K-1 visa problems

[I_Am_That_I_Am 46]

you were asking earlier about how long it takes to finalize an annullment in the Phils. Just to give you an idea, i have a friend who filed for annullment in 2005. I spoke with him 2 yrs ago and he's still married to same girl and the process is still ongoing. Some may be lucky and will get annulled within 2 yrs but it doesn't happen everyday, plus, of course, it requires a lot of paper works and $.

I have another question about the fact that she was underage when he married her. I wanted to ask here before I talk to a lawyer. Would that not even constitute a marriage and could be declared void?

[Lalo & Susana 50]

First if she really married under a fake name and fake birth certificate while being underage then why do you need a divorce? Your first question to the lawyer is whether or not she is in fact married.

Second if she isn't married under her real name why would you need to fake the cenomar. For example if her name real name is XYZ and her fake name is ABC then the cenomar will say XYZ is single while ABC's cenomar will say married. OP either you aren't telling us everything or someone is lying to you.

If you do in fact need to end the marriage I think annulment is completely out of the question she'll most likely need a divorce. And there are ways to divorce someone who doesn't want to divorce you in USA. Its a longer process then a normal divorce so be prepared to pay and wait more.

Regarding what your mother said about not getting caught bc of the fingerprints I think she is mistaken. My parents came to USA over 35 years ago and had their finger prints taken back then. They have never had their finger prints taken since but every time we come into the USA the POE officer they put their index fingers in a little scanner thing and the officers look to see if the prints match the one they imputed in the computer years ago. If you continue with this process you will get caught bc of the finger prints.

Good luck!

[Moomin 292]

Wasn't she underage when she was married the first time? Underage and using false identity = how valid is this marriage in the eyes of the law?

Secondly, it doesn't matter of they used different computers, machines or methods 10 or 20 years ago for finger printing. It matters that is was done meaning there IS a paper trail. Her passport finger prints are pretty evident. Some background checks are performed manually.

What your chances are? Remember, either way you choose, it may backfire because there is NO limit to revoking greencard nor citizenship if there are findings making her ineligible. Your main concern isn't your fiancee having been married. Your main concern is her entering the US under a false name and you knowing about it. Helping with a fake cenomar is material misrepresentation, saying no to being married(or having been married) is misrepresentation, saying no to having been in the US is misrepresentation.

Personally, I'd wish to go back a year in time and ask you to sort this out before sending the petition. While you could just be honest at the time of interview I sincerely don't think it's that easy since the approved petition(i129f) wouldn't have been approved in light of this information. Which is why I'd advise you to sort this out before thinking about going to the interview.

[NY_BX 397]

First if she really married under a fake name and fake birth certificate while being underage then why do you need a divorce? Your first question to the lawyer is whether or not she is in fact married.

Second if she isn't married under her real name why would you need to fake the cenomar. For example if her name real name is XYZ and her fake name is ABC then the cenomar will say XYZ is single while ABC's cenomar will say married. OP either you aren't telling us everything or someone is lying to you.

If you do in fact need to end the marriage I think annulment is completely out of the question she'll most likely need a divorce. And there are ways to divorce someone who doesn't want to divorce you in USA. Its a longer process then a normal divorce so be prepared to pay and wait more.

Regarding what your mother said about not getting caught bc of the fingerprints I think she is mistaken. My parents came to USA over 35 years ago and had their finger prints taken back then. They have never had their finger prints taken since but every time we come into the USA the POE officer they put their index fingers in a little scanner thing and the officers look to see if the prints match the one they imputed in the computer years ago. If you continue with this process you will get caught bc of the finger prints.

Good luck!

Exactly my thoughts. I thought I was the only suspecting this. If the story the OP writes is his honest to God truth, I strongly believe he is being horribly misled.

[Lalo & Susana 50]

Exactly my thoughts. I thought I was the only suspecting this. If the story the OP writes is his honest to God truth, I strongly believe he is being horribly misled.

Agreed! Faking the cenomar is very suspicious. I mean why fake it if she was never married under her real name. I think the OP is not being told the entire truth. Maybe she married someone else under her real name. Whatever is the case OP needs to find out exactly what is going on.

[NY_BX 397]

Agreed! Faking the cenomar is very suspicious. I mean why fake it if she was never married under her real name. I think the OP is not being told the entire truth. Maybe she married someone else under her real name. Whatever is the case OP needs to find out exactly what is going on.

and not only the cenomar, but the whole story is just far-fetched. USC goes and marries an underaged philipina without her parents consent???? So, her parents allowed her to marry under her 'alter ego'? I don't know if this is something usual in the philipines, it may be. But it still doesn't ring right. She was granted a spousal visa with fake documentation and now is asking her fiance to file more fake documents so she can come over.

really?

Edited September 10, 2012 by NY_BX

[HeresJohnny 0]

The same was spelled similarly, but we got a cenomar in 2010 for the because we thought about doing the petition and it was real and not a fake. However the embassy wants a cenomar that is within one year. When we tried to get another it came up with the past marriage. I am unsure how it was linked to her real name. That is why we had to get a fake one.

[Mogambi 96]

Well first, this whole thing is just ridiculously complex and somewhat suspicious.

But here's my take, which will be very different from the others.

First, you have ALREADY committed immigration fraud. That is done, and not much to be done. To come forward now means to admit to doing so.

Second, I think that anyone here assuming the border patrol is going to match her finger prints to an older entry into the US, I highly doubt it. I think you give your government too much credit.

