Input on type of Visa as well as what I should do?

[Jester14 0]

Hello Everyone,

I've got a question on the visa I should be applying for as well as what the background checks may cover.

I'm American, my wife is Filipina. We have been together a year, and married for 6 months. We have a child on the way at the beginning of June; which I already know what I need to do for him and his CRBA. So first order of business in my particular situation.

My wife and I were married and Singapore, she and I were both working there at the time. We currently "live" in the Philippines. I say that with quotations, because I work offshore, which is a month at work and a month off, which allows me on my off time to stay here on my tourist 30 days each time. Now, the dilemma is that she was previously married 5 years ago, but as most know, annulments and quite hard to get here in the Philippines; therefore, we cannot register our marriage here. So my question is, does the background check look for any previous marriages from the NSO? She has always kept her maiden name, even on her passport, and never changed it during her previous marriage. We are hesitate to start the process, because we aren't sure about what the process entails. We have sought some information on the annulment as well, but it is quite an expensive and very long process. We'd like to be able to get as much information as possible in all of our options.

Secondly, what sort of visa should I be applying for? I assume a CR-1, and can I file for it here in Manila? Thank you for any and all information you can offer.

[Angel012110 19]

Here is a Link on Annulments in the Philippines : https://www.christianfilipina.com/research/what-is-the-process-of-annulment-in-the-philippines/ and Your Best Bet Would be the CR-1 Visa Since You are Already married.

[Boiler 45,651]

Did she get divorced?

[pushbrk 12,968]

Hello Everyone,

I've got a question on the visa I should be applying for as well as what the background checks may cover.

I'm American, my wife is Filipina. We have been together a year, and married for 6 months. We have a child on the way at the beginning of June; which I already know what I need to do for him and his CRBA. So first order of business in my particular situation.

My wife and I were married and Singapore, she and I were both working there at the time. We currently "live" in the Philippines. I say that with quotations, because I work offshore, which is a month at work and a month off, which allows me on my off time to stay here on my tourist 30 days each time. Now, the dilemma is that she was previously married 5 years ago, but as most know, annulments and quite hard to get here in the Philippines; therefore, we cannot register our marriage here. So my question is, does the background check look for any previous marriages from the NSO? She has always kept her maiden name, even on her passport, and never changed it during her previous marriage. We are hesitate to start the process, because we aren't sure about what the process entails. We have sought some information on the annulment as well, but it is quite an expensive and very long process. We'd like to be able to get as much information as possible in all of our options.

Secondly, what sort of visa should I be applying for? I assume a CR-1, and can I file for it here in Manila? Thank you for any and all information you can offer.

Did she obtain a divorce in another country? If so, where and when?

Unfortunately, unless your lady obtained a legal divorce in another country, you have made your sweetheart a bigamist. Your marriage to an already married woman is not legal. The immigration forms require disclosure of all previous marriages and at the NVC stage and Consular interview stage in Manila, she will need to provide an NSO certificate that lists all marriages the NSO ever knew about.

Don't waste anymore time thinking of how to get away with lying on immigration forms. It won't work anyway and if caught in a material misrepresentation, like claiming not to be previously married would be, she could be banned from the USA for life.

You are not legally married. Start with an annulment in the Philippines of her previous marriage. When complete, you can legally marry and begin an immigration process. Not what you wanted to hear but definitely what you must understand.

Edited April 24, 2014 by pushbrk

[JbTin 51]

Yep, what pushbrk said.

She will be asked to show her CEMAR (Certificate of Marriage) during the interview. It is a document issued by the NSO that lists all her previous and current marriage/s, and since you didnt register your marriage, it wont be shown on the cemar. The consul will question that for sure.

[pushbrk 12,968]

Yep, what pushbrk said.

She will be asked to show her CEMAR (Certificate of Marriage) during the interview. It is a document issued by the NSO that lists all her previous and current marriage/s, and since you didnt register your marriage, it wont be shown on the cemar. The consul will question that for sure.

Yes, she'll need to show her CEMAR but since this "second" marriage took place in Singapore, the issue will not be that the current marriage doesn't show. The issue will be the CEMAR will show she is STILL married to her first and only legal husband.

The OP has not been back since I mentioned this, so he's either sleeping, having a major OH HECK moment or grasping at straws for how to ask about a way around this. There isn't one besides an annulment followed by a legal marriage. Fortunately AND unfortunately married is married.

Edited April 24, 2014 by pushbrk

[Leatherneck 693]

Yes, she'll need to show her CEMAR but since this "second" marriage took place in Singapore, the issue will not be that the current marriage doesn't show. The issue will be the CEMAR will show she is STILL married to her first and only legal husband.

The OP has not been back since I mentioned this, so he's either sleeping, having a major OH HECK moment or grasping at straws for how to ask about a way around this. There isn't one besides an annulment followed by a legal marriage. Fortunately AND unfortunately married is married.

Pushbrk, I'm going with the 6 words highlighted in red--after he wakes up.

Edited April 24, 2014 by Leatherneck

[Leatherneck 693]

Hello Everyone,

I've got a question on the visa I should be applying for as well as what the background checks may cover.

I'm American, my wife is Filipina. We have been together a year, and married for 6 months. We have a child on the way at the beginning of June; which I already know what I need to do for him and his CRBA. So first order of business in my particular situation.

