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Questions about former marriages, etc.

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Filed: Timeline

Hello,

I have a couple questions for you guys about former marriages.Ok, so my fiancee is from Thailand and when she was 18 her family pressured her into marrying. They never registered it with the government and she never changed her name. She also had a daughter out of this. The husband and her finished after 3 months and he moved to Malaysia and he died there. They do not have death certificates because they were sent to his fanmily becuse she was never "legally married" because they never registered it with the govt.

On some forms for the K-1 Visa it asks if your fiancee is SINGLE, divorced, or widowed. Do you think I should say she is single, or widowed? Remember, she never registered it, so the government never knew she was married. What should she say about the child? If they ask?

Thanks a lot guys!

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Filed: K-1 Visa Country: Ukraine
Timeline
Hello,

I have a couple questions for you guys about former marriages.Ok, so my fiancee is from Thailand and when she was 18 her family pressured her into marrying. They never registered it with the government and she never changed her name. She also had a daughter out of this. The husband and her finished after 3 months and he moved to Malaysia and he died there. They do not have death certificates because they were sent to his fanmily becuse she was never "legally married" because they never registered it with the govt.

On some forms for the K-1 Visa it asks if your fiancee is SINGLE, divorced, or widowed. Do you think I should say she is single, or widowed? Remember, she never registered it, so the government never knew she was married. What should she say about the child? If they ask?

Thanks a lot guys!

Well, you are going to have to list the child in the application if she is bringing her daughter with her when they immigrate. I do not know the laws that govern her country on removing a child with or without consent of the other parent. Or if the US consulate there will ask for approval stating the other giving consent to the child leaving.

You will receive more advice about this as others look at it. But I think in your situation, it would probably be best if you consulted with a compentent, family-based immigration lawyer. It could not hurt getting legal advice from someone who is trained & certified in this area. VisaJourney is only a forum of public opinions and advice. Good luck to ya! ;)

Joseph

us.jpgKarolina

AOS application received Chicago - 11/12/2007

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Filed: K-1 Visa Country: Poland
Timeline

Hi There

I would put that she is single and has a child.

It is not illegal in US to have a child without beeing married ans she was not legally married.

If they ask her on the interview i would say that she had a child with this man and he left her, wnent to Malasia and passed there.

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Filed: K-1 Visa Country: Ukraine
Timeline
Hi There

I would put that she is single and has a child.

It is not illegal in US to have a child without beeing married ans she was not legally married.

If they ask her on the interview i would say that she had a child with this man and he left her, wnent to Malasia and passed there.

It will depend who is listed as the child's father on the birth certificate. The US consulate in her country may request to see proof of the child's other parent's approval that it is okay for the child to immigrate to the US. If she does not have it, then a death certificate may be requested. As I have stated earlier, it's best to seek the advice of compentent, qualified family-based immigration lawyer. It would suck to get the interview and find out these surprises.

Joseph

us.jpgKarolina

AOS application received Chicago - 11/12/2007

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Filed: Timeline
Hi There

I would put that she is single and has a child.

It is not illegal in US to have a child without beeing married ans she was not legally married.

If they ask her on the interview i would say that she had a child with this man and he left her, wnent to Malasia and passed there.

It will depend who is listed as the child's father on the birth certificate. The US consulate in her country may request to see proof of the child's other parent's approval that it is okay for the child to immigrate to the US. If she does not have it, then a death certificate may be requested. As I have stated earlier, it's best to seek the advice of compentent, qualified family-based immigration lawyer. It would suck to get the interview and find out these surprises.

Hey guys, thanks for response. I am not sure if I was unclear, however my girlfriend is not bringing her daughter to the states to emigrate with her here. Her daughter is going to stay in Thailand and live with the father and stuff, so yea she is not intending to bring her daughter to the states.

When she was 18 her parents forced her into marriage and had a kid out of it, but yea for sure the daughter is stayin in Thailand.

Thanks a lot guys,

Also, I've been speaking with some people about this visa, and they all tell me I should get the hlp of a lawyer. Not because we can't handle it from this side, but because the fiancee, in my case is from thailand, may have a difficulty with the forms, and if they make a single mistake then they will not get the visa and have to wait around six months to apply again or so. Does anyone have any recommendations? Thanks a lot guys!

