Passport problem prior to K1 filing :/

[thistime 0]

I pray someone has experience with this situation. 

 

My girlfriend is in the phillipines pagadian city, I have tickets to see her at the end of August.

However, we sat down, got serious and shared everything about our past and it turns out that when she was underage

she used her aunt's name and info to receive a passport to work overseas to support her family.

As a minor she would not have been able to work otherwise. 

 

So, she has been working overseas off and on for several years and now she is ready to marry but of course she cant marry under aunt's name

especially since the aunt is actually married. All of her documents are under aunt's name. We are desperate to remedy the situation. She is headed to dfa in a couple of 

weeks to explain the situation and hopefully be able to apply for a new passport with her new ID. The first thought was to try and just get a new passport without bringing up the old one

but I explained that they would probably run a check on fingerprints and match to older ID. So, she just needs to be honest about the situation. 

 

Does anyone have any experience with this kind of issue. 

If her honesty at the dfa will not work, I will probably visit the American embassy while there and see if there is anything they can do for me. (or is that even a resource to tap?)

 

 

FYI. This is not a random girl I met two weeks ago. We have been in a relationship for about half a year. I have an American friend married to a family member of hers. Everything checks out. I have met the aunt 

and everything. I appreciate any advice, its just that we've gone through a lot of trouble to establish trust and would rather not defend any pessimistic comments. Thanks in advance. 

[Ontarkie 14,270]

~~Moved to the PI forum, from K1 P&P~~

[Crazy Cat 41,976]

I think this is the start of a long, uphill battle.  Professional legal help is needed in my opinion. 

[Roel 7,192]

10 minutes ago, thistime said:

I pray someone has experience with this situation. 

 

My girlfriend is in the phillipines pagadian city, I have tickets to see her at the end of August.

However, we sat down, got serious and shared everything about our past and it turns out that when she was underage

she used her aunt's name and info to receive a passport to work overseas to support her family.

As a minor she would not have been able to work otherwise. 

 

So, she has been working overseas off and on for several years and now she is ready to marry but of course she cant marry under aunt's name

especially since the aunt is actually married. All of her documents are under aunt's name. We are desperate to remedy the situation. She is headed to dfa in a couple of 

weeks to explain the situation and hopefully be able to apply for a new passport with her new ID. The first thought was to try and just get a new passport without bringing up the old one

but I explained that they would probably run a check on fingerprints and match to older ID. So, she just needs to be honest about the situation. 

 

Does anyone have any experience with this kind of issue. 

If her honesty at the dfa will not work, I will probably visit the American embassy while there and see if there is anything they can do for me. (or is that even a resource to tap?)

 

 

FYI. This is not a random girl I met two weeks ago. We have been in a relationship for about half a year. I have an American friend married to a family member of hers. Everything checks out. I have met the aunt 

and everything. I appreciate any advice, its just that we've gone through a lot of trouble to establish trust and would rather not defend any pessimistic comments. Thanks in advance. 

Find a lawyer.

 

Faking identity.. using fake passport.. This is not something a DYI website can help you with.

[Crazy Cat 41,976]

1 minute ago, Roel said:

Find a lawyer.

 

Faking identity.. using fake passport.. This is not something a DYI website can help you with.

Agree 100%......This could easily be seen as criminal in nature........it might be easier for the OP to relocate to PI.

[Ben&Zian 4,398]

Have to agree with both above. This isn't just a small 'mistake'. This is a big thing and the US will not look kindly upon identity theft even if it is of a relative and for a "good cause". So this is not a do it yourself thing. She can try to explain it all but she is in for some legal issues I would have to imagine on her end which will only complicate your side of things when trying to do a K-1 or CR-1 visa petition.

[Jojo92122 1,924]

You've got major problems.  Like Mount Rushmore size problems.  This is beyond the help on VJ.  You need a very good immigration lawyer.

 

First, you got passport fraud.  (The "I was lying and committed fraud before, but now I am honest" - doesn't really work with the US Embassy.)

 

Second, getting police certificates for your fiancee will be a nightmare since she used a fake passport.

 

Third, it appears that your fiancee is fine with committing immigration fraud to get out of her country.  That's how she will be viewed, so you have to be prepared for this.

 

Good luck.

Edited May 21, 2018 by Jojo92122

[Jojo92122 1,924]

Have you consulted a PI lawyer to ask about the consequences of committing passport fraud?  

It may be a bad idea to go the DFA and admit to having commit passport fraud.  They may not be so understanding about it.

