cenomar shows married but not

[BruceForro 0]

So the lingering question is - Did your fiancee marry a Korean before? If yes, and she 1) did not get a divorce (Korean petitioning for the divorce) and have it recorded at NSO, 2) did not complete an annulment (2 year process roughly)... then your I-129F petition through USCIS is not valid, the embassy will kick the case file back to USCIS to handled... cancelled.

*SURPRISE!* If your fiancee was married before, I am sure she knew it.... If it is mis-information, the next step is to prove that person listed in the CENOMAR is not your fiancee... this will take time also.

Only taking 4-5 months to void, will be done in March so we are within the one year compliance window. She will submit the cenomar in March and hopefully be here soon. I know some will argue it takes much longer but they are wrong.

[Hank_ 9,174]

I was lost for a time... when back and read all the posts again.... now I am up to speed once more..

Thanks for keeping us updated. Sorry I was slow on the uptake.

[Greenbaum 12,262]

BruceForro, on 20 Dec 2014 - 4:01 PM, said:

Only taking 4-5 months to void, will be done in March so we are within the one year compliance window. She will submit the cenomar in March and hopefully be here soon. I know some will argue it takes much longer but they are wrong.

Can you give us a little more detail in what steps you are taking and is there any authority you can quote so others can determine if your path would work for them. Of course it educates the rest of us along the way. Thanks

[BruceForro 0]

Can you give us a little more detail in what steps you are taking and is there any authority you can quote so others can determine if your path would work for them. Of course it educates the rest of us along the way. Thanks

The marriage was null and void from the beginning due to no license. I hired a lawyer, they advertised hearing in newspaper in Manila as required, he was served at his last known address in Korea but cannot be found. Not contesting so this is what makes it quick.

[jeanie&jerry 2]

Hi all,

Here is our story: My fiancee met this guy back in 2004 and he wanted to have sex with her but she said no unless she is married. So this guy ok we will get married today. So he fake the wedding, forged the Certificate of Marriage and had sex with her. Then later my fiancee found out that he was already married so she left him. Then she checked with the local registry to see if the marriage was legal. They said no because no marriage license. So 6 years later when we file for K-1 and she got her cenomar it said married to that guy. But that guy(whether his true name or not) does not exist in the NSO. Our first attorney said there is no marriage license so not legal and didn't do a thing. But the people at the NSO said it doesn't matter if is there no marriage license. So we looked for another attorney and he told us we still need to get an annulment. After two years of paper work and going no where fast, we hired our third attorney. She too said we need an annulment and it took two more years to get our annulment. It took us 4 years, lots of research, heartaches, stress, and teeth gashing to finally figure it out that the NSO in the Philippines is like the word of God. Whatever the NSO says then it must be true. The government can't do no wrong.

I am sorry but I think you will need an annulment to correct that mistake.

Good luck!

[BruceForro 0]

Hi all,

Here is our story: My fiancee met this guy back in 2004 and he wanted to have sex with her but she said no unless she is married. So this guy ok we will get married today. So he fake the wedding, forged the Certificate of Marriage and had sex with her. Then later my fiancee found out that he was already married so she left him. Then she checked with the local registry to see if the marriage was legal. They said no because no marriage license. So 6 years later when we file for K-1 and she got her cenomar it said married to that guy. But that guy(whether his true name or not) does not exist in the NSO. Our first attorney said there is no marriage license so not legal and didn't do a thing. But the people at the NSO said it doesn't matter if is there no marriage license. So we looked for another attorney and he told us we still need to get an annulment. After two years of paper work and going no where fast, we hired our third attorney. She too said we need an annulment and it took two more years to get our annulment. It took us 4 years, lots of research, heartaches, stress, and teeth gashing to finally figure it out that the NSO in the Philippines is like the word of God. Whatever the NSO says then it must be true. The government can't do no wrong.

I am sorry but I think you will need an annulment to correct that mistake.

Good luck!

