Petition my Mom with Bigamy case before

[Foodislife27 4]

Hello, 

 

I am asking for a friend. 

Long story short, her dad (US  citizen) married her mom (Filipino citizen) but her mom was still married with another man on papers but they are not together already (Philippines) so in this case, it was treated as Bigamy. Their dad knows about this as well before hand just FYI. 

 

So my friend's dad tried petition their mom to the US but it was found out that she was married legally already before. 

 

So the petition was denied and was advise that she can never be petitioned again in the US. 

 

My friend wants to petition her but she don't know what's the best thing to do or if she still can petition her mom. 

 

Any advise will help. 😊 Thank you so much! 

[Lucky2Lucky 2,526]

Your friend should create an account as third party information is often unreliable. I’m unsure if being a person of moral character is a requirement for petitioning parents. It will come up again though when asked if she was ever petitioned before. As a heads up it would be extremely difficult to obtain citizenship if she does come here due to bigamy. 
 

has she thought about divorcing her first husband and marrying her second husband?!

[Duke & Marie 1,389]

Ive seen cases of bigamy in this forum before that have been denied... however non have mentioned that they’ve been told they can’t ever reapply.. even in very complex cases of moral tribute banning for 3-10 years is more common than indefinite barring.. 

 

you need to confirm if this “barring” was ever placed in writing by USCIS or if it’s just an assumption made by the immigrant.. 

[SusieQQQ 11,586]

Hm. Bigamy is considered a crime of moral turpitude, which makes someone inadmissible. While i presume there was no criminal case, it has obviously been admitted by the parent of the OP  (the thread title makes it obvious it isn’t a ‘friend’, sorry). Suggest contacting a lawyer to see if any of the exceptions or waiver can apply, obviously it goes without saying that your mother needs to divorce her first husband (or annul or whatever is done there) before trying to proceed. If she continues to be a bigamist she will certainly never be admitted, regardless who the petitioner is.
 

 

Edited May 20, 2020 by SusieQQQ

[Unlockable 7,315]

6 hours ago, Foodislife27 said:

Hello, 

 

I am asking for a friend. 

Long story short, her dad (US  citizen) married her mom (Filipino citizen) but her mom was still married with another man on papers but they are not together already (Philippines) so in this case, it was treated as Bigamy. Their dad knows about this as well before hand just FYI. 

 

So my friend's dad tried petition their mom to the US but it was found out that she was married legally already before. 

 

So the petition was denied and was advise that she can never be petitioned again in the US. 

 

My friend wants to petition her but she don't know what's the best thing to do or if she still can petition her mom. 

 

Any advise will help. 😊 Thank you so much! 

Here is the brutal truth... THIS IS NOT GOING TO BE EASY, CHEAP, OR FAST!!!

 

Your friend is in a situation where a huge amount of help is needed. This isn't a simple fix by refiling. The reason it is so difficult is that there is no divorce in the PHL. This complicates things even further. Because your friend would have to divorce (or annul) her first marriage, THEN, remarry her current partner. This the only way to accomplish immigrating to the US legally. It is already on record that she is legally married so there is no hiding it. The dad knoing about this beforehand and still trying to apply for the mother doesn't help the situation either. Because it can be seen as they were trying to fraud US immigration which could lead to a permanent ban.

 

Options:

She can try for an annulment in the PHL. Then remarry her current partner and refile.

She can get a divorce in a 3rd country that allows it. Then remarry her current partner and refile.

 

Both of those options are going to take a lot of time and a lot of money. I can't see the mother being free to marry for a while. They are looking at possible 5 - 7 years (or more) and thousands of dollars before she obtains a visa.

 

Edited May 20, 2020 by Unlockable

[Foodislife27 4]

17 minutes ago, Unlockable said:

Here is the brutal truth... THIS IS NOT GOING TO BE EASY, CHEAP, OR FAST!!!

 

Your friend is in a situation where a huge amount of help is needed. This isn't a simple fix by refiling. The reason it is so difficult is that there is no divorce in the PHL. This complicates things even further. Because your friend would have to divorce (or annul) her first marriage, THEN, remarry her current partner. This the only way to accomplish immigrating to the US legally. It is already on record that she is legally married so there is no hiding it. The dad knoing about this beforehand and still trying to apply for the mother doesn't help the situation either. Because it can be seen as they were trying to fraud US immigration which could lead to a permanent ban.

 

Options:

She can try for an annulment in the PHL. Then remarry her current partner and refile.

She can get a divorce in a 3rd country that allows it. Then remarry her current partner and refile.

 

Both of those options are going to take a lot of time and a lot of money. I can't see the mother being free to marry for a while. They are looking at possible 5 - 7 years (or more) and thousands of dollars before she obtains a visa.

 

Hello,

 

I was pertaining to the mother of my friend. My friend and she is a citizen. She wants to bring her mom here in the US by petitioning her but her father tried to get her mother before. Unfortunately it was a Bigamy case. 

 

She was thinking what is the best way that she can petition her mother. 

