oops. We got married while waiting for K1 interview

[billybob1962 3]

Okay I know we made a mistake. Almost in a romantic gesture we got married while waiting for our K1 interview and now my Filipino wife's Cenomar says married to 'me'.

For a somewhat under-developed country they sure are fast with their PSA statistics.

The Visa was not denied, rather we were given one year to show her PSA Cenomar as 'single'. 

QUESTION: is there time to get an annulment and a new Cenomar showing ' ' single' ?

That is the crucial question. We have one year and I understand that there are new more liberal annulment laws?

Does anyone know if the Cenomar will then show married at one time to me but now annulled ? Or will it simply say 'SINGLE' again.

In other words, is the Cenomar a record of all her marriages and then annulments or will it become pure again and simply say 'single' . Because that's what we need. Thank you very much in advance for any responses.

 

JimmyDummy

[milimelo 4,234]

Why don’t you just send in I-130? That’s about year’s time anyways. 

[Lemonslice 4,570]

11 minutes ago, billybob1962 said:

Okay I know we made a mistake. Almost in a romantic gesture we got married while waiting for our K1 interview and now my Filipino wife's Cenomar says married to 'me'.

For a somewhat under-developed country they sure are fast with their PSA statistics.

The Visa was not denied, rather we were given one year to show her PSA Cenomar as 'single'. 

QUESTION: is there time to get an annulment and a new Cenomar showing ' ' single' ?

That is the crucial question. We have one year and I understand that there are new more liberal annulment laws?

Does anyone know if the Cenomar will then show married at one time to me but now annulled ? Or will it simply say 'SINGLE' again.

In other words, is the Cenomar a record of all her marriages and then annulments or will it become pure again and simply say 'single' . Because that's what we need. Thank you very much in advance for any responses.

 

JimmyDummy

Filling for a spouse visa will be easier than divorce (filed by you, from the US), or annulment there.

 

That's kind of a big oops, you're right about that.

[Chris Duffy 1,256]

11 minutes ago, billybob1962 said:

Okay I know we made a mistake. Almost in a romantic gesture we got married while waiting for our K1 interview and now my Filipino wife's Cenomar says married to 'me'.

For a somewhat under-developed country they sure are fast with their PSA statistics.

The Visa was not denied, rather we were given one year to show her PSA Cenomar as 'single'. 

QUESTION: is there time to get an annulment and a new Cenomar showing ' ' single' ?

That is the crucial question. We have one year and I understand that there are new more liberal annulment laws?

Does anyone know if the Cenomar will then show married at one time to me but now annulled ? Or will it simply say 'SINGLE' again.

In other words, is the Cenomar a record of all her marriages and then annulments or will it become pure again and simply say 'single' . Because that's what we need. Thank you very much in advance for any responses.

 

JimmyDummy

You can divorce her in USA you must be the petitioner for it to be recognized in Philippines.

 

If she is petitioner then they won't recognize it in Phlippines.

[*Snowdrop* 603]

At this point you would probably be better off just cancelling that petition and filing again for the spousal visa. Even if you did manage to get the annulment through in under a year, and even if the Cenomar shows no evidence of a marriage, if they find out you were married during the K1 process I'm pretty sure it invalidates the visa - and even if there is a loophole for annulments it still might prove too complicated to sort out easily. 

 

Do the spousal visa - it probably won't be a much longer wait than getting an annulment and you won't have to do AOS once in the US so it's not going to cost you any more money than your current route.

[JFH 12,189]

So she went to an interview for a fiancé visa even though you were already married? And you were hoping that the Cenomar wouldn't be updated quickly enough and you could "get away with it"? You're lucky you didn't get a misrep ban. 

 

Don't make a messy situation even more messy with divorce or annulment. Just proceed with the spouse visa. 

[billybob1962 3]

Youre right. I think filing for the spousal Visa would be easier. But we can't do that while this K1 Petition is still open...is that correct ?

Remember the K1 was not denied. We were simply given one year to complete the documents requirements.

Is there a way for us to close the K1 petition without being penalized, in order for us to then start the correct spousal petition?

Thank you

[Lemonslice 4,570]

3 minutes ago, billybob1962 said:

Youre right. I think filing for the spousal Visa would be easier. But we can't do that while this K1 Petition is still open...is that correct ?

Remember the K1 was not denied. We were simply given one year to complete the documents requirements.

Is there a way for us to close the K1 petition without being penalized, in order for us to then start the correct spousal petition?

Thank you

Your posting history shows a marriage to someone else - without a completed divorce or annulment. Was she single when you guys married?  Otherwise, you have something much more complicated to deal with.

[billybob1962 3]

JFH

yes that's exactly what we did once we realized our error. I hung on to the remote hope that they did not update their PSA statistics quickly. So if I went straight to the spousal Visa do I have to cancel the K1 petition process somehow ?

And to the question on the new Spousal petition when they ask about having already applied for a VISA in the past, ....how would you handle that?

Thank you

[Boiler 43,622]

What about her first Husband she is still married to?

[Chris Duffy 1,256]

7 minutes ago, billybob1962 said:

Youre right. I think filing for the spousal Visa would be easier. But we can't do that while this K1 Petition is still open...is that correct ?

Remember the K1 was not denied. We were simply given one year to complete the documents requirements.

Is there a way for us to close the K1 petition without being penalized, in order for us to then start the correct spousal petition?

Thank you

Here is another option.

 

Since you are now legally married, you can get a Balikybayan Privilege   Which gets you a free one year entry visa into the Philippines.

 

Leave country go to Hong Kong  or Thailand and spend a day or few there and come back and go thru immigration with your wife and get the stamp in your passport.

 

Then look into doing a DCF filing.  I think it takes 4 to 8 weeks to get approved on that. You file with the US Embassy in Manila directly.  Check into that

[Boiler 43,622]

 

[Chris Duffy 1,256]

5 minutes ago, billybob1962 said:

JFH

yes that's exactly what we did once we realized our error. I hung on to the remote hope that they did not update their PSA statistics quickly. So if I went straight to the spousal Visa do I have to cancel the K1 petition process somehow ?

And to the question on the new Spousal petition when they ask about having already applied for a VISA in the past, ....how would you handle that?

Thank you

As a rule the USEM doesn't care about past visas filed by US Citizens.  But in your case they might find it odd, but explainable.

[Lemonslice 4,570]

1 minute ago, Chris Duffy said:

As a rule the USEM doesn't care about past visas filed by US Citizens.  But in your case they might find it odd, but explainable.

Do they care about bigamy?

[Chris Duffy 1,256]

3 minutes ago, Boiler said:

 

Wow, I didn't know it was the same guy