Need help with annulment concern

[anoras87 9]

hi, i need some advice.to start with. the heading of this topic is to only catch the attention. i did not kill my fiancee for the record.

please help me with the girlfriends situation.

She was married before to an american while she was working in korea. They got married in korea.

he got her a visa because of that. but the marriage did not last for long and she went back to phil.

before they have filed the divorce, the ex husband luckily have processed her immigrant visa.

while she was in the philippines and did not know that she has an ongoing immigrant visa, she got married

again here in phil to a filipino. the marriage did not last very long, for only days ( i know it sounds very ridiculous )

she left thet guy. and few days after that, she learned that she already have an immigrant status..

she flew back in the US. she then again got married even if she was still married in the phil.

the relationship lasted for 9 years.. they got separated and filed a divorce. technically shes now single in the US

but she has also an ongoing annulment case in the philippines for almost 10 years now.

the anulment process is almost at the end but we felt that the ground for nullity is very suttle.

i would like to ask your opinion regarding this sensitive matter., Just in case that her anulment will be deny,

can she still be able to petition me via fiancee visa to the US knowing that she is technically divorced in the US but has a valid marriage her in phil?

please ,,,give me your suggestions and opinions...every opinion is highly appreciated.... thanks.

[ghanagal 2]

Hmm I dont think so if they find out she is still married in the Phillipines, I think you would be denied. You should consult and immigration attorney. Call Marc Ellis, he is good with denials and complex issues. www.marcellislaw.com

Good luck to you

[marriedtomrg 141]

Without an annulment in the Philippines, your fiancee would not be considered free to marry you, even though she is divorced in the U.S.

One question: Did she initiate the divorce to her U.S. husband or did he start the process?

hi, i need some advice.to start with. the heading of this topic is to only catch the attention. i did not kill my fiancee for the record.

please help me with the girlfriends situation.

She was married before to an american while she was working in korea. They got married in korea.

he got her a visa because of that. but the marriage did not last for long and she went back to phil.

before they have filed the divorce, the ex husband luckily have processed her immigrant visa.

while she was in the philippines and did not know that she has an ongoing immigrant visa, she got married

again here in phil to a filipino. the marriage did not last very long, for only days ( i know it sounds very ridiculous )

she left thet guy. and few days after that, she learned that she already have an immigrant status..

she flew back in the US. she then again got married even if she was still married in the phil.

the relationship lasted for 9 years.. they got separated and filed a divorce. technically shes now single in the US

but she has also an ongoing annulment case in the philippines for almost 10 years now.

the anulment process is almost at the end but we felt that the ground for nullity is very suttle.

i would like to ask your opinion regarding this sensitive matter., Just in case that her anulment will be deny,

can she still be able to petition me via fiancee visa to the US knowing that she is technically divorced in the US but has a valid marriage her in phil?

please ,,,give me your suggestions and opinions...every opinion is highly appreciated.... thanks.

[anoras87 9]

Without an annulment in the Philippines, your fiancee would not be considered free to marry you, even though she is divorced in the U.S. 

One question: Did she initiate the divorce to her U.S. husband or did he start the process?

yes it was her who initiate the divorce. currently she is divorce. my follow up question is. since she is divorced now in the US, can she file a divorce to her husband her in phil since divorce made by a foreigner is legit and will be acknowledged. ? the only glitch is that, if she file a divorce with her husband her in phil knowing that she was married during those times....

[Aztec&Taino 144]

hi, i need some advice.to start with. the heading of this topic is to only catch the attention. i did not kill my fiancee for the record.

please help me with the girlfriends situation.

She was married before to an american while she was working in korea. They got married in korea.

he got her a visa because of that. but the marriage did not last for long and she went back to phil.

before they have filed the divorce, the ex husband luckily have processed her immigrant visa.

while she was in the philippines and did not know that she has an ongoing immigrant visa, she got married

again here in phil to a filipino. the marriage did not last very long, for only days ( i know it sounds very ridiculous )

she left thet guy. and few days after that, she learned that she already have an immigrant status..

she flew back in the US. she then again got married even if she was still married in the phil.

the relationship lasted for 9 years.. they got separated and filed a divorce. technically shes now single in the US

but she has also an ongoing annulment case in the philippines for almost 10 years now.

the anulment process is almost at the end but we felt that the ground for nullity is very suttle.

i would like to ask your opinion regarding this sensitive matter., Just in case that her anulment will be deny,

can she still be able to petition me via fiancee visa to the US knowing that she is technically divorced in the US but has a valid marriage her in phil?

please ,,,give me your suggestions and opinions...every opinion is highly appreciated.... thanks.

