my wife who is the Principal? She has nothing to do with my annulment. Could there be any problem when she undergo interview?

 

 

 

 

 

[pushbrk 13,217]

6 hours ago, Daniel2003 said:

Many many thanks for the advices. God bless you all. It will help me. After knowing that miserable situation just recently, I got a local lawyer,s  help to file motion to cancel my current marriage cert.  ( I am very dumb i did not arrange it for the past 8 years. I did not expect my family will have upportunity to migrate in the US. Hopefully i can get the result after a year. 

 

1 last question  pls. How about my wife who is the Principal? She has nothing to do with my annulment. Could there be any problem when she undergo interview?

 

 

 

 

 

The visa will be denied, because your marriage is not only not legal.  It is a crime YOU can go to jail for in the Philippines.  Your other worry is that you did not properly disclose the prior marriage and its termination in your petition.  This could be considered a material misrepresentation on your part.  It's all a very big deal.  You are simply not married to the woman you petitioned for, so she cannot be issued a visa as your spouse.

[pushbrk 13,217]

6 hours ago, Dee elle said:

What interview? What do you mean by "principal" ? Is she applying for an immigrant visa? If yes, then what visa category is she applying for? 

Principal immigrant applying for an IR-1 visa based on an illegal marriage.  There will be no visa anytime soon.  Certainly not based on the current petition.

[deafguy72 99]

On 2/16/2018 at 12:27 AM, Daniel2003 said:

Pls advise me! I have my annullment approved on first girl by 2009 in the Philippines.  Prior to that i married my current wife 2003. Does it matter to our application   

as immigrant. My wife is the principal. What do i need to do in case theres a problem. 

Judge at the city hall would ask you for CEMAR or cenomar ( single ) to verify before you marry. My wife provided CEMAR plus annotation PSA marriage showing null & void on the side of the certificate and my divorce decrees to the city hall in Baguio with good faith. You gotta to fix it all over again