Jump to content
happywifeymom

Urgently Need Your Help Pls.! Don't Know what to do?

 Share

24 posts in this topic

Recommended Posts

Filed: Other Timeline
To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

I don't see NutMagnet's post as passing judgment on you. He or she is simply offering a view that an objective person may make.

Just because it is common in the Philippines to provide false information on a child's birth certificate about the parents' marital status does not mean that it is not a lie. If you provided the information and you did so knowing that it was incorrect, then you lied. You need to accept responsibility for your current situation by acknowledging that you made a mistake. You need to focus on how to fix that mistake. Getting corrected birth certificates and giving USCIS a reasonable explanation is your only hope to correct your mistake. Lies such as the father's family gave the information to the hospital will only hurt you. While Zen Den may mean well, the suggestion that "1) the marriage info was an error (something like saying that someone on the father's side at the time supplied the info for their gain w/out your knowledge) in a statement you can then tie this info to the fact that NSO/your city/no church in your city has any record whatsoever of a marriage bet you and the kids' father, and that you were able to get a CENOMAR" will only hurt you. Do not make further misrepresentations to USCIS. Sending them birth certificates that contain information you know to be false is misrepresentation that could be the basis to deny the application. At this point, you need to correct the birth certificates and basically hope that USCIS uses its discretion to approve the cases for your children despite the initial misrepresentation.

what do you mean by getting the kids' BC's corrected, other than getting requesting for a correction with her local registrar?

why would getting certifications for facts (that there is indeed no record of the marriage w/NSO thus she was able to get a CENOMAR) hurt her when these would exactly straighten the mistake in the BC?

she did get a cenomar. proof is she passed her K1 visa application, and at the time too when NSO verification was done to double check people's documents.

since all she did for her son's applications is send docs she had, hoping they would suffice, i don't she did any misrepresentation.

USCIS just needs to see proofs that would explain why she won't be able to get an annulment decree or death cert, 0-because whereas the BCs show she was married, she was not. and whereas marriage presumes that w/the absence of a divorce/annullment decree, two married parties are still staying together, they were not.

She needs a lawyer to make the affidavit of explanations. We'll see if satisfy the USCIS.

Life is not a granting factory, according to my colleague.

Link to comment
Share on other sites

Filed: Timeline
Thank you so much for your idea. There was no records in any places in the Phils that we were married. The date and place of marriage was only "gawa-gawa lng. When we applied for the kid's passport DFA asked why me and kids have different maiden name coz i was using my single name and the kids in their father's name.Even when i had my interview at the embassy with my K1 i only showed an affidavit of illegitimacy( which i have the latest also authenticated by DFA here in Washington D.C).

About the SOlo parent ID.. i tried that with DSWD but my ID was already expired and not sure if i can renew it now that i am already here since DSWD will not let me renew coz am no longer a solo parent since i got married to my husband now(petitioner).

Also i heared about Affidavit of Fictitious MArriage which I also wanna try since annotation of BC might take longer.I was thinking if the US embassy and DFA accepted my Affidavit of illigitimacy and my CENOMAR proved that i was not married to the ex then it might help.

But i will really try and find out how much it cost for annotation. Thanks really so much.

you could get a CENOMAR (certificate of no marriage) thru NSO philippines, that may help.....

Link to comment
Share on other sites

Like i said..everytime the BC's are presented there was always the supporting affidavit of explanation to explain what was on the BC and US immigration had that file since K1 for me to be approved of the K1.

There is no harm in trying..i had talked to fellow pinays who are in the same boat and was able to solve this situation.But i do appreciate your time.

Thank you Zenden you give me hope. God bless!

you're very much welcome. just do all you can on your side, pray pray pray. whatever the outcome, what's impt is you do what you can.

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

Link to comment
Share on other sites

To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

I don't see NutMagnet's post as passing judgment on you. He or she is simply offering a view that an objective person may make.

