CR1 visa withdrawal can i have Tourist visa or Fiancee visa?

[Cyberfx1024 7,980]

2 minutes ago, lonelygurl said:

Yes. Its written in my annulment petition that my ex asked me to signed papers before, marriage documents. But since no officiating officer or minister i thought its not valid

You know how easy it is for people to have someone sign off on documents by greasing some hands. You are a pinay and should know this, I as a Kano know this.

[Nitas_man 3,100]

8 minutes ago, lonelygurl said:

Yes. Its written in my annulment petition that my ex asked me to signed papers before, marriage documents. But since no officiating officer or minister i thought its not valid

You signed marriage documents but did not know you were married?  How long did you live together?

Edited November 25, 2017 by Nitas_man

[Nitas_man 3,100]

15 minutes ago, cyberfx1024 said:

She won't answer my questions about that. This is all weird to say the least and it sounds like American husband got mad and left her due to feeling betrayed 

Ya think? 

Based on what she's saying my guess is that the only way she'll ever set foot on US soil is as a stowaway.  They appear to have her cold busted on material misrepresentation (willful), which technically can't happen until you actually do it at the consulate in front of the CO.

I have a feeling that "I didn't know I was previously married sir" isn't going to be much of a defense since I believe they ask for that document before, not during, the interview.

They probably checked and already knew.

Edited November 25, 2017 by Nitas_man

[Nitas_man 3,100]

12 minutes ago, cyberfx1024 said:

You know how easy it is for people to have someone sign off on documents by greasing some hands. You are a pinay and should know this, I as a Kano know this.

Grease hands to file a marriage certificate?  One she signed herself? 

[Cyberfx1024 7,980]

10 minutes ago, Nitas_man said:

Grease hands to file a marriage certificate?  One she signed herself? 

I am saying she might have signed it thinking that it won't ever be filed or signed off on. But her "x-bf" went and paid some one to either sign it or go ahead to file it in the system. Either way she is screwed regardless and that's why she keeps asking about something tourist visa because the original petitioner is more than likely pissed at her. That's why he took the kids with him to the USA. 

 

Notice how she has not answered my question on where they got married at because if they got married in the Philippines this would have come up already. It is widely known that she would have needed a Cemar for her marriage to the petitioner and a Cenomar if a fiance visa. We talk about those all the time in the Philippines subforum.

[lonelygurl 0]

53 minutes ago, Nitas_man said:

You signed marriage documents but did not know you were married?  How long did you live together?

We did not live together. Im not answering other questions because i dont believe its beneficial to answer. 

 

Its like people are more interested in your story than advising you. Its like we are getting off topic 

[lonelygurl 0]

30 minutes ago, cyberfx1024 said:

I am saying she might have signed it thinking that it won't ever be filed or signed off on. But her "x-bf" went and paid some one to either sign it or go ahead to file it in the system. Either way she is screwed regardless and that's why she keeps asking about something tourist visa because the original petitioner is more than likely pissed at her. That's why he took the kids with him to the USA. 

 

Notice how she has not answered my question on where they got married at because if they got married in the Philippines this would have come up already. It is widely known that she would have needed a Cemar for her marriage to the petitioner and a Cenomar if a fiance visa. We talk about those all the time in the Philippines subforum.

Your right. 

 

50% of lawyers i spoke with said my 2nd marriage can be valid after 1st one is annulled, why 50% says i need to remarry 

 

So after the annulment is done, what should i do?

[Auds 223]

22 minutes ago, lonelygurl said:

We did not live together. Im not answering other questions because i dont believe its beneficial to answer. 

 

Its like people are more interested in your story than advising you. Its like we are getting off topic 

It is very relevant.  You need to advise how and where you got married.  If it was done by fraud that will come up too.  You will be questioned.

 

at the moment - IF your husband wants to file once you get your annulment he can, after you marry again (fiancée visa likely won't get approved).  You will likely need a waiver for mid representation and your situation about the ex tricking you into a paper marriage explained.  Hopefully you will get the waiver.  All in all - once  you are ready to file (after annulment and remarriage) it will take 20 to 24 months. 

25 minutes ago, lonelygurl said:

Your right. 

 

50% of lawyers i spoke with said my 2nd marriage can be valid after 1st one is annulled, why 50% says i need to remarry 

 

So after the annulment is done, what should i do?

Definitely need to marry again. 

[Nitas_man 3,100]

29 minutes ago, lonelygurl said:

We did not live together. Im not answering other questions because i dont believe its beneficial to answer. 

 

Its like people are more interested in your story than advising you. Its like we are getting off topic 

I did not ask you anything that is not relevent to your status.  I am not interested in your story, I am interested in some of the details of your case.

 

I will tell you exactly why I asked the questions I asked.  Read the below very, very carefully and you might get some kind of an idea of how serious your trouble can potentially be.  It depends on exactly what you said to who and when. 

 

Some items in an immigration case are material, some are not.  Not a material fact:  A previous marriage and divorce not disclosed.  Material fact:  A previous marriage without legal termination.  In your case the previous marriage without a legal termination IS material to the outcome of your application for the visa.

 

Still doesn't make you excludable UNTIL you tell or swear to an immigration officer in person that everything you said on the application is true.  Based on what you have told us you attended the interview, previously married, without disclosing the marriage, and without terminating the marriage before marrying someone else.  Which is a textbook case for a lifetime ban.  So:  I was asking you did you actually live together and if you did my next question would be was that a listed address on the long list of addresses that you had to give in the visa application?  Because if you did live together and didn't disclose that either it just gets worse and worse. 