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Filed: Citizen (apr) Country: Thailand
Timeline
Hello,

I have a couple questions for you guys about former marriages.Ok, so my fiancee is from Thailand and when she was 18 her family pressured her into marrying. They never registered it with the government and she never changed her name. She also had a daughter out of this. The husband and her finished after 3 months and he moved to Malaysia and he died there. They do not have death certificates because they were sent to his fanmily becuse she was never "legally married" because they never registered it with the govt.

On some forms for the K-1 Visa it asks if your fiancee is SINGLE, divorced, or widowed. Do you think I should say she is single, or widowed? Remember, she never registered it, so the government never knew she was married. What should she say about the child? If they ask?

Thanks a lot guys!

Rin was "married" to a Thai man for six years. It was never registered with the local amphur (Thai government). We listed her as single with three children. The Thai man she lived with is the father of all three children and is listed on the BC. No issues with getting her visa (or the children's).

Marriages in Thailand are official when registered with an amphur. If that didn't happen, then it was just two people living together, although they will refer to each other as husband and wife. Although I have seen some on VJ say they had to get a certificate from the Thai government that their fiancee was single. Rin did not and it was never requested by the US Embassy.

Goodluck!

John

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

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Filed: Other Country: China
Timeline
Hi There

I would put that she is single and has a child.

It is not illegal in US to have a child without beeing married ans she was not legally married.

If they ask her on the interview i would say that she had a child with this man and he left her, wnent to Malasia and passed there.

It will depend who is listed as the child's father on the birth certificate. The US consulate in her country may request to see proof of the child's other parent's approval that it is okay for the child to immigrate to the US. If she does not have it, then a death certificate may be requested. As I have stated earlier, it's best to seek the advice of compentent, qualified family-based immigration lawyer. It would suck to get the interview and find out these surprises.

Hey guys, thanks for response. I am not sure if I was unclear, however my girlfriend is not bringing her daughter to the states to emigrate with her here. Her daughter is going to stay in Thailand and live with the father and stuff, so yea she is not intending to bring her daughter to the states.

When she was 18 her parents forced her into marriage and had a kid out of it, but yea for sure the daughter is stayin in Thailand.

Thanks a lot guys,

Also, I've been speaking with some people about this visa, and they all tell me I should get the hlp of a lawyer. Not because we can't handle it from this side, but because the fiancee, in my case is from thailand, may have a difficulty with the forms, and if they make a single mistake then they will not get the visa and have to wait around six months to apply again or so. Does anyone have any recommendations? Thanks a lot guys!

The child not immigrating simplifies things considerably. In that case, I would indicate your fiancee is single, provided she's confident she can get a cenomar if needed. Is that needed by the Bangkok Consulate?

As for the forms, she'll need at least the assistance of a competent translator.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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You said originally:

The husband and her finished after 3 months and he moved to Malaysia and he died there.

Now you're saying:

Her daughter is going to stay in Thailand and live with the father and stuff, so yea she is not intending to bring her daughter to the states. :blink:

As an aside, I didn't put my under 21 year old son on anything to say he was coming with me to the US, but in places where my children had to be listed I did so. Right up until the interview, his name appeared on all documentation. At the Consulate, I had to write out a statement saying that this visa was for me alone, and that he was not entering with me.

Carla (F)

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Filed: Timeline
You said originally:

The husband and her finished after 3 months and he moved to Malaysia and he died there.

Now you're saying:

Her daughter is going to stay in Thailand and live with the father and stuff, so yea she is not intending to bring her daughter to the states. :blink:

As an aside, I didn't put my under 21 year old son on anything to say he was coming with me to the US, but in places where my children had to be listed I did so. Right up until the interview, his name appeared on all documentation. At the Consulate, I had to write out a statement saying that this visa was for me alone, and that he was not entering with me.

Carla (F)

Sorry I was unclear. Yes the father of the child is dead. When I said "her daughter is going to stay in Thailand and ive with the father and stuff", I meant that she is living with my GIRLFRIEND'S father, not her father. I was unclear on that, but that is what I meant. The daughter is going to be living with her grandpa (my girlfriend's father).

Sorry I wasn't clear, and thanks for info

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Hello,

I have a couple questions for you guys about former marriages.Ok, so my fiancee is from Thailand and when she was 18 her family pressured her into marrying. They never registered it with the government and she never changed her name. She also had a daughter out of this. The husband and her finished after 3 months and he moved to Malaysia and he died there. They do not have death certificates because they were sent to his fanmily becuse she was never "legally married" because they never registered it with the govt.