Just because it is common in the Philippines to provide false information on a child's birth certificate about the parents' marital status does not mean that it is not a lie. If you provided the information and you did so knowing that it was incorrect, then you lied. You need to accept responsibility for your current situation by acknowledging that you made a mistake. You need to focus on how to fix that mistake. Getting corrected birth certificates and giving USCIS a reasonable explanation is your only hope to correct your mistake. Lies such as the father's family gave the information to the hospital will only hurt you. While Zen Den may mean well, the suggestion that "1) the marriage info was an error (something like saying that someone on the father's side at the time supplied the info for their gain w/out your knowledge) in a statement you can then tie this info to the fact that NSO/your city/no church in your city has any record whatsoever of a marriage bet you and the kids' father, and that you were able to get a CENOMAR" will only hurt you. Do not make further misrepresentations to USCIS. Sending them birth certificates that contain information you know to be false is misrepresentation that could be the basis to deny the application. At this point, you need to correct the birth certificates and basically hope that USCIS uses its discretion to approve the cases for your children despite the initial misrepresentation.

what do you mean by getting the kids' BC's corrected, other than getting requesting for a correction with her local registrar?

why would getting certifications for facts (that there is indeed no record of the marriage w/NSO thus she was able to get a CENOMAR) hurt her when these would exactly straighten the mistake in the BC?

she did get a cenomar. proof is she passed her K1 visa application, and at the time too when NSO verification was done to double check people's documents.

since all she did for her son's applications is send docs she had, hoping they would suffice, i don't she did any misrepresentation.

USCIS just needs to see proofs that would explain why she won't be able to get an annulment decree or death cert, 0-because whereas the BCs show she was married, she was not. and whereas marriage presumes that w/the absence of a divorce/annullment decree, two married parties are still staying together, they were not.

She needs a lawyer to make the affidavit of explanations. We'll see if satisfy the USCIS.

of course she does, it's a given when you're doing an affidavit that you want to be considered legal doc

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

Link to comment
Share on other sites

1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

I am familiar with this sort of situation.

You have received RFE's for the I-130 Petitions you submitted in behalf of your kids. In applying, you needed to send copies of their Live Births to the USCIS. Copies of those documents will forever remain in your A# file.

According to your posts, your kids' Live Birth's list a Place and Date of Marriage of Parents, although you claim to have never really been married to the kids' father, even though it says so on the kid's live birth's. Most likely born after 1988 when legitimacy was no longer such an embarrassment.

You have presented those falsified public documents to the Philippine Government (DFA, etc.) for their passports, and also to the USCIS with the intent to gain US immigration benefits for the kids, I-130.

One of the major reasons why they are asking for death/annulment papers is to verify that your previous marriage, as stated on the kids' live birth's, was legally dissolved prior to marrying your American husband on a K-1 Visa. Without evidence of that "fake" marriage being dissolved, you are under suspicion of bigamy.

Its going to be difficult, if not impossible to convince the USCIS to accept any valid reason why there is a marriage listed on your kid's live birth's when no marriage occurred.

In explaining so, you will admitting to estafa falsification of public document. Your kid's passports were derived from those falsified documents. USCIS can not accept them has they were issued based on falsified documents.

In lieu of this willful and fraudulent misrepresentation, the I-130's for your kids will be denied. You could face removal proceedings for immigration fraud - submitting known "fake" documents to the USCIS with the intent to gain immigration benefits for your kids and misrepresenting a material fact.

There was no legal requirement to fill up that line on the kids' Live Births. I feel sorry for when they grow up and realize that their parents lied on their permanent records. Why is Manila regarded as a high fraud embassy?

Ignoring these RFE's and allowing the I-130's to expire, fixing the Live Birth's in the Philippines, and then filing I-130's again will only open up your same A# file where the copies of their old Live Birth's and unanswered RFE's are, making it clear that the original submissions of their Live Birth's were falsified. All of which you swore to be true and correct at the time of original filing.

Having a clean CENOMAR simply means that there are no likely matches for your name on file at the NSO.

They also know that documents, most especially marriage documents can easily be arranged to "disappear" from the archives of the NSO and LCR.

What are they supposed to believe, that you were lying then, or lying now?

It is a moot point to fix their live birth's with annotations and supporting affidavits as you have already submitted copies of their real live births to the USCIS under oath as being true and correct. Covering it all up simply illustrates the original fraud.

Good Luck.