Tricky way to get our attention...

Anyway, the real question is: What is your fiancee's US immigration status as of now? Since she has been in the US for so long and married to an American, what happened to her immigration process? If she is now a legal permanent resident, then she can finish getting divorced and you guys can marry without having to do a fiancee visa if she is here under legal status as a permanent resident. If she did not follow up on completing needed forms to be current with her immigration status she may now be living in the US ilegally... For which you would sure need the advice of an experienced immigration lawyer to help you sort things out.

[anoras87 9]

Tricky way to get our attention...

Anyway, the real question is: What is your fiancee's US immigration status as of now? Since she has been in the US for so long and married to an American, what happened to her immigration process? If she is now a legal permanent resident, then she can finish getting divorced and you guys can marry without having to do a fiancee visa if she is here under legal status as a permanent resident. If she did not follow up on completing needed forms to be current with her immigration status she may now be living in the US ilegally... For which you would sure need the advice of an experienced immigration lawyer to help you sort things out. 

she is now an american citizen...... she is legitimately living in US... will that help?

[belinda63 3,053]

There are a few problems here if I read this right.

She married an American and obtained a green card that way. Was it a 2 year conditional green card?

Meanwhile they divorced and she married in the Philippines to a non-American.

Then she left him while still legally married to him and came to the US.

While here she married an American while still legally married to the second husband. Is this correct?

How did she obtain her 10 year green card and how did she obtain her citizenship? Specifically did she obtain the 10 year green card by filing Removal of Conditions based upon her first marriage or the not legal third marriage? Did she obtain her citizenship less than five years after she became an LPR, ie. based upon her marriage to a citizen rather than the standard five year wait?

I ask these questions because if I understand correctly there could be very serious ramifications for her in regards to her status here in the US. As I read it her third marriage was never a legal marriage since she was already married to someone else. Married is married whether it happened in the US or in Timbuktu. You can't be married in one country and not married in another, at least not as far as the US is concerned.

Thus first if she either obtained her 10 year green card or her citizenship based upon her third marriage (to the second American citizen) she obtained it fraudulently since she was never legally married to him. Second if she failed to disclose her second marriage on any immigration documents she is guilty of misrepresentation and could lose her citizenship.

She really, really needs to talk to an immigration attorney.

[gap1 21]

Great subject line.

[anoras87 9]

here are a few problems here if I read this right.

She married an American and obtained a green card that way. Was it a 2 year conditional green card?

Meanwhile they divorced and she married in the Philippines to a non-American.

Then she left him while still legally married to him and came to the US.

While here she married an American while still legally married to the second husband. Is this correct?

How did she obtain her 10 year green card and how did she obtain her citizenship? Specifically did she obtain the 10 year green card by filing Removal of Conditions based upon her first marriage or the not legal third marriage? Did she obtain her citizenship less than five years after she became an LPR, ie. based upon her marriage to a citizen rather than the standard five year wait?

I ask these questions because if I understand correctly there could be very serious ramifications for her in regards to her status here in the US. As I read it her third marriage was never a legal marriage since she was already married to someone else. Married is married whether it happened in the US or in Timbuktu. You can't be married in one country and not married in another, at least not as far as the US is concerned.

Thus first if she either obtained her 10 year green card or her citizenship based upon her third marriage (to the second American citizen) she obtained it fraudulently since she was never legally married to him. Second if she failed to disclose her second marriage on any immigration documents she is guilty of misrepresentation and could lose her citizenship.


