My cousin's very complicated process..we need your advice...

[beautyfilipina 0]

Hello VJ friends! I would like to share this complicated problem of my cousin and we need your advice...here's the story..

My cousin came to the US on tourist visa and married her American boyfriend whom she met online but she did not tell her American boyfriend that she is still married in the Philippines and was planning to get an annulment with her first husband.....Her American boyfriend ( whom I considered innocent about her background) all the while thought she is single.

He actually pursued with all the paperworks for her but the Immigration Officer at the USCIS office found out about my cousin's dishonesty and sent her back to the Philippines...

Now, my cousin is trying another visa ( either student visa or H1-B ) so that she can come back.... Will she be able to come back with a different kind of visa?

We adviced her to proceed with annulment first and then re-appeal to the USCIS ( which will cost a lot ) so that she can be legally married to him...is this a good decision?

Thank you VJ friends for any advice!

Edited October 9, 2012 by beautyfilipina

[danzz 11]

This is a very complicated case, with, from what I understand, fraud and deportation. Even if she gets an annulment now, gets married again and re-applies it's not going to be easy. She needs a lawyer.

[belinda63 2,981]

Highly unlikely she will ever obtain a non-immigrant visa as she has shown she has immigrant intent and will lie to obtain a green card.

Step one is to obtain the annulment and from my understanding this is not easily or quickly done in the Philippines. After she has the annulment completed then she can begin to think about finding someone to find to marry her. Appealing to USCIS is useless since she was never legally married to the U.S. citizen, therefore no grounds to appeal or reconsider.

[Tahoma 2,291]

Will she be able to come back with a different kind of visa?

It would be a snowy day in Manila before she ever got a work visa, a tourist visa, or a student visa.

Her only hope might be a fiancée visa or a spousal visa.

She had better get started on her annulment.

[Harsh_77 716]

You can always try but most likely to get any kinda of visa would be practically impossible.

The fraud and intent to get GC would always stay on her file.

She is not married to USC so she is not entitled to the benefits which are available for spouse of USC.

Her marriage to USC is void.

If the USC is still interested in her and wanting to spend some money, first step would be to annul the existing marriage in Philippines, than get married and then file for spousal visa.

[bsd058 296]

Does immigration forgive bigamy? I thought it was a crime of moral turpitude.

I got the below from: http://mpdtrainer.wordpress.com/immigration/crimes-involving-moral-turpitude/

Crimes Involving Moral Turpitude (CIMT) and Inadmissibility

An alien convicted of, or who admits having committed, or who admits committing acts which constitutes the essential elements of a crime involving moral turpitude (other than a purely political offense) or an attempt or conspiracy to commit such a crime is inadmissible, under INA § 212(a)(2)(A)(i)(I). Additionally, two or more CIMT make a client inadmissible under INA § 212(a)(2)(B), if the aggregate sentence of confinement actually imposed is five years or more. This is the case even if the CIMT arose from the same transaction or occurrence.

CIMT is a broad category without a clear definition but will generally fall into one of the following three categories:

(1) Crime that involves an element of fraud

(2) Serious crime against persons or property

(3) Other crime involving baseness, vileness, or depravity

The final category includes “crimes” that may not initially seem to be self-evident. For example, polygamy and bigamy are included in this category, is as prostitution or procuring prostitution. Even traditionally “white collar” crimes can be considered CIMT– especially when dealing with issues of fraud. However, political offenses do not fall under the CIMT umbrella.

Perhaps she could fall under an exception though.

Edited October 9, 2012 by bsd058

[bsd058 296]

Exceptions to Inadmissibility

There are two notable exceptions in INA § 212(a)(2)(A)(i), an exception for minors and the petty offense exception:

1) The ground does not apply where the alien has committed only one crime of moral turpitude, the crime was committed when the alien was under 18 years of age and the crime was committed (and the alien was released from confinement to prison or a correctional institution imposed for the crime) more than five years before the date of application for a visa or other documentation and the date of application for admission to the United States.