NM

:wow:

To NUtmagnet

Thank you for ur reply. I am here to get opinion not to be judge by my mistake. This is a very common scenarion in the Philippines and I did not lie about the kid's Birth Certificate.. even in my K1 always have the affidavit of explanation why the kid's birth certificate is such and such.

US embassy and DFA accepted that and my CENOMAR as well. If it's not accepted then i wont be granted the visa. Also if i am only after immigration purposes why would i wait now to get my kids? I could have brough them on my K2 visa when i come here.

From the very beginning when i had my interview at USEM i was asked why the children's BC has date and place of marriage and i answered them honestly even in getting the kids passport with the support of the affidavit why such and such appeared in the Birth Certificate.

I do hope USCIS will accept the same explanation with the support of my CENOMAR and affidavits.

I don't see NutMagnet's post as passing judgment on you. He or she is simply offering a view that an objective person may make.

Just because it is common in the Philippines to provide false information on a child's birth certificate about the parents' marital status does not mean that it is not a lie. If you provided the information and you did so knowing that it was incorrect, then you lied. You need to accept responsibility for your current situation by acknowledging that you made a mistake. You need to focus on how to fix that mistake. Getting corrected birth certificates and giving USCIS a reasonable explanation is your only hope to correct your mistake. Lies such as the father's family gave the information to the hospital will only hurt you. While Zen Den may mean well, the suggestion that "1) the marriage info was an error (something like saying that someone on the father's side at the time supplied the info for their gain w/out your knowledge) in a statement you can then tie this info to the fact that NSO/your city/no church in your city has any record whatsoever of a marriage bet you and the kids' father, and that you were able to get a CENOMAR" will only hurt you. Do not make further misrepresentations to USCIS. Sending them birth certificates that contain information you know to be false is misrepresentation that could be the basis to deny the application. At this point, you need to correct the birth certificates and basically hope that USCIS uses its discretion to approve the cases for your children despite the initial misrepresentation.

what do you mean by getting the kids' BC's corrected, other than getting requesting for a correction with her local registrar?

why would getting certifications for facts (that there is indeed no record of the marriage w/NSO thus she was able to get a CENOMAR) hurt her when these would exactly straighten the mistake in the BC?

she did get a cenomar. proof is she passed her K1 visa application, and at the time too when NSO verification was done to double check people's documents.

since all she did for her son's applications is send docs she had, hoping they would suffice, i don't she did any misrepresentation.

USCIS just needs to see proofs that would explain why she won't be able to get an annulment decree or death cert, 0-because whereas the BCs show she was married, she was not. and whereas marriage presumes that w/the absence of a divorce/annullment decree, two married parties are still staying together, they were not.

When you supply USCIS with a document with information that you know to be false - that is misrepresentation. Please look up the definition of misrepresentation. Misrepresentation is giving information to another that you know to be false as the truth. Here, the OP gave USCIS birth certificates with information that she knew was false and represent it to be true. When she sent in the birth certificates, she assert them to be true.

:wow:

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

Link to comment
Share on other sites

  • 2 years later...
Filed: K-1 Visa Country: Philippines
Timeline

Hello fellow members,

Please am begging for your help and any advice you can give me. I badly need it as i really don't know what to do.

Here is the scenario:

A - Petitioner-USC husband

B - Beneficiary of the I-130 filed-My 2 kids (as husband's stepchildren)

C - I Came here on a K1 visa (2007) and just filed my Removal in July '2009

D- Never married to the father of my kids but father's name was in my kid's Birth Certificate.

Now I just got an RFE letter from USCIS and this is what it says:

The petitioner is seeking to establish a qualifying relationship based on a stepparent/stepchild relationship,Since a step relationship is based upon a marriage that would create the step-relationship, the marriage in question must be valid for immigration purposes to establish the claimed relationship, the petitioner must submit the ff. evidence:

To establish the claimed step-relationship,submit all divorce and death certificates issued by the civil authorities that terminated the marriage between the benefeciary and natural parents.

1.ANNULLMENT/DEATH DECREE- Submit a legible final certified copy and certified English translation of the annulmment or death issued by the civil authoritied that terminated between: _____(my name)and_____(Kid's father's name).

2.Foreign Language Documents -Any documents containing a language other than english must be submitted with afull english language translation.

