Is my marriage valid? Scam annulment?

[Hank_ 9,173]

4 hours ago, quenma888 said:

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

As many others have stated already -   It isn't that difficult .. HE doesn't need an annulment, he only needed to divorce his "EX" in the state where he lives.   Sadly .. your marriage isn't valid so that needs to be addressed (lawyer maybe) .. Once he completes the divorce he can then properly marry you. 

Edited October 30, 2018 by Hank_

[You Don't Know Me 6]

For a US Citizen to divorce a PH Spouse he doesn't need her cooperation. He can pay a lawyer or other agency in PH to have her served notice. Where it gets tricky is that some will insist that said notice is notarized by the US Embassy or some other "expensive" requirement. When I was looking quotes ran from $500 for a Private Investigator to almost $2,000 for a Legal Firm with a presence in the US and PH. If her location is "Parts Unknown" then notice by publication in the town of her last known residence will suffice btu you have to make sure you get proof that meets your local standards.

 

In the end, I offered my ex $500 ($150 up front and balance upon delivery) for the document I needed her to sign and have notarized (Waiver of Notice and Entry of Appearance), the document varies from state to state. Most US courts will accept PH notary.

[payxibka 10,044]

35 minutes ago, You Don't Know Me said:

For a US Citizen to divorce a PH Spouse he doesn't need her cooperation. He can pay a lawyer or other agency in PH to have her served notice. Where it gets tricky is that some will insist that said notice is notarized by the US Embassy or some other "expensive" requirement. When I was looking quotes ran from $500 for a Private Investigator to almost $2,000 for a Legal Firm with a presence in the US and PH. If her location is "Parts Unknown" then notice by publication in the town of her last known residence will suffice btu you have to make sure you get proof that meets your local standards.

 

In the end, I offered my ex $500 ($150 up front and balance upon delivery) for the document I needed her to sign and have notarized (Waiver of Notice and Entry of Appearance), the document varies from state to state. Most US courts will accept PH notary.

If a divorce is needed it can be done in the USA by abstenia.  Absolutely no reason to ever step foot in the Philippines.  I smell something even more going on here.  No basis, just a feeling

[Loren Y 2,732]

If you haven't overstayed your Visa yet, to cover yourself in this situation I would leave before stacking up overstay or becoming out of status. I know it is cold hearted, but you have to look out for yourself. When and if he gets things straightened out, he will have no problems filing a K1 so you can come back and get legally married and AOS. Don't throw away your chances on ever being able to enter the US again.

[Diane and Chris 651]

2 hours ago, aaron2020 said:

The law considers your husband a bigamist, so you will not qualify for a green card based on being the second wife.  This is not a do-it-yourself case.  You need good competent US lawyers who understands bigamy laws and immigration laws. 

And she needs lots of money. 

[Going through 5,668]

5 hours ago, merc0230 said:

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.

Don't sell yourself short---you're pretty smart as well given your initial response  

[merc0230 28]

I also want to add and clarify. Many statements saying you must leave/return to ensure you don't overstay, blah, blah. 

Overstays are forgiven once you are legally married to your "husband". You can still AOS after the mess with his "ex" is straightened out.

However, you will be out of status and remain out of status (and subject to deportation) until you are legally married and file for AOS.

[Russ&Caro 1,548]

1 hour ago, merc0230 said:

I also want to add and clarify. Many statements saying you must leave/return to ensure you don't overstay, blah, blah. 

Overstays are forgiven once you are legally married to your "husband". You can still AOS after the mess with his "ex" is straightened out.

However, you will be out of status and remain out of status (and subject to deportation) until you are legally married and file for AOS.

I went back through the thread and no one is saying she must leave and no one has denied that any overstay would be forgiven after a legal marriage and AOS is filed.