2) The ground does not apply where the alien has committed only one crime of moral turpitude, the maximum penalty possible for the crime for which the alien was convicted or to which the alien admits having committed or of which acts the alien admits having committed which constitute the essential elements of the crime did not exceed one year of imprisonment and, if the alien was convicted of the crime, the alien was not sentenced to imprisonment for a term greater than six months, regardless of the extent to which the sentence was ultimately satisfied.

She might fall under (2) unless she is found guilty of fraud AND bigamy, which, if she married, then she committed fraud for the marriage license and bigamy during the wedding. She could try, but I think she is inadmissible. I'm no lawyer, though. Ask a lawyer to be sure.

Edited October 9, 2012 by bsd058

[aaron2020 11,651]

Hello VJ friends! I would like to share this complicated problem of my cousin and we need your advice...here's the story..

My cousin came to the US on tourist visa and married her American boyfriend whom she met online but she did not tell her American boyfriend that she is still married in the Philippines and was planning to get an annulment with her first husband.....Her American boyfriend ( whom I considered innocent about her background) all the while thought she is single.

He actually pursued with all the paperworks for her but the Immigration Officer at the USCIS office found out about my cousin's dishonesty and sent her back to the Philippines...

Now, my cousin is trying another visa ( either student visa or H1-B ) so that she can come back.... Will she be able to come back with a different kind of visa?

We adviced her to proceed with annulment first and then re-appeal to the USCIS ( which will cost a lot ) so that she can be legally married to him...is this a good decision?

Thank you VJ friends for any advice!

She is unlikely to ever to be allowed back to the US.

Immigration fraud on the US government. Marriage fraud on her "US husband.".

Bigamy is not a minor crime. It's a big one.

If she is willing to committ immigration fraud and marriage fraud to get a green card, why would the US government believe her in the future? Why give her a non-immigrant visa when she is willin to commit fraud?

[bsd058 296]

She is unlikely to ever to be allowed back to the US.

Immigration fraud on the US government. Marriage fraud on her "US husband.".

Bigamy is not a minor crime. It's a big one.

If she is willing to committ immigration fraud and marriage fraud to get a green card, why would the US government believe her in the future? Why give her a non-immigrant visa when she is willing to commit fraud?

Ya, I thought so. This is a really messed up situation. I doubt she needs to worry about applying again. Her fiance could consider applying for immigration (assuming she annuls her first marriage or gets a divorce) to the Philippines if she is inadmissible.

Edited October 9, 2012 by bsd058

[Jahwaree 83]

Know a Nigerian brethren whose girl got deported because she entered into an illegal marriage

the man she married was so intimidated at the interview also peed off at her because she had

refused him bedwise claiming she paid & that would be paying twice, well long story short he divulge to IO

its not consumated, so she was deported & got a divorce: my brethren flew to Nigeria marry her and about 4

yrs later she got her papers to come back they now have 3 kids, so this lady should start an annulmet and fiancee get an atty.

[Sandra G. 5,016]

I bet she won't get any B2,F1,J1,H1B visa, and thank God they kicked her out...We don't need fraudsters in our Country.

Edited October 10, 2012 by sandranj

[beautyfilipina 0]

Hello VJ friends....I know, this is a sad thing for her..anyway, there's no one else to blame but herself...

[Shiobhan 235]

That was pretty stupid of her not to say hey lets get married after I get an annulment, some ppl js dont know they will find out everything, anyways

I wont come here and act hateful or judgemental I think she's learned her lessons, hopefully this guy still loves and wants her and is willing to spend a

pretty penny fighting for her......One never knows

[brett and alma 12]

My friend has the same case,she didnt get anywhere, for 8 years now,they are trying,but denied a hundred times already,no one to blame but hetself.

[Boiler 43,438]

It would seem reasonable to assume he will be the one moving.