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Posted

My husband and I got married in good faith 2014 and filed for a CR1 Spousal visa 2015 .Everything is good until consular asked me to present CENOMAR (Certificate of No Marriage in Philippines) , just when i found out that i have a registered marriage with my EX (which i did not consent) so since i cannot produce the CENOMAR, we just Withdraw the whole visa application and filed annulment to my EX instead 

 

Me and my husband have 2 US CITIZEN kids and we filed for their report of birth using our marriage contract 

 

Few Questions :

1. Once my annulment is granted , do i need to re-marry my husband to be able to file a spousal visa again? Or US Embassy will accept and consider my marriage as valid since we hve 2 kids and first one will be null and void?

 

2. Can i apply for Tourist visa now while waiting for annulment?

 

3. Me and my husband faced alot of marital issues because I can't go to US. Now he took my 2 kids with him and i dont know if he will be interested in helping me. Can i get tourist visa for that?

 

4. If ever can i apply fiancee visa after annulment?

 

 

Posted

1. Yes, your current marriage to your husband is null and void for immigration purposes as you were already married at the time. You will need to marry him again. 

2. You can apply, but with demonstrated immigration intent, a USC husband and 2 minor USC children in the USA your chances are slim at best. 

3. Same as number 2

4. Yes.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

*~*~*moved from "progress reports" to "process and procedures"*~*~*

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

Highly unlikely you will get a tourist visa anytime soon.

 

In the future you can apply for a fiance or spousal ONLY if you are free to marry. Meaning your marriage to you husband is annulled or divorced.

 

Word of advice. You are dealing with immigration. As you can tell they are very thorough is investigating your life. For you benefit, do not withhold ANY information about your life in future visa applications. Do not try to hide the fact that you are/were married. And do not try to hide the fact that you have kids. Especially kids that live in the US.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: K-1 Visa Country: Wales
Timeline
Posted

Can see a misrepresentation and waiver issue as well.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
7 hours ago, NuestraUnion said:

Highly unlikely you will get a tourist visa anytime soon.

 

In the future you can apply for a fiance or spousal ONLY if you are free to marry. Meaning your marriage to you husband is annulled or divorced.

 

Word of advice. You are dealing with immigration. As you can tell they are very thorough is investigating your life. For you benefit, do not withhold ANY information about your life in future visa applications. Do not try to hide the fact that you are/were married. And do not try to hide the fact that you have kids. Especially kids that live in the US.

What if i get Fiancee visa nxt time,

what if they ask me why i applied for

CR 1 last time and ddnt disclose my previous marriage?

 

U think they can deny me because of that 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Ohh yes

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted
11 hours ago, lonelygurl said:

My husband and I got married in good faith 2014 and filed for a CR1 Spousal visa 2015 .Everything is good until consular asked me to present CENOMAR (Certificate of No Marriage in Philippines) , just when i found out that i have a registered marriage with my EX (which i did not consent) so since i cannot produce the CENOMAR, we just Withdraw the whole visa application and filed annulment to my EX instead 

 

Me and my husband have 2 US CITIZEN kids and we filed for their report of birth using our marriage contract 

Few Questions :

1. Once my annulment is granted , do i need to re-marry my husband to be able to file a spousal visa again? Or US Embassy will accept and consider my marriage as valid since we hve 2 kids and first one will be null and void?

2. Can i apply for Tourist visa now while waiting for annulment?

3. Me and my husband faced alot of marital issues because I can't go to US. Now he took my 2 kids with him and i dont know if he will be interested in helping me. Can i get tourist visa for that?

4. If ever can i apply fiancee visa after annulment?

How did your x-bf file for marriage with you not knowing at all po? If that is true then file an annulment based off that evidence and it should be granted with no problems. But expect to pay 1-200,000 peso. 

 

1. Yes, you would need to get married again because your current marriage is null and void right now. Where did you get married anyway, and why didn't you know that you needed a Cemar beforehand? You needed a Cemar because you are Married and not single. 

 

2. You can apply for a tourist visa but in all honesty I don't see it being granted at all. You have already displayed a immigration intent with the CR-1 so you trying to get a tourist visa be a sign of bypassing all these steps to get to the USA, and then file for AOS

 

 

Where did you get married po, and where in the Philippines do you live na?

Posted (edited)
15 minutes ago, lonelygurl said:

What if i get Fiancee visa nxt time,

what if they ask me why i applied for

CR 1 last time and ddnt disclose my previous marriage?

 

U think they can deny me because of that 

The petitioner has to file for a fiance and a marriage visa. If he is not willing to help at all then you can not file in his place at all. I would suspect that he feels that you misled him the whole time due to being married before you met him and then getting married again.

Edited by cyberfx1024
Posted
1 minute ago, cyberfx1024 said:

The petitioner has to file for a fiance and a marriage visa. If he is not willing to help at all then you can not file in his place at all. I would suspect that he feels that you misled him the whole time due to being married before you met him and then getting married again.

I think it will be a big issue in US Embassy if i filed a Fiancee visa after a filed a Spousal Visa before. 

And maybe they will deny my Fiancee visa

 

So incase, same application is the best one to file right?

Filed: K-1 Visa Country: Wales
Timeline
Posted

Well it will be sometime before you can look to file anything, first things first.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted (edited)
19 minutes ago, lonelygurl said:

I think it will be a big issue in US Embassy if i filed a Fiancee visa after a filed a Spousal Visa before. 

And maybe they will deny my Fiancee visa ? 

 

So incase, same application is the best one to file right?

You need to resolve the issue of the fact that you are still married before you do anything related to immigration. From my understanding, an annulment in the Philippines can take years and a lot of money. 

 

And after that, you may be questioned on why you tried to hide your first marriage. As mentioned, the CO could use that to issue you a denial due to misrepresentation. Like I said, they really really really don't like to be lied to or have important things like that not being mentioned.

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted (edited)
18 minutes ago, NuestraUnion said:

You need to resolve the issue of the fact that you are still married before you do anything related to immigration. From my understanding, an annulment in the Philippines can take years and a lot of money. 

 

And after that, you may be questioned on why you tried to hide your first marriage. As mentioned, the CO could use that to issue you a denial due to misrepresentation. Like I said, they really really really don't like to be lied to or have important things like that not being mentioned.

I already filed annulment 2 years ago and just waiting for the decision

 

What to do if they deny me due to misinterpretation?

Edited by lonelygurl
Posted
4 minutes ago, lonelygurl said:

I already filed annulment 2 years ago and just waiting for the decision

 

What to do if they deny me due to misinterpretation?

Attempt a waiver?

Boyfriend/Husband move to you in the Philippines?

You and boyfriend/husband find another country to live in?

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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