Got NOA 2 annulment of marraige not over yet

[Harsh_77 716]

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.

Thats a blatant lie and mis-representation..........she does not even have excuse she forgot about it.

As annulment was still in progress..... she should had clearly mentioned on her paper work she is divorced / seperated which she did not do on purpose and marked as single.

[Harsh_77 716]

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.

No its not only a catholic thing, any marriage could be nulled based on the criteria set by local rules and regulation.

The only diff is in Annulment - parties have to prove that legal marriage never happen, while in divorce the marriage was legal but now paries wish to terminate it.

For purpose of visa either Annulment or Divorce have to be completed and clear documentation is required showing now both parties are eligible for marriage.

Until the Annulment process is completed, both parties are still considered married.

[Harpa Timsah 13,258]

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.

I believe the person in this case is in the Philippines, and from what I understand, Philippines does not recognize divorce at all -only annulment. That is why. For any country that recognizes divorce as the dissolvement of a marriage, divorce will be fine. Philippines, however, only does annulment.

[Gary and Alla 3,694]

I believe the person in this case is in the Philippines, and from what I understand, Philippines does not recognize divorce at all -only annulment. That is why. For any country that recognizes divorce as the dissolvement of a marriage, divorce will be fine. Philippines, however, only does annulment.

That is correct. There is no divorce in the Philippines. She was NOT "free to marry" when they filed the petition. It is visa fraud.

[pushbrk 12,093]

In this case, the falsely filed petition should be withdrawn before a finding of misrepresentation can occur. Then, they start over again with a new petition. If they proceed with the process now, the best possible outcome is a visa denial followed by a new petition and successful second try. The worst and more likely outcome is a denial with a finding of material misrepresentation resulting in a lifetime ban from entering the USA. Lying on immigration forms is an extremely serious matter.

[Otto 83]

** Topic got a little side tracked so I've split off several posts into their own topic. Where the new (split) topic went.

[maryl 2]

In this case, the falsely filed petition should be withdrawn before a finding of misrepresentation can occur. Then, they start over again with a new petition. If they proceed with the process now, the best possible outcome is a visa denial followed by a new petition and successful second try. The worst and more likely outcome is a denial with a finding of material misrepresentation resulting in a lifetime ban from entering the USA. Lying on immigration forms is an extremely serious matter.

He read all the replies here. He already try to withdraw the petition. They got the NOA 2 a week ago. Is there enough time to withdraw it without them finding of misrepresentation?

[pushbrk 12,093]

He read all the replies here. He already try to withdraw the petition. They got the NOA 2 a week ago. Is there enough time to withdraw it without them finding of misrepresentation?

I think so but not certain. However, proceeding with the process will assure a misrepresentation finding.

[marklovetina 52]

that's ok... after the annulment done and when they re-file the K1 just make a waiver req. and include the docs. from the annulment.. that's what we did... and for second time around we are approved with no rfe.. and now i have my eligible letter from the US embassy stating that i can have my med. and interview.. BTW, i already passed the med. :dance: ...

dont worry i know someone (member of VJ) here who was denied bcoz she proceed to her interview tho she was married before but her visa category is K1.. she was denied and repeat again.. but on the second filing they got approved and now she is in the USA... what important is tell ur friend to withdraw the petition... and you are free to re-file...