The lawyer I hired went right to work on this. We know a Justice and several prosecutors there. Her first hearing is in January and it will NOT be contested. This is what makes it faster. No kids, no property, no money. It is pretty cut and dry, no license= null and void. I had a chance to get the cenomar cleared but wanted to do it the right way. I do not want problems down the road that would result in her being banned from ever getting a visa. The courts know of all the Moonie marriages that were performed without licenses and are pushing these through. We have all the evidence we need and it has been submitted to the courts. I would post all paperwork here but her name is all over them. You need a lawyer that will work. The lawyer we hired has had several cases exactly like ours and 4-6 months is the norm for this type of unique case. UNIQUE...

[Greenbaum 12,262]

BruceForro, on 21 Dec 2014 - 10:41 AM, said:

The lawyer I hired went right to work on this. We know a Justice and several prosecutors there. Her first hearing is in January and it will NOT be contested. This is what makes it faster. No kids, no property, no money. It is pretty cut and dry, no license= null and void. I had a chance to get the cenomar cleared but wanted to do it the right way. I do not want problems down the road that would result in her being banned from ever getting a visa. The courts know of all the Moonie marriages that were performed without licenses and are pushing these through. We have all the evidence we need and it has been submitted to the courts. I would post all paperwork here but her name is all over them. You need a lawyer that will work. The lawyer we hired has had several cases exactly like ours and 4-6 months is the norm for this type of unique case. UNIQUE...

Thanks for sharing. Any additional information or recommendation as you continue through the process would be helpful to others. This is what sharing is all about. Thanks again.

BTW, do you think if someone knew the steps from your process could they do it without a Lawyer? I'm thinking that some do not have the money to hire a lawyer and if they could follow your steps they could possible correct their situation which also will allow them to have a "clean" marriage.

[jeanie&jerry 2]

BruceForro,

Are you saying that this lawyer will clear out the cenomar without an annulment? Or are you saying that the lawyer is processing an annulment and it will take only 4-5 months?

My fiancee had no kids, no contact with this guy(so was not contested), no land and no money and it was not a fast process of an annulment.

[jeanie&jerry 2]

BruceForro,

I read over your comments again and now it sounds like processing an annulment. Even without being contested it still took 9 months for hearings, I think we had 4 of them. Then they send the decision to the solicitor general and it took another 2 months. Then after we got the certificate of finality it took another 2 1/2 months the NSO to clear the MC and cenomar.

I really hope you found the miracle attorney who can process your papers that fast. Please let us know how it does for you.

I really hope you are not being scammed.

[BruceForro 0]

BruceForro,

I read over your comments again and now it sounds like processing an annulment. Even without being contested it still took 9 months for hearings, I think we had 4 of them. Then they send the decision to the solicitor general and it took another 2 months. Then after we got the certificate of finality it took another 2 1/2 months the NSO to clear the MC and cenomar.

I really hope you found the miracle attorney who can process your papers that fast. Please let us know how it does for you.

I really hope you are not being scammed.

Don't know if you read all my comments. There is NO MARRIAGE LICENSE. You guys are really getting me down. I have talked with attorney and she has had cases exactly like this and it took the longest six months. If this goes past the one year window I will simply move there and take my chances with the health care there. This is in Manila and not in the slow moving courts outside the city.Not annulment but" Petition for Declaration of Nullity of Marriage".

Edited December 22, 2014 by BruceForro

[Hank_ 9,174]

Annulment vs. Nullity of Marriage in the Philippines

A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them. Parties who enter into a marriage are presumed to have done so legally which renders their marriage binding and valid and may not be presumed by the parties to be otherwise simply because of their personal belief that a ground for its invalidity exists.

Such ground must first and foremost be determined and ruled upon by a competent court exercising jurisdiction in order to legally sever the marital ties between the parties.

When a marriage is believed to be null and void from the beginning depending on the grounds used, the action filed in Court is a Petition for the Declaration of Absolute Nullity of Marriage and not Annulment as the two actions are entirely different with each other not only on the grounds but also with the legal effects thereto.

The grounds for this petition are enumerated in the Family Code of the Philippines like the lack of the essential and formal requisites of Marriage such as no legal capacity to enter into marriage, those marriages which are considered as against public policy such as incestuous and bigamous marriages, those which did not conform to the requirement set forth by the Family Code and those marriages where one or both parties is psychologically incapacitated to perform the marital obligations thereto.

