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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Our I129f petition has made it to the HK consulate (where Pinay beneficiary is). She has received the papers and it is time for me, petitioner, to respond with the electronic submission of the Cenomar from the Phil. NSO sent to US HK Consul. I just became aware that she is married. She didn't think that the marriage at the church was recorded about 25 years ago, but it is on the NSO records. The marriage lasted only a couple years and he is remarried. Annulment should not be a problem, except for cost. I do know that annulment may be the only option. But I don't know the length of time I have to reply to the HK consulate, I don't know if I can be granted an ext., I don't know my options.

Posted

Our I129f petition has made it to the HK consulate (where Pinay beneficiary is). She has received the papers and it is time for me, petitioner, to respond with the electronic submission of the Cenomar from the Phil. NSO sent to US HK Consul. I just became aware that she is married. She didn't think that the marriage at the church was recorded about 25 years ago, but it is on the NSO records. The marriage lasted only a couple years and he is remarried. Annulment should not be a problem, except for cost. I do know that annulment may be the only option. But I don't know the length of time I have to reply to the HK consulate, I don't know if I can be granted an ext., I don't know my options.

I might be wrong about this.

BOTH of you need to be free to marry DURING the I-129F filling.

According to the line highlighted in red, she is still married as of now? Sorry, I may be confused by your wording.

-I am the Beneficiary-
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K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice
Posted

Annulment in the philippines will take11 months to process, 150k php

June 2 2013 priority date
december 2013 Rfe
february 2014 sent Rfe
March 2014 approved at USCIS
june 2014 NVC received
march 2 2015 sent aos and iv package
march 8 i emailed nvc request to expedite my case
march 13 approved expedite request
march 17 in transit status in CEAC
march 19 case file at US embassy
march 23 first day of medical at Slec
march 29 personal evaluation...passed!
April 6 immunization
april 13 interview at USEM. under Administrative Processing Reason; Medical result was still not forwarded by SLEC.
After my interview i called SLEC they told me they forwarded it at USEM same day of my interview.
July 29 I emailed SLEC to confirm again when did they forwarded my Medical Result at USEM. They replied...forwarded April 13.
July 30 status update date change FINALLY.
September 2015 went in US embassy to withdraw my passport coz I've waited for how many months and no approval yet. Only to find out my case file has been sitting in the corner ...no one reviewed my medical result. to make the story short, I took medical again for the second time , then after a my medical result released, I have my visa on my hands.

October 28 2015 POE Sam Francisco
November 7, 2015 SSN
December 2015... 10 year green card arrived
December 2015 Driver's license issued..yay! <p>




NATURALIZATION N400 SECTION 319B
January 29,2016 Application for N400 section 319b sent at Phoenix AZ
February 1 Priority date
February 9 NOA
February 23 Biometric done, walk in (March 2 original schedule
February 28 Inline for interview
March 30 interview was scheduled
May 4, 2016 INTERVIEW APPROVED


Posted

I might be wrong about this.

BOTH of you need to be free to marry DURING the I-129F filling.

According to the line highlighted in red, she is still married as of now? Sorry, I may be confused by your wording.

You're correct. Both need to be free to marry at the time the I-129F is filed. The petition is dead, ask that the petition be withdrawn.

She's going to need to get an annulment in the Philippines or a divorce in her current country. The divorce option leaves some potentially serious complications if she ever returns to the Philippines.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Filed: K-1 Visa Country: Philippines
Timeline
Posted

yes, correct responses, the I129f form states it is to be used by people free to marry. She hid that from me, thinking that it was maybe not recorded. Now that we know that, we have lost 7 months, over $400 and lessened my chances of approval for another 129f. Yes, she was married about 25 years ago, marriage union ended in separation, nothing was done about the legality of it, she is still married, her husband is a bigamist.

Posted

yes, correct responses, the I129f form states it is to be used by people free to marry. She hid that from me, thinking that it was maybe not recorded. Now that we know that, we have lost 7 months, over $400 and lessened my chances of approval for another 129f. Yes, she was married about 25 years ago, marriage union ended in separation, nothing was done about the legality of it, she is still married, her husband is a bigamist.

Its very typical for couples to separate then remarry without getting an annulment in the Philippines. Nothing is generally done about it, read that as in charges of bigamy. Often those marriages are ceremony only, with no marriage certificate. The government doesn't bring charges of bigamy, the aggrieved party does, and they have to pay to prosecute the crime. Therefore is often is only brought up when there's money to made, like when one of them marries foreigner. This is the problem if she marries you after a divorce in her current country and then you two decide to go to the Philippines.

As to lessening your chances, I kind of doubt it. But you will need to request an IMBRA waiver because it would be a second I-129F within two years, if the annulment is processed that fast.

