Please help cancel approved petition

[Otto 83]

our NATIONAL STATISTIC OFFICE which is the number one authority about a marital status of a FILIPINO CITIZEN says that once a citizen is annuled ,the marital status is single.

That is all well and good - just saying, you're dealing with the US government not NSO when responding to these forms. If there is a chance for confusion, in my opinion, it is best to do what you can to avoid potential problems. (Up to you whether you choose to see it that way or not.)

[LaneAndDaisy 0]

hi July...ur case sounds really complicated...the word single in the I129 packet should only mean one thing---u were never married "bfore" or "during" the K1 application..and u must secure a CENOMAR (certificate of No Marriage)..on the other hand, like in my case, i put there SINGLE since there is no option to tick for ANNULED BUT we submitted the PERTINENT documents to support my singleness--1.) CTC of Annulment / Court Decision 2.) Annulment Decree/Finality 3.) Certificate of Registration from the Local Civil Registrar proving that we requested for NSO Annotated MC and under "OTHeR" NAMES USED, i put my married name ...since im in the province of Mindanao, it took me time to get the annotated MC from NSO, Manila...so we honestly expect either to receive an RFE notification for this or just bring one copy during the interview...so going back to ur process and how u did it--it sounds tricky...U SHOULD have waited for the annulment docs bfore u submitted the K-1 papers...and wouldnt the embassy wonder in case they ask for ur CENOMAR since u put single and u can't provide one??i hope they will accept ur reasons that u applied for K-1 before ur Annulment was approved....u can never tell..but still its misrepresentation in my own opinion..but just be totally honest to the pre screener and consul..they may or may not accept ...just explain..its worth a try... at least u know what went wrong...

secondly, u mentioned earlier that ur NOA2 is valid from Dec. 2008 - April 2009...we are August now...its already expired and they may have assumed that u and ur fiance arent interested to pursue...did u try calling the embassy?

good luck July...and pls. be ready with ur annulment papers should u decide to re-apply...

Edited August 11, 2009 by LaneAndDaisy

[July28 1]

HI LaneandDaisy thanks for the reply..

anyway, when my fiance contact them they said that usually the petition is still in post up to a year..so thats makes us wondered and i thought if its already expired they will send an email atleast to the petitioner..

I dont wanna take the risk coz i know that its really complicated..what we want to do is maybe cancel/withdraw the petition and maybe refile again with the annulment decree..my question is can we file a new one now since i got my annulment decision already?or do we have to wait a certain period considering the validity of the petition in my NOA2 is from decmber-april only and assuming its already expired..

whats the best thing to do now...

[LaneAndDaisy 0]

our NATIONAL STATISTIC OFFICE which is the number one authority about a marital status of a FILIPINO CITIZEN says that once a citizen is annuled ,the marital status is single.

just an add on info to this post...

its so true that only NSO knows if we are legally married, single , widowed or annulled since they are responsible for issuing the Secpa (security papers)..without the Secpa, its not valid..but in the case of ANNULLED person, the marital status is automatically reverted back to his/her maiden name and back to SINGLE..BUT...BUT..a supporting papers must be submitted to prove his/her singleness, that is, the annulment decree/finality and court decision and annotated marriage contract which is really a pain in the head when u live far from Manila...need to ff up personally or pile a PLDT call card to ring the concerned office over and over again...geez

in the case of Miss July..she was married before and IT WILL ONLY BE correct to put there SINGLE if and only if she was annulled already and must have supported her I129 packet with her annulment papers...which she missed doing coz she just recently got the annulment decree...

[LaneAndDaisy 0]

miss july, hi again..i am not very aware as to how long the petition goes from date of approval of NOA2...but if u say its good for a year that means from december 2008 to december 2009...its still valid then....but u mentioned something like April 2009 earlier on.. was he ( fiance) told by them that they will send a notification?? but if u ask me, whether its expired or still extended till dec. of this year, i wouldn't quit ...i started it and i must face it,,i mean, what the heck..give it a try at least....just be totally honest and tell them ur reasons...as ive said, they may or may not allow u to pass...u might have a kind-hearted consul and will understand ur plight...u can imagine how much longer u gonna have to wait if u re-apply..but follow whatever advise the consul might tell u..its either u receive an RA for that or deny ur visa and that will be a good signal to re-file...

its all up to u dear July...follow what u find best to do...God bless u and please pray that He will ease ur worries

[July28 1]

so if ever i will get denial from them..should my fiance refile the petition right away?or there would be certain period of time?

i am trying to weigh the period between proceeding to the interview and if ever get denied and refile and to withdraw now and refile..which one take longer?

[LaneAndDaisy 0]

Miss July, i dont know how long it will take to refile after the 1st denial of K1 visa... maybe someone of good heart and sincere intention will drop by and read ur post, help u and share her knowledge with regards to this query of urs...

if u withdraw now, wouldnt USEM wonder why u did it without proving first?be ready to supply a valid and honest reason... and isnt it true that once NOA is approved, applicants' names are entered in their system? in other words they will still ask u why u withdrawn ur 1st K-1 application...ASSUMING they keep old records ... i hope someone knowledgeable on this matter can answer this for u..mine was only to add info and comment on ur annulment issue coz i happen to be annulled too...but for ur ff.up queries---i honestly dont know...please bear with me..maybe we can search together at VJ Wiki to address ur concern

god bless Miss July....

daisy and lane

Edited August 11, 2009 by LaneAndDaisy

[edp333 9]

My suggestion would be to consult with an immigration lawyer before making a decision.

Your case is complicated.