Can she be deported when immigration find out her case?

[somsK! 0]

Not legally went to the court for proper annulment in the Philippines. Got married in the US with US citizen. US citizen for 15 years. Separated w/ US citizen husband but not divorced. Can she be deported when immigration find out her case? Is her marriage in the US considered illegal?

[zzzlpr 7]

Technically the Filipino and US government won't exchange information, so if no one notify US about her case nothing will happen.

However, she will have this hanging over her head forever, cause if ICE is notified about this they can pursue the case and she will be charged with fraud.

The husband must be careful cause he will be also charged unless he can prove that he did not know she was married, but I suspect he knew.

[ceadsearc 516]

How is she in the country? Does she have a green card? Did she lie? I'm not sure I totally understand the question. She was married, then had it legally annulled, then got remarried, and is now separated? None of that should be an issue unless she lied about it somewhere along the line.

[hikergirl 277]

I think the OP may have been saying that she did not legally get her annulment through the Phillipines court and therefore the marriage to the USC that brought her to the US was not legal.

If this is the case then yes she can be deported because she went to the US under fraudulent circumstances. This is my take on the situation anyways.

Edited December 7, 2011 by hikergirl

[TeapotGirl 66]

Not legally went to the court for proper annulment in the Philippines.

It depends what happened. So you are saying she acquired US citizenship through bigamous marriage?

US citizen for 15 years. Separated w/ US citizen husband but not divorced.

She is most likely not be granted with US citizenship if the Dept.of Homeland and Security will find out about her "lies."

Can she be deported when immigration find out her case?

She is already a USC...I am not sure.

Is her marriage in the US considered illegal?

1. Did she enter in the US through a petition to a USC?

2. Did she become USC on her own before marrying a USC?

3. Did she file a divorce before getting married?

[Hank_ 9,173]

... hmm, is it laundry day?

[somsK! 0]

Technically the Filipino and US government won't exchange information, so if no one notify US about her case nothing will happen.

However, she will have this hanging over her head forever, cause if ICE is notified about this they can pursue the case and she will be charged with fraud.

The husband must be careful cause he will be also charged unless he can prove that he did not know she was married, but I suspect he knew.

I see.. that would be the case.

who is ICE by the way..?

No. husband don't have any idea. Wife did not intentionally do it. Wife already a US citizen for 15 years with us citizen born child.

[Dave&Roza 748]

I see.. that would be the case.

who is ICE by the way..?

No. husband don't have any idea. Wife did not intentionally do it. Wife already a US citizen for 15 years with us citizen born child.

How long she is a citizen is not the issue, it is HOW she became a USC. If she became a USC by marrying her current husband and he petitioned for her then yes she has problems. If she had the first marriage annulled--not legally--and arrived into the US and became a citizen on her own and then married the current husband then there is no problem. It all depends on the HOW the citizenship was obtained.

Dave

[john_and_marlene 162]

There is not enough information here to make any determination.

Was her first marriage in the Philippines or elsewhere?

Was her first marriage to another Filipino?

Was her first marriage ended by divorce in another country?

If the first marriage was ended by a foreign divorce, who petitioned for the divorce--her or her previous husband?

Was the second marriage in the Philippines?

[Adriene H 89]

who is ICE by the way..?

U.S. Immigration and Customs Enforcement

[JLoiS 0]

uhmm.. thank you for all the comments.. I'm learning a lot here.

ANyway, Is there any possible way other than deportation? If in case she will be deported can she go back to the US again. Can she be petitioned by her US born child who is over 21?

[ceadsearc 516]

uhmm.. thank you for all the comments.. I'm learning a lot here.

ANyway, Is there any possible way other than deportation? If in case she will be deported can she go back to the US again. Can she be petitioned by her US born child who is over 21?

Without more information and answers to the questions above no one can tell you. Most likely she has no options, if in fact she committed bigamy and lied about it.

She needs a good immigration attorney, from the sounds of it.

[JLoiS 0]

uhmm.. thank you for all the comments.. I'm learning a lot here.

ANyway, Is there any possible way other than deportation? If in case she will be deported can she go back to the US again. Can she be petitioned by her US born child who is over 21?

[Darnell 8,478]

Perhaps move to a different country, like Canada ?

[zzzlpr 7]

uhmm.. thank you for all the comments.. I'm learning a lot here.

ANyway, Is there any possible way other than deportation? If in case she will be deported can she go back to the US again. Can she be petitioned by her US born child who is over 21?

Obviously this is not a legal advice, but the outcome of her being discovered is deportation and possibly more sanctions/penalties like if she used any government benefits (food stamps, etc.) they might sue her for them too.

Another likely sanction is banning her from 10 years to life, not to mention that being black listed means more hoops and suspicions at a possible future immigration process.

I would talk with a lawyer and would consider taking steps towards an annulment in Phils.