My wife and I were married and Singapore, she and I were both working there at the time. We currently "live" in the Philippines. I say that with quotations, because I work offshore, which is a month at work and a month off, which allows me on my off time to stay here on my tourist 30 days each time. Now, the dilemma is that she was previously married 5 years ago, but as most know, annulments and quite hard to get here in the Philippines; therefore, we cannot register our marriage here. So my question is, does the background check look for any previous marriages from the NSO? She has always kept her maiden name, even on her passport, and never changed it during her previous marriage. We are hesitate to start the process, because we aren't sure about what the process entails. We have sought some information on the annulment as well, but it is quite an expensive and very long process. We'd like to be able to get as much information as possible in all of our options.

Secondly, what sort of visa should I be applying for? I assume a CR-1, and can I file for it here in Manila? Thank you for any and all information you can offer.

The first process you must to start is the process of getting an annulment for your wife.

There is no way around

• a properly recorded annulment
• an NSO issued CENOMAR
• a legal marriage to your wife

Then you can consider filing an I-130 Petition to start the immigration ball rolling.

Edited April 24, 2014 by Leatherneck

[christeen 966]

As others have said, right now your first course of action is to get working on an annulment. She will NOT be able to get a visa until that is done as she is legally married to the other gent according to Phil law... So sorry... This is going to be a difficult journey. Once she is again "free to marry" the two of you can get married then file for spouse visa... You cannot hide this in the process... Sorry

[Boiler 45,651]

I asked if she had divorced as he had not mentioned it, she may have divorced in Singapore. Or wherever her first Husband is.

My recollection is that if her first Husband divorced her out of PI all is cool.

I can not believe the OP knowing about her being married at least once before would not have questioned how it ended.

[Jester14 0]

Thank you all for your replies. I figured this woukd be the general response. As for the divorce question. Her exhusband is yet to be found, so we aren't sure if he has ever gotten a divorce outside. Secondly, I wasn't really trying to do anything illegally, I just wanted to know what options we had available to us. Thank you for the links, I will research more. From my understanding from what I have heard, if we could file a divorce in a foreign country or the US, then we could remarry properly and be able to register it here? Is this correct? Thank you again all for your inputs.

[Boiler 45,651]

So how did you 'marry' without a Divorce Certificate?

[belinda63 3,038]

The problem isn't so much you being married or divorced to her, the problem is she is not divorced from her first husband. Have her request her marriage record from the Philippine office (forgot what it is called). If it shows her as married you won't get an immigrant visa because you can't be legally married to two people at the same time.

[pushbrk 12,968]

Thank you all for your replies. I figured this woukd be the general response. As for the divorce question. Her exhusband is yet to be found, so we aren't sure if he has ever gotten a divorce outside. Secondly, I wasn't really trying to do anything illegally, I just wanted to know what options we had available to us. Thank you for the links, I will research more. From my understanding from what I have heard, if we could file a divorce in a foreign country or the US, then we could remarry properly and be able to register it here? Is this correct? Thank you again all for your inputs.

You and the person who is still married to her husband are not married, so do not need a divorce. She needs an annulment. If she were a legal resident of some other country than the Philippines, she might be able to get a divorce from her husband (not you, her actual legal husband), freeing her to marry you. Once married to you legally, she could potentially immigrate to the USA as your spouse, from that country but not from the Philippines. For her to immigrate from the Philippines requires that pesky CEMAR showing no marriages except to you. No such document will ever be available, as the Philippine Government will not recognize her divorce or your marriage.

You need a third country for her to reside (or both of you) until all this can be accomplished. If you try to do this in the Singapore where they think you are married there, that would be complicated, to say the least. Either or both of you could potentially be arrested for the crime of bigamy. Surely, you signed something saying you were both unmarried, KNOWING your statement was false. Perjury, and Fraud are crimes everywhere and Bigamy is a crime nearly everywhere.

Some kinds of playing fast and loose with the truth can get pretty nasty. You say you weren't trying to do anything illegal but clearly you knew you were "marrying" a married woman, then (using different words) asked us how likely it was you would get caught in that lie. We answered you. Now it's time to put on your big boy trousers and deal with the consequences of your actions, or not.

Edited April 25, 2014 by pushbrk

[pushbrk 12,968]

Just so it's clear to the OP and any reader that Perjury and Fraud have been committed, here are the requirements for obtaining a marriage license in Singapore. Pay special attention to items E and F which both are part of a "Statutory Declaration" by each party applying for the license.

Marriage licence
A marriage licence can only be issued on proof of conditions (see details below) by Statutory Declaration and after expiration of 21 days (notice period) and before expiration of 3 months from the date of the notice.

The Registrar shall not issue a marriage licence until he has been satisfied by Statutory Declaration made by each of the parties to the proposed marriage that:

a) for couples where at least one party is not a Singapore Citizen or Singapore Permanent Resident, one of the parties to the intended marriage must have been physically present in Singapore for at least 15 days preceding the date of the notice. (Please note that the day of arrival in Singapore is not included.); b) each of the parties is 21 years of age or above, or if not, is divorced or is a widower or widow or has had his or her previous marriage declared null and void; c) if either party is a minor who has not been previously married, the consent of the appropriate person mentioned in the Second Schedule (click here) must have been given in writing or consent of the High Court has been given; d) neither party is below the age of 18 years (by the date of solemnization); e) there is no lawful impediment to the marriage; and f) neither of the parties to the intended marriage is married under any law, religion, custom or usage to any person other than the person with whom such marriage is proposed to be contracted. g) where one of the parties to the proposed marriage has been previously married but is divorced, the party must also state whether he/she owes any arrears in respect of any maintenance which is payable under a maintenance order.

Edited April 25, 2014 by pushbrk