[Ben&Zian 4,398]

To note... let's put it this way. I am not entirely super familiar with how the Philippines works in sense of passports; but if she does admit to it all, which she basically has to obviously, minus any criminal charges she could face, how do you know the Philippines would even grant her a passport later on? Again I don't know how strict it is, but I wouldn't be surprised if this affected her ability to even leave the Philippines later on. They already have to do their CFO class and all.
 

This is from the Philippines Passport Act of 1996. I don't know if it has changed since honestly but bet it's stricter now.

 

a)    Offenses Relating to Issuances: Penalties. — Any person who: 1.    Acting or claiming to act in any capacity of office under the Republic of the Philippines, without lawful authority, grants, issues or verifies any passport or travel document to any or for any person whomsoever shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months nor more than six (6) years; or 2.    Being a diplomatic or consular official authorized to grant, issue, amend or verify passports, knowingly and willfully grants, issues, amends or verifies any such passport to any person not owing allegiance to the Republic of the Philippines, whether citizen or not, shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty Thousand Pesos (P60,000) and imprisonment of not less than eighteen (18) months but not more than six (6) years, and upon conviction, be disqualified from holding appointive public office; 3.    Being a diplomatic officer knowingly and willfully grants and issues to amends or certifies to the authenticity of any passport or travel documents for any person not entitled thereto, or knowingly and willfully issues more than one passport to any person except as provided for in this Act, shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months nor more than six (6) years and upon conviction, be disqualified from holding appointive public office. b)    Offenses Relating to False Statements: Penalties. — Any person who willfully and knowingly: 1.    Makes any false statement in any application for passport with the intent to induce or secure the issuance of a passport under the authority of the Philippine Government, either for his own use or the use of another, contrary to this Act or rules and regulations prescribed pursuant hereto shall be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than three (3) years nor more than ten (10) years: or 2.    Uses or attempts to use any passport which was secured in any way by reason of any false statements, shall be punished by a fine of not less that Fifteen thousand pesos (15,000) nor more than Sixty thousand pesos (60,000) and imprisonment of not less that three (3) years, but not more than ten (10) years; or 3.    Travel and recruitment agencies whose agents, liaison officers or representatives are convicted of offenses relating to false statements shall in addition to the fines and penalties abovementioned have their license revoked with all deposits, escrow accounts or guarantee funds deposited or made as a requirement of their business forfeited in favor of the government without prejudice to the officials of the branch office or of the agency being charged as accessories to the offense and upon conviction barred from engaging in the travel agency business. c)    Offenses Relating to Forgery: Penalties. — Any person who: 1.    Falsely makes, forges, counterfeits, mutilates or alters any passport or travel documents or any supporting document for a passport application, with the intent of using the same shall be punished by a fine of not less than Sixty thousand pesos (P60,000) nor more than One hundred fifty thousand pesos (150,000) and imprisonment of not less than six (6) years nor more than fifteen (15) years; or 2.    Willfully or knowingly uses or attempts to use or furnishes to another for use any such false, forged, counterfeited, mutilated or altered passport or travel document or any passport validly issued which has become void by the occurrence of any condition therein prescribed shall be punished by a fine of not less than Sixty thousand pesos (60,000) nor more than One hundred and fifty thousand pesos (P150,000) and imprisonment of not less than six (6) years nor more than fifteen (15) years: provided, however, that officers of corporations, agencies or entities licensed in the travel and recruitment industry would be held similarly as their agents, liaison officers or representatives: provided, finally, that forgeries of five or more passports or travel documents, would be considered as massive forgery tantamount to national sabotage and shall be punished by a fine of not less than Two hundred and fifty thousand pesos (P250,000) nor more than One Million pesos (1,000,000) and imprisonment of not less than seven (7) years nor more than seventeen (17) years. d)    Offenses Relating to Improper Use: Penalties. — Any person who willfully and knowingly: 1.    Uses or attempts to use, any passport issued or designed for the use of another or any supporting documents for a passport application which belongs to another; or 2.    Uses or attempts to use any passport or supporting documents in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant thereto; or 3.    Furnishes, disposes, or delivers a passport to any person, for use by another or other than the person for whose use it was originally issued or designed; or 4.    Defaces or destroys a Philippine passport, shall be punished by a fine of not less than Sixty thousand pesos (P60,000) nor more than One hundred fifty thousand pesos (P150,000) and imprisonment of not less than six (6) years nor more than fifteen years. e)    Offenses Relating to Multiple Possession: Penalties. — No person or individual may hold more than one valid passport, except as provided for in Sec. 7 hereof, and any individual who possesses more than one unexpired passport shall, for every unexplored passport found in his possession, be punished by a fine of not less than Fifteen thousand pesos (P15,000) nor more than Sixty thousand pesos (P60,000) and imprisonment of not less than eighteen (18) months but not more than six (6) years: provided, that the maximum fine and imprisonment shall be imposed by the court if he attempts to use or actually uses an unexpired passport which is not in his name. In case any of the offenses prohibited in this Act constitutes a violation of the Revised Penal Code and the penalty imposed in said Code is heavier than that in this Act, the latter penalty shall be imposed. Sec. 20.    Suspension of Accreditation. — Any duly accredited travel or recruitment agent or agency which violates the prescription on application for passport under Sec. 6 hereof shall have such accreditation suspended without prejudice to civil, criminal or administrative sanctions including revocation of its license to operate. The mere submission of spurious, forged or falsified documents supporting a passport application by any duly accredited travel or recruitment agent or agency shall be prima facie evidence that the said travel or recruitment agent is the author of such forgery or falsification. Sec. 21.    Rules and Regulations. — The Secretary shall issue such rules and regulations as may be necessary to implement the provisions herein within sixty (60) days from date of effectivity of this Act without extension or delays. Sec. 22.    Separability Clause. — Should any provision of this Act or the applicability thereof to any person or circumstances is held invalid, the remainder thereof shall not be affected thereby. Sec. 23.    Repealing Clause. — All laws, decrees, orders, rules and regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly. Sec. 24.    Effectivity. — This Act shall take effect fifteen (15) days after its publication in at least five (50 newspapers of general circulation or in the Official Gazette.