K1 from the Philippines
Arrival : 2011-09-08
Married : 2011-10-15
AOS
Date Card Received : 2012-07-13
EAD
Date Card Received : 2012-02-04

Sent ROC : 4-1-2014
Noa1 : 4-2-2014
Bio Complete : 4-18-2014
Approved : 6-24-2014

N-400 sent 2-13-2016
Bio Complete 3-14-2016
Interview
Oath Taking

Posted (edited)

I think your best bet is withdrawing your petition before she gets caught giving incorrect information on the papers she signed and sent during the filing stage. Have her marriage annulled first and start over so you wont hurt your chances of getting her to the States because she lied. I don't think HK will give an extension so you can process the annulment first, since she's supposed to be free to marry before you filed.

Edited by iammrsregi
Filed: K-1 Visa Country: Hong Kong
Timeline
Posted

I am in the process of annulment and hopefully receive the finality this month so my fiance could start filing I-129F this coming January. It took us 8 months for the annulment process. Bigamous marriage is easier and faster due to the fact that it is null and void from the very beginning. She can file the annulment while she is HERE in HK. Just need to attend the court hearing once. GOOD LUCK!

Posted

Depending what court you use it can take sometimes 6 months to 2 years to finality. I have heard that the cost can range from $1,500 to $5,000 USD. The going rate is about $2,500 USD most often. I agree with others that you need to get the application withdrawn and work through the annulment. If you love her, there WILL BE a day you are finally united as one in marriage, legally. Have patience with her, as she is scared and probably it was an honest mistake on her part. She needs your understanding.

Good luck.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Filed: K-1 Visa Country: Philippines
Timeline
Posted

I am in the process of annulment and hopefully receive the finality this month so my fiance could start filing I-129F this coming January. It took us 8 months for the annulment process. Bigamous marriage is easier and faster due to the fact that it is null and void from the very beginning. She can file the annulment while she is HERE in HK. Just need to attend the court hearing once. GOOD LUCK!

She can only file the annulment in the place where the marriage was celebrated...The family code of the Philippines specifically provides for that...

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Its very typical for couples to separate then remarry without getting an annulment in the Philippines. Nothing is generally done about it, read that as in charges of bigamy. Often those marriages are ceremony only, with no marriage certificate. The government doesn't bring charges of bigamy, the aggrieved party does, and they have to pay to prosecute the crime. Therefore is often is only brought up when there's money to made, like when one of them marries foreigner. This is the problem if she marries you after a divorce in her current country and then you two decide to go to the Philippines.

As to lessening your chances, I kind of doubt it. But you will need to request an IMBRA waiver because it would be a second I-129F within two years, if the annulment is processed that fast.

Maybe before, they could just remarry without getting an annulment but as far as I know, nobody can do that anymore as the parties are now required to submit CENOMAR..Also whether you will get marry in church or in the court you will always get Marriage Certificate..

Filed: K-1 Visa Country: Philippines
Timeline
Posted (edited)

Our I129f petition has made it to the HK consulate (where Pinay beneficiary is). She has received the papers and it is time for me, petitioner, to respond with the electronic submission of the Cenomar from the Phil. NSO sent to US HK Consul. I just became aware that she is married. She didn't think that the marriage at the church was recorded about 25 years ago, but it is on the NSO records. The marriage lasted only a couple years and he is remarried. Annulment should not be a problem, except for cost. I do know that annulment may be the only option. But I don't know the length of time I have to reply to the HK consulate, I don't know if I can be granted an ext., I don't know my options.

Of course, churches submitted copies of the marriage certificate to the Civil Registrar's Office since time immemorial, that's where all official records go. Only records/copies coming from the Civil Registrar's Office, with its official zeal, are accepted in schools, getting passport and any travel docs, etc before NSO came into existence..

Annulment is a lengthy process in the Philippines, it entails a lot of money...

Edited by n and m
Posted (edited)

If she never told you this and wasted a lot of your time and money i would have 2nd thoughts about continuing the process. She could have very easily checked with the NSO if she was married or not , costs only about 300php

Edited by A and T

07-24-2009 Received NOA1
08-05-2009 Touched
10-02-2009 I-797C for Biometrics Appt
10-26-2009 Biometrics Appt. Completed
05-11-2010 Request for Evidence on both the I129F and I130
07-01-2010 Case Transferred to Vermont Service Center
10-20-2011 Contacted Ombudsman
02-07-2012 Case denied after almost 3 years =(
03-07-2012 Appeal Filed!
01-20-2013 Contacted Ombudsman again...

06-25-2013 EOIR Appeal Review

Visit my blog at http://goo.gl/ON4wG/

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