[Foodislife27 4]

6 hours ago, Luckycuds said:

Your friend should create an account as third party information is often unreliable. I’m unsure if being a person of moral character is a requirement for petitioning parents. It will come up again though when asked if she was ever petitioned before. As a heads up it would be extremely difficult to obtain citizenship if she does come here due to bigamy. 
 

has she thought about divorcing her first husband and marrying her second husband?!

I think his dad doesn't want to marry their mom again sicne they have separated ways as well. 

 

So it's my friend who want to get her mother this time. 

6 hours ago, Duke & Marie said:

Ive seen cases of bigamy in this forum before that have been denied... however non have mentioned that they’ve been told they can’t ever reapply.. even in very complex cases of moral tribute banning for 3-10 years is more common than indefinite barring.. 

 

you need to confirm if this “barring” was ever placed in writing by USCIS or if it’s just an assumption made by the immigrant.. 

I will check on her and get more information. 😊

[Foodislife27 4]

43 minutes ago, SusieQQQ said:

Hm. Bigamy is considered a crime of moral turpitude, which makes someone inadmissible. While i presume there was no criminal case, it has obviously been admitted by the parent of the OP  (the thread title makes it obvious it isn’t a ‘friend’, sorry). Suggest contacting a lawyer to see if any of the exceptions or waiver can apply, obviously it goes without saying that your mother needs to divorce her first husband (or annul or whatever is done there) before trying to proceed. If she continues to be a bigamist she will certainly never be admitted, regardless who the petitioner is.
 

 

Lol my bad. It's my friend's mother tbh 😅 

 

But can my friend petition her mom? Like under her Naman. 

[Unlockable 7,315]

14 minutes ago, Foodislife27 said:

Hello,

 

I was pertaining to the mother of my friend. My friend and she is a citizen. She wants to bring her mom here in the US by petitioning her but her father tried to get her mother before. Unfortunately it was a Bigamy case. 

 

She was thinking what is the best way that she can petition her mother. 

If she is a citizen, she can petition for her mother. However, and this is an important however, she has to find out if there really is a ban. We don't have all of the information and like someone already said, it is better for her to create an account. 

 

You mentioned in your first post that she was informed that "she can never be petitioned again in the US." This is a big statement and we don't know the details around it. No offense, but getting the information from you as a 3rd party is only making things more cloudy.

 

Now here is why the "however" is important. If your mother was denied because of fraud (remember you stated that the father knew about the other marriage), then that could mean she may have a permanent ban. And, yes, that will cause problems even if your friend applies for her mother. 

[SusieQQQ 11,586]

31 minutes ago, Foodislife27 said:

Lol my bad. It's my friend's mother tbh 😅 

 

But can my friend petition her mom? Like under her Naman. 

NO. Not while she is still a bigamist. I don’t even know if fixing it will solve the problem because it will still be on her immigration record. Get a lawyer. 

17 minutes ago, Unlockable said:

If she is a citizen, she can petition for her mother.

Not while mom is still a bigamist.. 

[Unlockable 7,315]

2 minutes ago, SusieQQQ said:

NO. Not while she is still a bigamist. I don’t even know if fixing it will solve the problem because it will still be on her immigration record. Get a lawyer. 

Not while mom is still a bigamist.. 

Ah, yes. This is true. Good catch

 

@Foodislife27

If the mother is still married to both men (and not simply separated), then yes, that will be a huge problem for your friend to petition for her mother.

 

 

[belinda63 3,039]

Would mother need to divorce the second husband since the marriage was not considered legal? Did she receive a permanent ban for a material misrepresentation to gain immigrant benefits? 

 

Unless we know what type of ban she was given the only thing your friend can do is file for her and see what happens at the interview.

[SusieQQQ 11,586]

1 minute ago, belinda63 said:

the only thing your friend can do is file for her and see what happens at the interview.

I personally wouldn’t do that without consulting a lawyer before. The law is clear that bigamy is an inadmissibility. Even with a divorce (or two, or an annulment plus a divorce, or whatever) - generally crimes of moral turpitude don’t just go away from an inadmissibility perspective because they are no longer being committed. So the first thing to do is figure out whether the mother was told she could never get a visa because of a misrepresentation bar, or whether it is a permanent inadmissibility due to having admitted to committing a crime of moral turpitude, or both. I don’t think “filing and see what happens” does anything other than waste the time and money involved.

[geowrian 22,337]

There's a few confirmed and a few potential issues here...

1. She is still a bigamist. This needs to resolved.
2. She may need a waiver for a CIMT due to #1.
3. She possibly either committed fraud or made a material misrepresentation in her previous immigration attempt. This carries a permanent bar with it.
   1. The real question is if it was only the petition that was denied or if she ever applied for a visa and provided false information. If only the petition was denied (it never made it to NVC) and she did not sign anything or provide false evidence alongside the petition, then technically she did not make a misrepresentation about any prior marriages - the petitioner did (as you noted he was aware of the prior marriage). This likely does not bode well for her credibility, but it would not be a basis for a ban if she didn't actually provide false information to the US.

Seek professional assistance with this...it's not DIY.

[Crazy Cat 41,981]

I am tagging this thread for future reference.......Very interesting....

 

 

 

 

 

 

 

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