 

This is off of our USCIS website.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume8-PartJ-Chapter2.html

 

B. Willful Misrepresentation

 

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. ^[2] See INA 212(a)(6)(C)(i). For a definition of materiality, see Chapter 3, Adjudicating Inadmissibility, Section E, Materiality [8 USCIS-PM J.3(E)]. For a person to be inadmissible, the officer must find all of the following elements:

 

•The person procured, or sought to procure, a benefit under U.S. immigration laws;

 

•The person made a false representation;

 

•The false representation was willfully made;

 

•The false representation was material; and

 

•The false representation was made to a U.S. government official, generally an immigration or consular officer. ^[3] See Matter of Y-G-, 20 I&N Dec. 794, 796 (BIA 1994).

 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation.

 

 

 

 

 

 

 

 

[Nitas_man 3,100]

 

47 minutes ago, lonelygurl said:

Your right. 

 

50% of lawyers i spoke with said my 2nd marriage can be valid after 1st one is annulled, why 50% says i need to remarry 

 

So after the annulment is done, what should i do?

You cannot do anything at this point.  Filing a petition for immigration benefits are the responsibility of a US petitioner.

[Lee & Lei 42]

1 hour ago, Nitas_man said:

 

You cannot do anything at this point.  Filing a petition for immigration benefits are the responsibility of a US petitioner.

This is the bottom line here. Only a USC can file a petition for immigration benefits for a spouse or family member. As the beneficiary, you cannot do this yourself. So even if you do get the annulment, if your partner refuses to sponsor you, you are out of luck. 

 

 

[acidrain 325]

10 hours ago, lonelygurl said:

I filed it 2years ago after finding out

I am confused. You say you filed an annulment 2 years ago. What happened to this annulment? Why hasn't it been finalized?

 

If the annulment had not gone through at the time of the interview why did you assume you were never married?

[Redheadguy03 505]

20 minutes ago, acidrain said:

I am confused. You say you filed an annulment 2 years ago. What happened to this annulment? Why hasn't it been finalized?

 

If the annulment had not gone through at the time of the interview why did you assume you were never married?

I asked the same thing lol. She seems to pick and choose what she answers. I don't think she likes being confronted about misrepresentation. 

[Cyberfx1024 7,980]

2 hours ago, acidrain said:

I am confused. You say you filed an annulment 2 years ago. What happened to this annulment? Why hasn't it been finalized?

 

If the annulment had not gone through at the time of the interview why did you assume you were never married?

She probably thought that she would skate on by and hopefully nobody would say anything. But the USEM is not the Philippines and you can't bribe them to get a favorable response.

 

My question was very relevant and she just didn't want to answer it. I doubt that her "wedding"to the American is even recognized by the NSO at all. I say that because if she was married in the Philippines she would have to get it signed off if it's official but her being already married would have raised a red flag. 

 

Opo. You can get mad at us if you want because we are asking tough questions but we did not get you into this predicament you did. So we are trying to find the best option for you to try and help you out. But you not giving us the for information then we will not be able to help you out as best as we could.

2 hours ago, acidrain said:

I am confused. You say you filed an annulment 2 years ago. What happened to this annulment? Why hasn't it been finalized?

 

If the annulment had not gone through at the time of the interview why did you assume you were never married?

I also asked earlier in the thread where did she file the annulment that because two years is about average but she should know something by now.

[acidrain 325]

2 hours ago, cyberfx1024 said:

She probably thought that she would skate on by and hopefully nobody would say anything. But the USEM is not the Philippines and you can't bribe them to get a favorable response.

 

My question was very relevant and she just didn't want to answer it. I doubt that her "wedding"to the American is even recognized by the NSO at all. I say that because if she was married in the Philippines she would have to get it signed off if it's official but her being already married would have raised a red flag. 

 

Opo. You can get mad at us if you want because we are asking tough questions but we did not get you into this predicament you did. So we are trying to find the best option for you to try and help you out. But you not giving us the for information then we will not be able to help you out as best as we could.

I also asked earlier in the thread where did she file the annulment that because two years is about average but she should know something by now.

Thank you for sharing what the marriage and annulment process is in the Philippines. I am gathering if she signed wedding papers that would constitute she entered into the marriage in good faith regardless of whether there was proper officiating. Does anyone know whether the consulate would be in contact with the first husband or other relatives to discuss the circumstances surrounding her first marriage?

 

This is just my perception but the minute she filed for the annulment she validated her 1st marriage. If she felt she was never married or it was illegal one would expect the person to stand by that. Filing an annulment to me suggests she knew her first marriage was valid and needed to invalidate it. Does that make sense? If I were the interviewer I would be asking why she continued her application knowing her annulment had not gone through? That would constitute marriage fraud.

 

I don't think anybody is asking questions that are more difficult than what she will face if she continues. I've learned from my own experience every mistake no matter how big or small is flagged. The minute you sit down for your interview they know exactly who you are, whether you have applied before and any history of previous denials. The fact she is being so evasive suggests she still hasn't come to terms over her situation.

 

If I were the OP I would be seeking legal advice as she could face some very serious consequences if not handled appropriately. I would also be discussing  with her US citizen partner as to whether he wants the relationship to continue. It sounds like there would be a very long and difficult road ahead.

Edited November 25, 2017 by acidrain