IF she really entered under an old name, if everything was true, I suspect you'd get away with it. I mean, at this point, you're already so deep into it, I'm not sure what I'd do. If you come clean now, you're likely facing something serious, she'll probably be banned, you'll be in trouble, etc. You could withdraw your petition, and then start over, but by then they might also match it. You could start over, and claim that all of this just came to light, that your fiancé didn't tell you all of this because she was so scared, and she hid it from you.

Either way, about the ONLY thing you can do right now is to find a very good Immigration Lawyer. I'll tell you that this one is highly regarded, he gave me some free advice on my case on something, and although he's in LA, you could at the minimum do a phone consult, explain your case and get some honest advice about how to proceed.

But you're in dangerous water at this point already. This is the lawyer that I had great luck with:

Chris Wright

The Wright Law Firm, a Professional Corporation

22144 Clarendon Street, Suite 302A

Woodland Hills, CA 91367

(818) 595 0257

(818) 595 0258

[Kuting 0]

The same was spelled similarly, but we got a cenomar in 2010 for the because we thought about doing the petition and it was real and not a fake. However the embassy wants a cenomar that is within one year. When we tried to get another it came up with the past marriage. I am unsure how it was linked to her real name. That is why we had to get a fake one.

Your situation is too complicated.

As far as I know, USEM conducts their own document verification for cenomar and NBI.

Wondering why the recent cenomar showed as married? Although, she falsified the info on her marriage, it shows up to her real identity may be for these reasons: first name matched already, place of birth, hospital or midwife name, parents information, province etc. if nothing shows up exactly to her fake name and fake DOB, those other information will show up and matched to her real name/identity.

I might be wrong though.

Edited September 10, 2012 by Kuting

[NY_BX 397]

The same was spelled similarly, but we got a cenomar in 2010 for the because we thought about doing the petition and it was real and not a fake. However the embassy wants a cenomar that is within one year. When we tried to get another it came up with the past marriage. I am unsure how it was linked to her real name. That is why we had to get a fake one.

and the truth comes out. You are intentionally assisting a foreigner to commit immigration fraud. How do you expect to be approved?

[TBoneTX 43,155]

and the truth comes out. You are intentionally assisting a foreigner to commit immigration fraud. How do you expect to be approved?

Si, man. Another way to look at it is that this woman is essentially unavailable to you -- situationally (perhaps still married) and legally (perhaps facing a lifetime ban).

If I were in your shoes and had learned even part of what you have learned, I'd have extricated myself from the entanglement as a priority, cut off all contact, and run in the opposite direction with a feeling of relief. You're in pretty deep dog-doo already; perhaps your first question to any immigration attorney should not be "How can I salvage this seemingly unpetitionable relationship" but "What kind of trouble am **I** in?"

[HeresJohnny 0]

I see I have my dug myself into a deep hole and I am not even sure that the lawyers would be able to help me since i'm this far in. I will explain my situation to them and see they can do anything. If they can't I don't have too many options. I could move to the Philippines and live there, (Most of my family is in the Philippines anyway and I speak Bisayan). I know that is not the ideal choice but I am dedicated to this girl. You may think I must be an idiot, but I will do what I can to be with her. This may be a better alternative than having her get caught by just pulling the petition and living my life there. Thank you for all your replies everyone, a great deal of helpful information. I really appreciate all of your time.

[InHisTime 110]

Hello Sir,

I think your case is going to be very complicated. Despite of all the lies and fabricated documents, the USEM will have their own ways to know the TRUTH. The interview is going to be very easy if there is nothing to hide. Knowing the real situations / circumtances, you should have not proceeded on her immigration to the US without first clearing her documents / past. The truth will always surface. Even if you hire a lawyer to help cover past actions, still it will not prosper, as the USEM will be able to determine -- she is same person. They are trained / experienced to do their job. Why not tell the truth and maybe see what the USCIS could advise you on "what to do", probably the lawyer this time could help you out on preparing the needed documents. It would be a long journey, but, at least you would have peace of mind and feel better for a lifetime. Remember, after she arrived in the US, after marriage, you have to adjust her status... still have lots of paperworks to do.... she needs to remove conditions of her GC after 2 years, so another paperwork. There would be time, in any of the whole immigration processes, that your fiancee's case would be revealed, reviewed or scrutinized -- it is high risk for DENIAL.

I hope you get sort out this issue before the discovery of USCIS. Hope you do the right thing.

Further, if things won't work out, maybe, if you really want to be with her, in time, you may consider relocating to the Philippines.

Good luck and hope God would give you the best guidance and wisdom. God bless !

[Michael-Moneth 6]

I have another question about the fact that she was underage when he married her. I wanted to ask here before I talk to a lawyer. Would that not even constitute a marriage and could be declared void?

In Philippine law, the marriage is null and void because the legal age to marry here is 18.. and u said she was only 16 so if u file for anullment this would be a strong case.

But you also said that she came to the US with a different name, my question is was the name she used in coming there in US is the same one she used when she got married to her husband? or when they had their wedding, did she really used her real name?

Coz if she used the made up name then she could actually get a CENOMAR using her real name.

I think you have to get a lawyer here to process the anullment and a lawyer there to take care of the immigration issues...

[robertntess2012 0]

You really should get a lawyer because you yourself will be in a lot of trouble soon for being party of omission of a crime.

I would talk with a lawyer FIRST.

You need to have the church/goverment annul her prvious marriage.

Then marry her there after its annuled. She will be your legal wife.

Good luck