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quenma888

Is my marriage valid? Scam annulment?

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We desperately need your help 😥😥

My husband asked me to marry him. Although I was on a tourist visa he said he loved me and was willing to petition and support me. So I did marry him in America. 

He believed he was single but apparently was not.

The story is he was taken advantage by a woman he married in the Philippines before. Even though he was a battered husband he was accused of psychologically abusing that woman.  He was detained at the embassy. He had to give an enormous amount of money in the condition that the case against him would be dismissed and for an annulment to be processed. 

After signing the hand over of cash at the embassy he was deported back to America. He was banned from coming back to the Philippines. Apparently the woman has relatives and friends in the government. 

Now we found out that my husband was scammed of an annulment.  It wasn't processed at all.

We're worried that my marriage to him is void. He's stressed because he can't go back to the Philippines to fix this.

What should we do?

We really need your help please

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Others much smarter than I will weigh in, but to me your marriage is invalid and therefore you will not be able to get a greencard (yet). Your husband will have to divorce his first wife, then marry you and THEN you can AOS. Until then you are out of status and deportable.

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He needs to get divorced first.

Then he can marry you and you can do AOS.


AOS timeline

02/21/17 Sent AOS, EAD and AP to the USCIS Lockbox Facility in Chicago via UPS

02/24/17 USCIS received the application

03/14/17 Check was cashed

03/15/17 received NOA1s as text messages and emails( notice date is 03/13/17)

03/21/17 NOA1 hardcopies received in the mail

03/30/17 Biometrics Appointment letter received in the mail

04/11/17 Biometrics appointment

05/07/17 Day 75 -> called USCIS about my EAD/AP status: service request was made; my I-485 is still in the normal time frame

06/01/17 Day 100 since sending AOS to USCIS Chicago Lockbox

06/08/17 Day 107 -> new EAD status: New Card Is Being Produced( No RFE or RFIE)

06/12/17 Received NOA2 Approval Notice for EAD and AP in the mail

06/13/17 New EAD status: Card Was Mailed To Me

06/17/17 Day 116 -> Received EAD/AP combo card in the mail

10/18/17 Day 240 -> Green Card is being produced (no interview)

10/20/17 Day 242 -> Card Was Mailed To Me; Welcome To the United States-letter  was in the mail

10/25/17 Day 247 -> USPS couldn't deliver Green Card due to insufficient address; the mailman was too lazy to leave the letter on the porch

11/14/17  Day 267 -> Appointment at the USCIS Atlanta Field Office to request that USCIS resent my Green Card

11/15/17 Day 268 ->  Called USCIS and talked to an Tier 2 Immigration Officer: My Green Card will be resend to me

12/11/17 Day 294 -> Received a letter from USCIS saying that my Green Card will be resend within the next 30 days

01/09/18 Day 323 -> Filed a paperwork called DHS-7001 in order to talk to a USCIS Ombudsman about USCIS resending my Green Card

03/23/18                 -> My Green Card got finally delivered! :)

07/15/19                  -> File for ROC

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As others have said, the first marriage makes your marriage to him invalid. He is probably looking at annulment with you based on the previous marriage and divorce with the first wife. Fortunately, he doesn't have to go back to the PH to get a divorce from the first wife.

 

Now here comes the other issues. You stated that you were here on a tourist visa. Did you overstay? Were you filing for adjustment of status? The reason I bring this up is because, if so, you are now in limbo without legal status in the US until he gets this fix. And dealing with this may take a great deal of time. So you are either stuck here unauthorized or will have to return to your country but won't be able to visit the US with your old tourist visa.


“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 any or all.” - NuestraUnion

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Wonder which embassy detained him and he had to pay money? Wasn’t US one. 


Removal of Conditions Journey

3/3/2009 - Removal of conditions - sent off packet to CSC

3/5/2009 - I-751 received in CSC

3/9/2009 - Check cashed

3/20/2009 - Biometrics notice received (no NOA1)

4/2/2009 - Biometrics

4/9/2009 - NOA1 date (first undelivered one is 3/5)

4/3/2009 - Touch?

