I need help

[belinda63 2,981]

Married is married no matter where it happened, if it is considered a legal marriage in that country. Problem is she entered the US on a fiancé visa knowing she was not a fiancé and was not free to marry (because she already was), who knows what transpired at the POE as far as questions. She then obtained a marriage license in the US where I know you have to answer a question about being single, divorced, widowed, etc. and she lied on that. Then she filed for AOS using the US marriage certificate which technically is not a valid marriage certificate since she was already married. Now she wants to know how to fix it.

Two choices here, don't say a word and hope no one finds out or consult with an immigration attorney.

[I love San Diego 18]

Married is married no matter where it happened, if it is considered a legal marriage in that country. Problem is she entered the US on a fiancé visa knowing she was not a fiancé and was not free to marry (because she already was), who knows what transpired at the POE as far as questions. She then obtained a marriage license in the US where I know you have to answer a question about being single, divorced, widowed, etc. and she lied on that. Then she filed for AOS using the US marriage certificate which technically is not a valid marriage certificate since she was already married. Now she wants to know how to fix it.

Two choices here, don't say a word and hope no one finds out or consult with an immigration attorney.

That's my thinking. I recommend both, perhaps. Don't say a word, and check with an attorney.

[Jillthea 0]

Thanks ??????

[Pinkrlion 2,607]

Your GC is invalid because it is based upon a K-1, and not a I-130. That is why others are saying it was fraud, because you lied about your marital status.

[notusinganymore 31]

Don't take into offense what people are saying when they say you lied because you basically lied by omission. You know you were married and yet you did not say anything and used your K1 visa to enter the US. That's the honest opinion of people here. It is fraud/lying.

K1 is for Fiance

I130 is for relatives

It's that simple. It sucks to know the truth sometimes but it is important to establish the right route for you to take. I would say talk to a lawyer. If you can, double check with NSO if you have your marriage registered. Who knows maybe the civil registrar has not filed it yet due to the slow process in the Philippines.

[Ketsuban 1,034]

You got two choices:

a) Hope the government never finds out. If they do, you may be deported.

b) Come clean with the government. You may be deported.

[Chaneydic1333 29]

Don't take into offense what people are saying when they say you lied because you basically lied by omission. You know you were married and yet you did not say anything and used your K1 visa to enter the US. That's the honest opinion of people here. It is fraud/lying.

K1 is for Fiance

I130 is for relatives

It's that simple. It sucks to know the truth sometimes but it is important to establish the right route for you to take. I would say talk to a lawyer. If you can, double check with NSO if you have your marriage registered. Who knows maybe the civil registrar has not filed it yet due to the slow process in the Philippines.

You have said it all. Just fix it back in the Philipines. Rectify it there and make sure it's not recorded in the registry. You might get lucky. As far as dealing with them here, you will be in a hell of trouble. Either that or just forget that you ever got married there and follow that route.

[Justin Case 3]

Actually im not lying, the time my fiance filed for the K1 visa, im single, in my interview Nov 2013 i received a 221g, while its on process, my fiance decided to go back to philippines and get married which is March 2014 so when he come back to US, he will file for the spousal visa, but luckily my K1 approved, that why i fly to US August 2014.

But you didn't disclose the marriage in Philippines upon AOS?

[Operator 1,925]

Yes, is there a way i can fix this ???

What is it that you think needs to be fixed? I'm struggling to see your problem.

[Ryan H 3,790]

Op, you need a lawyer. There is no further advice that we can give you while remaining within the TOS and advising legal avenues.

***** This thread will remain closed. Do not re-start this or a similar topic. *****

Edited July 17, 2015 by Penguin_ie