question about petition for my mom who married twice

[tammin26 0]

Hello everyone. I am from the Philippines and my Filipino husband in the USA will petition me. Someday when i become a US citizen i'm gonna petition my mother but here's the problem, my mom is still legally married to my biological father but they are separated(not annulled) for almost 23 years. Then my mom met my stepdad and remarried and they are now living together for 14 years. My question is I wanna petition my mom someday will it be a big problem? will they know it? I really want to know coz someday I wanna be the one to take care of my mom. I'm the only child and don't want her to live alone since my stepdad passed away.

She'll apply for a passport and she'll use my biological father's surname.

Please reply. Thank you and Godbless to all!

Edited April 6, 2013 by tammin26

[Darnell 8,478]

hmmmmm

[Tim/Mav 305]

Forgive me. You know Philippine rules on marridge and divorce. Since there is No divorce and no legal separation or annulment on record, your Mom is not married to your step dad. Someone correct me if I'm wrong. However as far as her coming here that should have no bearing of her maritol status. But, thats going to look wrong...

Edited April 6, 2013 by Tim/Mav

[Penguin_ie 5,994]

sounds like your mom was never legally married to stepdad. But stepdad is now dead, so she is still married to bio dad, legally. She will certainly have some explaining to do if the marriage to stepdad shows up on any official documents. Can she get a cert from NSO and see what it shows?

[Darnell 8,478]

perhaps, by the time you can play at NVC, the bio father would have passed away ? I understand many things are fixable, with monies, after someone dies. Keep that in mind as you are making your plans.

[Tahoma 2,292]

...my mom is still legally married to my biological father

...my mom met my stepdad and remarried

...will they know it?

...She'll apply for a passport and she'll use my biological father's surname.

I smell tuyo...

Read this carefully.

Also, read this carefully.

[ppihtr123 68]

IMHO....

The second marriage never really happened (is void or voidable) as she was married already BUT it is possible if she married outside of the Philippines to the stepdad without being truthful on the second marriage cert. If that is the case, she is open to criminal charges.

From what I understand, it is tough to get legally married in Philippines without a CENOMAR report saying you can in order to get the license. She needs to pull a CENOMAR from NSO. So the question is was the second one just a ceremony without a license? If that is the case, she is fine as she did not try to legally marry the second time under law. If she pulls a report and has 2 hits, she may be open to real problems and probably needs to seek a lawyer.

And then there is the I-130. Read where it is signed about certification. If she was legally married twice and does not put it on the form, someone is committing a crime that has severe consequences.

[Tahoma 2,292]

If your mother's second marriage was to a Filipino in the Philippines, she would not have been required to submit a CENOMAR to the civil registrar, but I believe she would have had to lie on the marriage license application.

[apple21 953]

Hello everyone. I am from the Philippines and my Filipino husband in the USA will petition me. Someday when i become a US citizen i'm gonna petition my mother but here's the problem, my mom is still legally married to my biological father but they are separated(not annulled) for almost 23 years. Then my mom met my stepdad and remarried and they are now living together for 14 years. My question is I wanna petition my mom someday will it be a big problem? will they know it? I really want to know coz someday I wanna be the one to take care of my mom. I'm the only child and don't want her to live alone since my stepdad passed away.

She'll apply for a passport and she'll use my biological father's surname.

Please reply. Thank you and Godbless to all!

Has she been using your bio father's last name all these years? Does she have valid identification cards now showing your bio father's surname as hers? I don't know how "deep" the embassy looks into an IR5's marriage history but for mom's sake I would advice that she get a CEMAR (Advisory on Marriages) at NSO, just to make sure if both marriages were registered at NSO.

To get the CEMAR, she would need to fill-out the application for CENOMAR form. Since, she's already married, NSO will give her the CEMAR.

[tammin26 0]

Thank you for all the replies..

She uses my stepdad's surname in everything.. she did not use my dad's surname EVER! I got the marriage certificate of both.. from her marriage cert with my dad ( i requested this) and my stepdad (my adopted sister requested this cert) so that will make two marriages.. At her second marriage she did not know that it was a crime to be married twice, she did not have communication with my dad for 23 years but she knows that my dad is still alive.. I know what I am asking here is impossible.. I should accept the fact that i wont be with my mom someday and ill just visit her yearly someday.. ohh it breaks my heart but that is the consequences of eveything.. i hope someday there will be a way that i can get her i'm afraid she might be charged of something that's why i wont ever dare to try to petition her someday! God knows how much i love my mom! sigh.. :'( thank u everyone for the answers.. Godbless!

Edited April 7, 2013 by tammin26

[tammin26 0]

perhaps, by the time you can play at NVC, the bio father would have passed away ? I understand many things are fixable, with monies, after someone dies. Keep that in mind as you are making your plans.

hello! is there something like that? yeah my dad is kinda old now (im not close to him he abandoned us when i was still a baby!)

Are there cases like mine? Can it be fixed by money? I will do everything just to get my mom someday.

[apple21 953]

Thank you for all the replies..

She uses my stepdad's surname in everything.. she did not use my dad's surname EVER! I got the marriage certificate of both.. from her marriage cert with my dad ( i requested this) and my stepdad (my adopted sister requested this cert) so that will make two marriages.. At her second marriage she did not know that it was a crime to be married twice, she did not have communication with my dad for 23 years but she knows that my dad is still alive.. I know what I am asking here is impossible.. I should accept the fact that i wont be with my mom someday and ill just visit her yearly someday.. ohh it breaks my heart but that is the consequences of eveything.. i hope someday there will be a way that i can get her i'm afraid she might be charged of something that's why i wont ever dare to try to petition her someday! God knows how much i love my mom! sigh.. :'( thank u everyone for the answers.. Godbless!

She'll apply for a passport and she'll use my biological father's surname.

So how will you go about this?

Anyway, since stepdad is already dead, that some how takes her off the hook. You can still file i-130 for your mom, just tell her to be ready to answer all questions regarding her marriage history IF asked by the consul.

[Healer 2]

Helo just want to ask what happen to ur mom , we are in the same boat.

[powerpuff 6,727]

Zombie thread closed. OP hasn’t logged back since 2013 and they have closed their account.

 

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