(Philippines) FB2 Petitioner is now a U.S. Citizen - what to do now

[michaillah07 2]

Hi there,

Mother filed an I-130 for my brother in 2011 with priority date of November 15, 2011. My mother is now a U.S. Citizen and I am not sure how we should proceed. I see that the wait time for F1 is longer than F2B. We are torn what is the best thing to do now. We appreciate any thoughts or experience. If we choose to keep the petitioner's status as a resident instead of citizen, what is the process.

Thanks,

Edited October 2, 2016 by michaillah07

[Jojo92122 1,924]

There is no reason to be torn. The Child Status Protection Act (CSPA) allows your brother to request to remain in the F2b category. Google "F2b retention."

[Sashha 0]

Hi there! I have a question. My mom is a GC holder and petitioned me for F2B category early this year. My situation is quite confusing so please bear with me. I got married last 2008 in Australia with my then Filipino boyfriend (who was at that time an Australian permanent resident). I stayed there only for 3 months (having tourist visa) and went back to PH. I didn't file our marriage at NSO. He went back in PH after he got his Australian citizenship and filed for dual citizenship. So he is now both Australian and Filipino citizen. We got separated later in 2010 and now he is living in PH with another woman together with their 2 year old son.

I can't file for annulment since we were never married in PH and never declared it in embassy or NSO. So our CENOMAR is both single and never married. Since he doesn't file for divorce in AU. My mom and I have decided to petition me for F2B category (since i don't have any records of being married in PH). But just last month, he messaged me and told me that he is currently in AU to file for our divorce (finally!). Results will be out after 2-3 months.

My question is, will the USCIS finds out or will they investigate if applicant is married elsewhere even if he/she is "single and never married" in the country where he/she is applying from? Next, given they find out about my previous marriage, will it solve if I'll show them the divorce certificate even if it happend after the filling of the petition (F2B)? What are my chances and what is the best thing to do? Please help me.

Thank you so much for reading my long letter. I hope to hear some good advice. God bless everyone! ?

Edited October 20, 2016 by Sashha

[Jojo92122 1,924]

An LPR can never have a case for a married child. You are married. The petition for you is void. You should contact the NVC/USCIS to close the case. Once you are divorced/annulled, your mother can file a new case.

If you lie and fail to disclose your marriage and annulment, you will misrepresent yourself to the US Government and could get a lifetime ban. Do not lie to the US Government.