A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them.

A voidable marriage on the hand is filed through a petition of Annulment before the court of competent jurisdiction and is a marriage which enjoys the presumption of validity until a declared as annulled. Articles 45 and 46 of the Family Code enumerate the grounds thereof. Annulment connotes that a contract is valid and existing but was only cancelled or annulled. Therefore, the grounds for void marriages cannot be used in voidable marriages as the latter presupposes that there was no existing marriage hence there is nothing to be annulled.

Furthermore, a voidable marriage can only be filed within the prescriptive period set forth by the Family Code. If for example the grounds used for the Petition for the Annulment of Marriage is Fraud, Vitiated Consent, Incapability to Consummate or Sexually Transmitted Diseases, the prescriptive period thereof is five (5) years from the discovery of Fraud, Five (5) years from the time the intimidation, undue influence or force has disappeared, or within 5 years after the marriage ceremony in cases of Incapability to consummate or when the ground is based on Sexually Transmitted Diseases.

The grounds for void marriages on the other hand do not prescribe. Hence, regardless of the ground used, the party seeking the nullity of the marriage may do so even beyond five (5) years

Edited December 22, 2014 by Hank_

[BruceForro 0]

Annulment vs. Nullity of Marriage in the Philippines

A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them. Parties who enter into a marriage are presumed to have done so legally which renders their marriage binding and valid and may not be presumed by the parties to be otherwise simply because of their personal belief that a ground for its invalidity exists.

Such ground must first and foremost be determined and ruled upon by a competent court exercising jurisdiction in order to legally sever the marital ties between the parties.

When a marriage is believed to be null and void from the beginning depending on the grounds used, the action filed in Court is a Petition for the Declaration of Absolute Nullity of Marriage and not Annulment as the two actions are entirely different with each other not only on the grounds but also with the legal effects thereto.

The grounds for this petition are enumerated in the Family Code of the Philippines like the lack of the essential and formal requisites of Marriage such as no legal capacity to enter into marriage, those marriages which are considered as against public policy such as incestuous and bigamous marriages, those which did not conform to the requirement set forth by the Family Code and those marriages where one or both parties is psychologically incapacitated to perform the marital obligations thereto.

A marriage declared by the court as null and void connotes that the marriage entered into by the parties is inexistent as if no marriage ever took place between them.

A voidable marriage on the hand is filed through a petition of Annulment before the court of competent jurisdiction and is a marriage which enjoys the presumption of validity until a declared as annulled. Articles 45 and 46 of the Family Code enumerate the grounds thereof. Annulment connotes that a contract is valid and existing but was only cancelled or annulled. Therefore, the grounds for void marriages cannot be used in voidable marriages as the latter presupposes that there was no existing marriage hence there is nothing to be annulled.

Furthermore, a voidable marriage can only be filed within the prescriptive period set forth by the Family Code. If for example the grounds used for the Petition for the Annulment of Marriage is Fraud, Vitiated Consent, Incapability to Consummate or Sexually Transmitted Diseases, the prescriptive period thereof is five (5) years from the discovery of Fraud, Five (5) years from the time the intimidation, undue influence or force has disappeared, or within 5 years after the marriage ceremony in cases of Incapability to consummate or when the ground is based on Sexually Transmitted Diseases.

The grounds for void marriages on the other hand do not prescribe. Hence, regardless of the ground used, the party seeking the nullity of the marriage may do so even beyond five (5) years

3. Absence of marriage license. Lack of marriage license may void a marriage unless it is one of the marriages where a license is not required by law.

[Hank_ 9,174]

I posted that for everyone else so they have an idea of what you are doing

[jeanie&jerry 2]

Just like I said my fiancee DID NOT have a marriage license too. I am just telling you what we had to do. Maybe our attorneys scammed us, I just don't know. I found our attorney on another website called World of Filipinas and here is a link with the discussion about our attorney. http://www.theworldoffilipinas.com/forum/index.php?showtopic=17459