She really, really needs to talk to an immigration attorney. 
0 

this is how i understand my fiancee's explaination. i admit i wrote something which were misinterpreted because i used the wrong words..

to be clear. : here we start. she got married to a filipino citizen. year 2001 after one day. they separate ways. she flew to korea in the same year.. for three years in korea, she met an american. got married in korea by 2004. got her k3 visa because of the marriage in korea. she thought her marriage in the philippines is void because they never lived together. day after the marriage they separate ways.. too personal to disclose tho. she got her immigrant status at the same year of her marriage to the american citizen which is 2004. she flew to USA by 2005 and stayed there till now she came home at the same year (2005 to file an anulment because she learned that the marriage was not void. depsite the fact that she was already married to an american citizen. ... they were married for almost 6 years. they divorced 3 months ago. currently, the anulment is still on going... that is the whole scenario. forgive for misleading some details..

my question is. now that she is an american citizen, and would want to marry me. can she file a fiancee visa for me to come to the USA?

next question: 3 months ago, she had her divorce decree to her american husband. can she file another divorce to her filipino husband here in phil since divorce made by a foreign citizen is acknolwedge in our country and dismissed the anulment case..

i know tis is very very tricky.. please do tell me the odds... backdoor, indoor, outdoor.. if u know what i mean..

[gap1 21]

My head hurts after reading that.

[belinda63 3,053]

Ok so she was married to another person prior to marrying either American citizen? Then neither of those marriages were valid and she obtained her green card and citizenship by misrepresentation. If anyone in the immigration process anywhere at any time discovers she was never legally married to either American she will most likely lose her citizenship.

Now since she has already misrepresented herself on several sets of official documents which have severe warnings about making false statements, the question is how will she explain her prior and current marriages on the application for you?

As a citizen she is entitled to petition for a fiance visa for you BUT she really needs to consult with an attorney as to how her prior misrepresentation will be explained on the application. It asks for all prior marriages along with the dates and the paperwork to prove she is divorced/annulled. How does she intend to explain "well I was already married when I married a US citizen and obtained my green card and them later my citizenship by virtue of my illegal marriage"?

[anoras87 9]

Ok so she was married to another person prior to marrying either American citizen? Then neither of those marriages were valid and she obtained her green card and citizenship by misrepresentation. If anyone in the immigration process anywhere at any time discovers she was never legally married to either American she will most likely lose her citizenship.

Now since she has already misrepresented herself on several sets of official documents which have severe warnings about making false statements, the question is how will she explain her prior and current marriages on the application for you?

As a citizen she is entitled to petition for a fiance visa for you BUT she really needs to consult with an attorney as to how her prior misrepresentation will be explained on the application. It asks for all prior marriages along with the dates and the paperwork to prove she is divorced/annulled. How does she intend to explain "well I was already married when I married a US citizen and obtained my green card and them later my citizenship by virtue of my illegal marriage"? 

thank you so much for proving a point.. now tell me. what should be the best thing i should do?

[belinda63 3,053]

Contact an immigration attorney. This is beyond the scope of anyone here.

[Kathryn41 3,205]

I have edited the topic title to reflect more accurately the topic concern. While I can appreciate the OP wanted to attract readers, posting a sensationalized false title is inappropriate and insulting to the readers - as well as to the OPs fiancee.

[asianmom 0]

hi, i need some advice.to start with. the heading of this topic is to only catch the attention. i did not kill my fiancee for the record.

please help me with the girlfriends situation.

She was married before to an american while she was working in korea. They got married in korea.

he got her a visa because of that. but the marriage did not last for long and she went back to phil.

before they have filed the divorce, the ex husband luckily have processed her immigrant visa.

while she was in the philippines and did not know that she has an ongoing immigrant visa, she got married

again here in phil to a filipino. the marriage did not last very long, for only days ( i know it sounds very ridiculous )

she left thet guy. and few days after that, she learned that she already have an immigrant status..

she flew back in the US. she then again got married even if she was still married in the phil.

the relationship lasted for 9 years.. they got separated and filed a divorce. technically shes now single in the US

but she has also an ongoing annulment case in the philippines for almost 10 years now.

the anulment process is almost at the end but we felt that the ground for nullity is very suttle.

i would like to ask your opinion regarding this sensitive matter., Just in case that her anulment will be deny,

can she still be able to petition me via fiancee visa to the US knowing that she is technically divorced in the US but has a valid marriage her in phil?

please ,,,give me your suggestions and opinions...every opinion is highly appreciated.... thanks.

You should ask a lawyer regarding your question here is a website that can help you solve your problem

http://famli.blogspot.com/2005/12/divorce-obtained-abroad-by-filipino.html