 

What many of us have suggested is that she consider leaving before her status expires for her own welfare to retain her ability to visit the US in the future should her current relationship not work out. This man has some personal red flags:

1. He married an incompatible woman in the Philippines and participated in the disintegration of that marriage

2. He got into some trouble that necessitated a visit to the US embassy there

3. Whatever he did there he felt compelled to cough up a large sum of money

4. He did not check to see that the annulment was processed

5. Seemingly quick courtship and marriage to the OP, causing him to be a bigamist

 

With that history, if I were the OP, I would consider keeping my options open.

[merc0230 28]

1 minute ago, Russ&Caro said:

I went back through the thread and no one is saying she must leave and no one has denied that any overstay would be forgiven after a legal marriage and AOS is filed.

 

What many of us have suggested is that she consider leaving before her status expires for her own welfare to retain her ability to visit the US in the future should her current relationship not work out. This man has some personal red flags:

1. He married an incompatible woman in the Philippines and participated in the disintegration of that marriage

2. He got into some trouble that necessitated a visit to the US embassy there

3. Whatever he did there he felt compelled to cough up a large sum of money

4. He did not check to see that the annulment was processed

5. Seemingly quick courtship and marriage to the OP, causing him to be a bigamist

 

With that history, if I were the OP, I would consider keeping my options open.

All Valid points. Good luck OP.

[payxibka 10,044]

17 minutes ago, Russ&Caro said:

I went back through the thread and no one is saying she must leave and no one has denied that any overstay would be forgiven after a legal marriage and AOS is filed.

 

What many of us have suggested is that she consider leaving before her status expires for her own welfare to retain her ability to visit the US in the future should her current relationship not work out. This man has some personal red flags:

1. He married an incompatible woman in the Philippines and participated in the disintegration of that marriage

2. He got into some trouble that necessitated a visit to the US embassy there

3. Whatever he did there he felt compelled to cough up a large sum of money

4. He did not check to see that the annulment was processed

5. Seemingly quick courtship and marriage to the OP, causing him to be a bigamist

 

With that history, if I were the OP, I would consider keeping my options open.

1.  Allegedly 

2.  Allegedly 

3.  Allegedly 

4.  Allegedly 

5.  Allegedly 

 

Far to many inconsistencies in the facts.  This whole situation if factual can be corrected by the USC from within the USA 

[Boiler 43,436]

All we know for certain is that she has been told a porky so what the real situation is well who knows.

 

Encourage anybody to stay in the US illegally is a clear breach of the ToS.

[geowrian 22,335]

2 hours ago, merc0230 said:

Overstays are forgiven once you are legally married to your "husband".

Overstay is ignored for AOS purposes, yes. But just being legally married does nothing regarding unlawful presence.

[John & Rose 7,237]

36 minutes ago, payxibka said:

1.  Allegedly 

2.  Allegedly 

3.  Allegedly 

4.  Allegedly 

5.  Allegedly 

 

Far to many inconsistencies in the facts.  This whole situation if factual can be corrected by the USC from within the USA 

Has anyone EVER heard of an American getting arrested in the Philippines where they allow the American to decide that he will be held at the US Embassy instead of a Philippine jail?  Have you EVER heard that the American while being held at the US Embassy was required to pay a huge sum of money to get the charges dropped (well OK, maybe....).  Too many really weird inconstancies.  

 

I'm thinking American marries filipino and for what ever reason they break up.  He goes back to the states and finds a visiting foreigner and he decides to get married quickly because how would anyone ever know he was married.  Lo and behold, someone finds out he is still married and has to make up some outrageous story to support his "mistake"...

 

[John & Rose 7,237]

4 minutes ago, geowrian said:

Overstay is ignored for AOS purposes, yes. But just being legally married does nothing regarding unlawful presence.

Can the overstay hurt a potential K-1 petition though?  They aren't married so they have to make it to AOS.

[geowrian 22,335]

3 minutes ago, John & Rose said:

Can the overstay hurt a potential K-1 petition though?  They aren't married so they have to make it to AOS.

Petition? No.

Visa? Yes - 180+ days / 1 year of overstay would result in a 3/10 year bar on any visa upon exit from the US.

AOS? No, as the IR of a USC. But as others noted, nobody here can condone overstaying.