 

[Crazy Cat 41,976]

This is one of those rare cases where I would have to sit back and take a long, long look at where this action is headed.........OP, please seek legal help in PI.  I would advise your GF to see an attorney before taking any action....

[Roel 7,192]

I just assume you're very young if you think just "being honest" will fix a pretty big crime.

If I were you, I'd actually start considering moving to her country.

[shumway1756 304]

Wow. Definitely get legal help in this situation. This is no small matter, as many have stated. Think about moving to her country. Even then, she's still got major problems to overcome.

 

I really don't want to be "pessimistic", but want to be realistic with you. Unfortunately big mistakes have big consequences for the future.

[Russ&Caro 1,549]

You've only been in a relationship for 6 months? It's not a bad time to reconsider all of your options. One option would be to put the relationship on hold while she sorts out all of this. You could provide moral support through the process.

 

p.s. Not offering pessimistic advice here. Just recommending you look at all options considering the relative newness of your relationship.

Edited May 21, 2018 by Russ&Caro

[thistime 0]

 

52 minutes ago, missileman said:

Agree 100%......This could easily be seen as criminal in nature........it might be easier for the OP to relocate to PI.

 

50 minutes ago, Ben&Zian said:

Have to agree with both above. This isn't just a small 'mistake'. This is a big thing and the US will not look kindly upon identity theft even if it is of a relative and for a "good cause". So this is not a do it yourself thing. She can try to explain it all but she is in for some legal issues I would have to imagine on her end which will only complicate your side of things when trying to do a K-1 or CR-1 visa petition.

 

I was afraid of this. 

But I think this was the reality check that i needed. 

I was sure that this had to be a serious issue. even a criminal issue. 

But she seemed confident.........i dunno. 

 

sorry I didn't reply to everyone that posted but you all just confirmed what was already in the back of my mind. 

 

I guess my last question... is it even worth pursuing?

getting an immigration lawyer and fighting that fight.

God knows how much all that would cost. 

I know the answer already I think but just asking anyway. 

 

Thanks everyone for responding. 

 

[Ben&Zian 4,398]

3 minutes ago, thistime said:

 

 

 

I was afraid of this. 

But I think this was the reality check that i needed. 

I was sure that this had to be a serious issue. even a criminal issue. 

But she seemed confident.........i dunno. 

 

sorry I didn't reply to everyone that posted but you all just confirmed what was already in the back of my mind. 

 

I guess my last question... is it even worth pursuing?

getting an immigration lawyer and fighting that fight.

God knows how much all that would cost. 

I know the answer already I think but just asking anyway. 

 

Thanks everyone for responding. 

 

 

No one here can answer that. That is your decision to make as to how you feel about her.

 

Read my other post above about the Philippine Passport Act of 1996.

 

It basically states on her end in the Philippines she probably could be looking at 3-10 years in prison plus fines... And identity theft, honestly, probably is a ban from the US so even if she did her time in the Philippines, the US would know about it and probably ban her than too so...it's a long road ahead so that is a decision you have to make personally. 

 

Consult an attorney in the Philippines. Only they can give you the real reality check whether good or bad honestly. Then you have to make your own decisions.