5/6/2009 - ROC Approval - 65 days

6/22/2009 - CRIS Card production ordered email

7/7/2009 - GC arrived!

Naturalization Journey

3/03/2010 N400 sent to Arizona Lockbox

3/15/2010 Check cashed

3/17/2010 NOA1

3/18/2010 - Biometrics notice sent

3/26/2010 Early biometrics done at an ASC different from the one assigned to (Original BIO date was 4/15)

4/30/2010 Yellow letter received and info from USCIS mil line they are working on my interview letter (6/17 appt)

5/1/2010 Text and email interview letter sen

5/6/2010 Interview letter received - scheduled for 6/17/2010 at 10:05am

6/17/2010 Interview appointment - PASSED

6/29/2010 US Citizen

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50 minutes ago, milimelo said:

Wonder which embassy detained him and he had to pay money? Wasn’t US one. 

That was what I was thinking.  The US wouldn't do that.  They also would not make him pay a bunch of money before leaving.  There is more to this.

 

If she is out of status won't that impact her legitimate visa attempt?  If she overstayed her tourist visa they may have an uphill battle ahead of them for the spousal/fiancee visa.  It seems like she is not married so there is no need for her to divorce but the husband needs to divorce his first wife and that can be challenging without her involved depending on where he lives.  My spidey sense thinks he may not be being 100% truthful to her.


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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When he was taken by police he insisted to be detained in the US embassy instead of a local jail after he was charged of psychological abuse.

He married me before he found out that the annulment wasn't processed. He was working on the petition already.

Apparently the woman used the case of Psychological Abuse as grounds for annulment. In exchange to dismiss the case against him he had to pay a large sum of money to her. Money that was supposed to go to the annulment process. 

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1 hour ago, quenma888 said:

When he was taken by police he insisted to be detained in the US embassy instead of a local jail after he was charged of psychological abuse.

He married me before he found out that the annulment wasn't processed. He was working on the petition already.

Apparently the woman used the case of Psychological Abuse as grounds for annulment. In exchange to dismiss the case against him he had to pay a large sum of money to her. Money that was supposed to go to the annulment process. 

Psychological incapacity is a very common excuse for annulment in the Philippines.  There really shouldn't be a case unless he was accused of abuse (which is usually different from incapacity).  I've never heard of a case where any police agency in a foreign country allows the "sentence" to be carried out in a foreign embassy.  Once he is at the US Embassy he is on US soil and not under the jurisdiction of the local country.  I don't believe they would incarcerate him there but others know much more than I do.  Being somewhat familiar with the Philippines there are parts of that story I get and parts that just don't quite add up.  It is definitely not the whole story.

 

Bottom line is he is still married so your marriage is null and void.  He needs to end the first marriage.  That is the first step.  You never answered if you are overstaying your tourist visa.  That would be my main concern.  This can all be worked out but if you are staying illegally in the US that can have a serious impact to your next petition.

 

There are things that need to be handled to get this back under control.  Get yourself legal.  End his first marriage.  Get married.  File a spousal visa.  You can also get yourself legal, end his first marriage, file a K-1 and then get married.  You should get a good lawyer because it seems like a lot of this would require you to be out of the US or get your visa extended (if possible) while the rest plays out.  This is going to take a while.  K-1 and CR-1 are both roughly a year and he will need to have his first marriage legally dissolved before he can file the K-1 or remarry you and file the CR-1.

 

This is probably doable but it doesn't sound easy as there are a lot of "gotcha" points during this process.  Annulments in the Philippines take anywhere from a year to two and would cost between 200,000 and 500,000 pesos ($4000 to $10,000 US)

 

That is not all paid at once.  It is paid at stages along the process.

Edited by John & Rose

June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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First you need to find out what happened. Otherwise agree with everybody else.


“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.”

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Where is your home country? Are you free to visit back and forth as he gets all of this straightened out?


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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Presumably if you get an Annulment there will be paperwork.


“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.”

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