Got NOA 2 annulment of marraige not over yet

[maryl 2]

It is my friends situation. They got a NOA 2 already and the annulment of previous marraige is not over yet, what will happend to the K1 petition? But if the annulment made it before the interview, is there a big chance that she will get a K1 visa? If she got denied to get a K1 visa, the USC fiance can still petition her again after she got her marraige annuled? I appreciate any help and advice. Thanks in advance.

[Harpa Timsah 13,258]

Both parts of the couple need to be free to marry when they send in the petition. This couple was not free to marry when they sent in the petition. I believe the petition should have been denied, but they will be denied at the consulate. It doesn't matter if they get it annulled before the interview. They will have to re-petition when they are both free to marry.

[Gary and Alla 3,694]

It is my friends situation. They got a NOA 2 already and the annulment of previous marraige is not over yet, what will happend to the K1 petition? But if the annulment made it before the interview, is there a big chance that she will get a K1 visa? If she got denied to get a K1 visa, the USC fiance can still petition her again after she got her marraige annuled? I appreciate any help and advice. Thanks in advance.

How did they get a petition approved without being free to marry when they sent the petition? Was her previous marriage reported on the petition?

Your friend's visa will be denied and the petition will be sent back with a recommendation to revoke the approved petition and they will have to start over.

[maryl 2]

How did they get a petition approved without being free to marry when they sent the petition? Was her previous marriage reported on the petition?

Your friend's visa will be denied and the petition will be sent back with a recommendation to revoke the approved petition and they will have to start over.

The USC fiance is my friend and he didn't know about it. Her previous marriage was not reported on the petition. She won't be ban to inter the US because she did not reported her previous marriage on the petition? She said she's single on the petition.

[belinda63 2,981]

From the Department of State website regarding K-1 petition Both the U.S. citizen and the K-1 visa applicant must have been legally free to marry at the time the petition was filed and must have remained so thereafter.

From the I-129...

Question 10 Name of Former Spouses and Date marriage ended. So how was this question answered? If it was left blank that is making a false statement. If a spouse's name was provided then proceed to the next step...

From the instructions for the form

5. What documents do you need to prove that you can legally marry?

D. If either you or your fiance were married before, give copies of of documents showing that each prior marriage was legally terminated.

They did not meet the requirements to file the petition for the K-1 visa and it will be denied.

[LIFE'SJOURNEY 970]

If she indicated that she is single, then she has mis-represent her self. This could be looked at as FRAUD.

[maryl 2]

If she indicated that she is single, then she has mis-represent her self. This could be looked at as FRAUD.

So, what's the penalty of mis-represent her self and FRAUD?

[LIFE'SJOURNEY 970]

No visa and when she re-file she may need a wavier. Try to pull the application before it gets to the embassy.

Edited April 26, 2011 by LIFE'SJOURNEY

[marklovetina 52]

right! been here.. pls. check my timeline on my about me page.. it will be a red flag if they will continue it and possible of denial...

tina

[maryl 2]

right! been here.. pls. check my timeline on my about me page.. it will be a red flag if they will continue it and possible of denial...

tina

I can see that you are in the same situation. Was your previous marriage reported on the petition? Did you sent the petition before you got your annulment?

[marklovetina 52]

like what other said.. if u reported on the petition that u are married then u will be deny.. but if not then u will get approve... FYI, only the petitioner is being investigated here not the beneficiary BUT when u get approved then the beneficiary will be investigated by the US embassy.. so if ur friend's annulment is not done yet then she will get deny on her interview at the embassy.. she cant tell the embassy to wait for her annulment bcoz its on goin... and even she wait for her annulment be done before her interview then she will get a red flag... possible of denial still.. information on the date of filing and the date of the annulment was granted will be conflicting..

best to withdraw and start all over again... that is the best thing ur friend can do...

tina

[Gary and Alla 3,694]

The USC fiance is my friend and he didn't know about it. Her previous marriage was not reported on the petition. She won't be ban to inter the US because she did not reported her previous marriage on the petition? She said she's single on the petition.

That is material misrepresentation. Visa fraud. If found out...and they WILL...she will be denied the visa and barred from any future visas.

I suggest they withdraw the petition now, wait until she is anulled or divorced or whatever and refile a new petition. Even if she gets the visa she could have problems with AOS or removal of conditions later.

like what other said.. if u reported on the petition that u are married then u will be deny.. but if not then u will get approve... FYI, only the petitioner is being investigated here not the beneficiary BUT when u get approved then the beneficiary will be investigated by the US embassy.. so if ur friend's annulment is not done yet then she will get deny on her interview at the embassy.. she cant tell the embassy to wait for her annulment bcoz its on goin... and even she wait for her annulment be done before her interview then she will get a red flag... possible of denial still.. information on the date of filing and the date of the annulment was granted will be conflicting..

best to withdraw and start all over again... that is the best thing ur friend can do...

tina

You must be eligible to marry BEFORE you file the petition. she was not. She is not eligible for a visa on this petition. If they proceed, it is fraud. Plain and simple.

[maryl 2]

That is material misrepresentation. Visa fraud. If found out...and they WILL...she will be denied the visa and barred from any future visas.

I suggest they withdraw the petition now, wait until she is anulled or divorced or whatever and refile a new petition. Even if she gets the visa she could have problems with AOS or removal of conditions later.

You must be eligible to marry BEFORE you file the petition. she was not. She is not eligible for a visa on this petition. If they proceed, it is fraud. Plain and simple.

My friend and I need a serious talk about this matter. Very clear and very good advice. Thank you so much guys.

[Kimchimex 8]

A divorce decree is different than annulment? right? You can be free to marry & not get an annulment...just saying there might be a difference. I thought annulment was a Catholic thing.

[uverseman 5]

I am assuming this is in Philippines. When she goes to the embassey for interview she will need to get her Certificate of No Marriage or the CENOMAR from the NSO proving she is single.. If a person is anulled already as my fiancee is, then she will take the courts anulement documents and the annotation of the voided marriage from the NSO also. They better pull it before it gets approved and wait. She WILL need copy from NSO to prove single, but since she was married there will be nothing to that effect, even after anulled at the NSO.