Plsss.. am begging for your ideas especiall to my fellow pinays who have been through this same situation.

My questions are:

1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

2.How will i get a death decree?- I have no idea if the father of my kids is still alive or where he is and never plan to keep in touch with him at all. he was out of the picture since our 2nd child was born in(2001).

3. When hubby filed K1 for me in 2006..I submitted a CENOMAR or certificate of no marriage proving that even though i have kids i was not married to the father of the kids?That is why i was issued a K1 visa with no problem.

4. My 11 yr.old got a Phil.passport with no problem just showing DFA the CENOMAR. and my 8 yr old son just filed for his passport as well and is scheduled to pick up his passport this OCt.21. and Department of Foreign Affairs in Manila asked for my latest CENOMAR( August 2009) and it shows that I am married to my husband now who is the petitioner for my kids.THe CENOMAR never showed any previous marriages coz like i said i was not.

5.I got 2 same RFE's for my 2 kids.What do i need to do andwhat documents do i need to submit to the USCIS??

I was thinking i may need some kind of affidavit stating that the marriage on the BC of my kids was fictitious or something like fake..would this be enough or valid? If so where will i get it ?Can i make it on my own and have it notarized or it should be from the Phils.signed by the kid's father?

Please... I need your help .Thank you very much in advance.

Hi! Happywifeymom;

it is only now that i saw your post. I have a friend who is in the same predicament , any update on how you fixed the papers of your children?

God Bless

Magmay06

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline

Hello fellow members,

Please am begging for your help and any advice you can give me. I badly need it as i really don't know what to do.

Here is the scenario:

A - Petitioner-USC husband

B - Beneficiary of the I-130 filed-My 2 kids (as husband's stepchildren)

C - I Came here on a K1 visa (2007) and just filed my Removal in July '2009

D- Never married to the father of my kids but father's name was in my kid's Birth Certificate.

Now I just got an RFE letter from USCIS and this is what it says:

The petitioner is seeking to establish a qualifying relationship based on a stepparent/stepchild relationship,Since a step relationship is based upon a marriage that would create the step-relationship, the marriage in question must be valid for immigration purposes to establish the claimed relationship, the petitioner must submit the ff. evidence:

To establish the claimed step-relationship,submit all divorce and death certificates issued by the civil authorities that terminated the marriage between the benefeciary and natural parents.

1.ANNULLMENT/DEATH DECREE- Submit a legible final certified copy and certified English translation of the annulmment or death issued by the civil authoritied that terminated between: _____(my name)and_____(Kid's father's name).

2.Foreign Language Documents -Any documents containing a language other than english must be submitted with afull english language translation.

Plsss.. am begging for your ideas especiall to my fellow pinays who have been through this same situation.

My questions are:

1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

2.How will i get a death decree?- I have no idea if the father of my kids is still alive or where he is and never plan to keep in touch with him at all. he was out of the picture since our 2nd child was born in(2001).

3. When hubby filed K1 for me in 2006..I submitted a CENOMAR or certificate of no marriage proving that even though i have kids i was not married to the father of the kids?That is why i was issued a K1 visa with no problem.

4. My 11 yr.old got a Phil.passport with no problem just showing DFA the CENOMAR. and my 8 yr old son just filed for his passport as well and is scheduled to pick up his passport this OCt.21. and Department of Foreign Affairs in Manila asked for my latest CENOMAR( August 2009) and it shows that I am married to my husband now who is the petitioner for my kids.THe CENOMAR never showed any previous marriages coz like i said i was not.

5.I got 2 same RFE's for my 2 kids.What do i need to do andwhat documents do i need to submit to the USCIS??

I was thinking i may need some kind of affidavit stating that the marriage on the BC of my kids was fictitious or something like fake..would this be enough or valid? If so where will i get it ?Can i make it on my own and have it notarized or it should be from the Phils.signed by the kid's father?

Please... I need your help .Thank you very much in advance.

Hi! Happywifeymom,

How have you been able to solve the problem of having a date of marriage on your kid's birth cert. Does the CENOMAR and the Proof of no Marriage Cert that you get from the Civil Registry suffice?

I would appreciate it very much if you will be able to answer my question. thank you!! Good luck!!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...