Need help with annulment concern

[leahandlucas 15]

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

You gotta be CRAZY...that WON'T help her "solve her problem" at all...not even a lawyer will by the looks of things...

[bestofboston 36]

When she goes for an interview, she is required to bring a copy from the Philippines NSO stating that she is divorced because her marriage to a Filipino is recorded on the Philippine national level and the divorce from that person must also be recorded at the NSO.

How did she ever get away with it when she married the second American is the question. Maybe the record keeping has changed in the Philippines since her marriage to the Filippino man. Because she was still married to a Filippino man at the time she was married to an American makes that marriage illegal. Because of that, it is very likely that she will be denied a K1 Visa because of comitting fraud. I agree with others that you will need an attorney for this one.

Good Luck

[Penguin_ie 5,999]

From my understanding, as she was still legally married to the Filipino when marrying the American, and got her immigration benefit through marriage to the American (a marriage which was not legal as she was already married), her US citizenship could be taken away, there is more at stake here than the K1.

Definitely lawyer time.

[Otto 83]

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

** Just as a brief reminder to all our members - we are all obligated to refrain from asking for and/or giving advice that may be deemed as 'illegal/fraudulent' - which may include 'back-door/indoor/outdoor' advice. That is not what we are about. Legal advice (such as what may be being requested here) should be sought from a qualified family-based immigration attorney.

Terms of Service

[Will Not] Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

[JimVaPhuong 4,864]

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..

This is specifically NOT what you said in your first post. You said she first married the American in Korea, divorced, returned the Philippines, married a Filipino and left him, and within days discovered she had a visa to the US. She then went to the US and married someone ELSE, even though she was still married in the Philippines, and that the marriage lasted nine years.

Now you're saying she married the Filipino BEFORE she went to Korea, married the American in Korea, and then came to the US with a K3 visa.

The events and the order they happened are critically important. If she obtained immigration benefits based on a marriage that was not valid then she could lose her US citizenship and be deported.

[anoras87 9]

* Just as a brief reminder to all our members - we are all obligated to refrain from asking for and/or giving advice that may be deemed as 'illegal/fraudulent' - which may include 'back-door/indoor/outdoor' advice. That is not what we are about. Legal advice (such as what may be being requested here) should be sought from a qualified family-based immigration attorney.

Terms of Service
[Will Not] Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. 

i apologize. those were written due to desperation. thank you so much for giving me enlightenment. thanks.

[Pinay Wife 47]

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..

1) The marriage to the Filipino in 2001 is valid.

2) The marriage to the American in 2004 is bigamous, therefore, null and void ab initio (from the very beginning) as far as Philippine laws are concerned. But marriage still need to be declared null and void by a Philippine court if she wants to get married in the Philippines again.

3) The US issued her an immigrant visa based on a marriage that is bigamous. However, she is a Filipino citizen who married an American citizen under Korean laws so, I don't know how the US government can untangle that international mess.

3) Since she is currently a US citizen, she can file for divorce against the Filipino husband. No need to seek annulment if next marriage will be solemnized in another country. If she is marrying in the Philippines, then Judicial Recognition of a Foreign Divorce Decree is required. Note, however, that once she files for another divorce, the US government will now know that she had overlapping marriages.

4) During the visa process, she will need to declare all her previous marriages and how those ended and the first marriage will surely come up. The US government will notice the overlapping marriages and could find your fiancee guilty of fraud or misrepresentation.

5) Sad to say but you and your fiancee need an immigration lawyer.

Edited September 19, 2010 by Pinay Wife

[leahandlucas 15]

This is specifically NOT what you said in your first post. You said she first married the American in Korea, divorced, returned the Philippines, married a Filipino and left him, and within days discovered she had a visa to the US. She then went to the US and married someone ELSE, even though she was still married in the Philippines, and that the marriage lasted nine years.

Now you're saying she married the Filipino BEFORE she went to Korea, married the American in Korea, and then came to the US with a K3 visa.

The events and the order they happened are critically important. If she obtained immigration benefits based on a marriage that was not valid then she could lose her US citizenship and be deported.

Something that has already been explained a 1000 times already *sigh*

[Fandango 1,440]

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.

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"?

You took all the words out of my mouth, thank you.

Edited September 19, 2010 by Happy Bunny

[-teRe- 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..

Good thing you clarified.

For your first question:

NO, She cannot file the fiancee visa because the purpose of the K1 visa is to eventually marry each other, she cannot marry you yet because she is not legally capacitated to do so as she suffers from the impediment of an existing aforesaid marriage. What she should do is to file a divorce in the US concerning her marriage to the Filipino, she can perfectly do this as she is now an american citizen. The Philippine courts will recognize this divorce decree abroad subject to proper proceedings for the recognition of a foreign judgment. It is only after the conclusion of the divorce proceedings and it's finality that she can now file a fiancee visa for you.

As regards your second question, i think i have touched this question on my previous discussion, anyways, YES, she can file a divorce decree in the US to severe her marriage with the Filipino, yes you are right too, our country recognizes the divorce decree obtained abroad by former Filipino citizens who become citizens of the other countries. There has been a lot of jurisprudence on this by our Supreme Court, so don't worry it can legally be done. YES, she can have the annulment proceedings dismissed here in our country, as you know it will really take long for an annulment case to get done. Have her counsel file a motion to dismiss the case and proceed with the divorce in the states, i'm pretty sure it's faster there. Don't think your case is complicated, you just need time to get it done. Hope i did some help to you. Ayos ba? Good luck!

[sara..... 371]

I hate attorneys after what was done to me so this really is some advise most will never see me give but.........

you need an attorney and not just any attorney don't go by the cheapest fees for an attorney for this case will have to be someone that is really reliable and knows the law not just someone that sends papers you do the work and they stuff it into the envelope and collect their fee

Good luck and i hope that everything turns out well for you

sara

[US_SL 2]

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.

You are wonderful! Hit the nail on the head. Keep up the good work.