On some forms for the K-1 Visa it asks if your fiancee is SINGLE, divorced, or widowed. Do you think I should say she is single, or widowed? Remember, she never registered it, so the government never knew she was married. What should she say about the child? If they ask?

Thanks a lot guys!

Is there anyway that you can contact his family?

-K-1-

February 20, 2007 - mailed I-129F to TSC

February 21, 2007 - I-129F received by TSC

February 27, 2007 - NOA1 approved by CSC

March 12, 2007 - received NOA1 by mail

April 19, 2007 - Touched

May 14, 2007 - Touched

May 14, 2007 - NOA2 Approved!

May 15, 2007 - Touched

May 23, 2007 - NVC Received

May 25, 2007 - Left NVC

June 7, 2007 - Consulate Received Petition

June 12, 2007 - Received Interview date from NVC

June 29, 2007 - Packet 4 received

July 23 & 24, 2007 - Medical appointment completed

August 13, 2007 - Interview(Visa Approved!)

September 28, 2007 - Sharon arrives in US

December 22, 2007 - Civil Wedding

-AOS-

Febuary 10, 2008 - Chicago Office recieves AOS package

Febuary 15, 2008 - Check cashed for AOS

March 7, 2008 - Case Transfered to CALIFORNIA SERVICE CENTER

March 8, 2008 - Biometrics Taken

May 13, 2008 - Received Welcome Letter Notification

May 16, 2008 - AOS Approved

Austin & Sharon

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Filed: Timeline
Hello,

I have a couple questions for you guys about former marriages.Ok, so my fiancee is from Thailand and when she was 18 her family pressured her into marrying. They never registered it with the government and she never changed her name. She also had a daughter out of this. The husband and her finished after 3 months and he moved to Malaysia and he died there. They do not have death certificates because they were sent to his fanmily becuse she was never "legally married" because they never registered it with the govt.

On some forms for the K-1 Visa it asks if your fiancee is SINGLE, divorced, or widowed. Do you think I should say she is single, or widowed? Remember, she never registered it, so the government never knew she was married. What should she say about the child? If they ask?

Thanks a lot guys!

Is there anyway that you can contact his family?

No there's no way to contact the family she hasn't spoken to them for years. I do not see why they would even need to be contacted if she is NOT planning on bringing the child to the US anytime soon. She has proof from the government stating that she is indeed single and able to marry as well.

Thanks!

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Filed: K-1 Visa Country: United Kingdom
Timeline

I'm sorry, but as a mother of 2, I just cannot see how any mother would want to leave their child behind and try to start a new life in another country without them if they are a minor child.

Edited by ♥C and P♥

I-129F

13 April 2007--Mailed I-129F (Processed at California Service Center)

18 April 2007--Received NOA1

13 Aug. 2007--Received NOA2

09 Oct. 2007--Medical in London

08 Nov. 2007--Visa Interview & Approved

14 Nov. 2007--Pete receives K1 visa in the mail

21 Nov. 2007-- Pete arrives in the United States (together at last!!)

27 Dec. 2007--Our 3 year anniversary of being engaged

16 Feb. 2008--We were married!!

AOS

........ho hum....

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Hey Littleasianman7,

We had a similar situation. My wife also had children but was never 'officially' married (very common in Thailand). On all the K-1 forms we indicated she was single, because that is the truth (never officially married by law). We also listed her daughter on all forms, as required. At the interview, we did have to file an extra form, which we got from the local police of her city, stating that she was single and available to marry. I can't remember what it was called (Certificate of Eligibility to Marry, or something like that)...but it was easy to get (took about a day). From what I have seen on the Sawasdee2 thread, that form is now requested as a part of package 3, but it wasn't listed when we had our interview.

So, list her as single and put her daughter's name on all the paperwork. In packet 3 or 4 (can't remember which one), you'll indicate on that paperwork if her daughter will be immigrating also. In your case, you'll state no...and you should have no issues.

Peace to you and your fiancee and good luck on your Visa Journey!

Mark-N-AAm

“Acquire the spirit of peace, and a thousand souls around you will be saved.” - Saint Seraphim of Sarov

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"The love of one’s country is a splendid thing. But why should love stop at the border?” - Pablo Casals

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