Jump to content
Dacks

Petitioned as unmarried son after my annulment, but later ex-wife & I came back together

8 posts in this topic

Recommended Posts

Hello All,

Can you please help me with this one?

Two years after my annulment in 2007, my mother petitioned me as an unmarried son. But a few months after our annulment, my ex-wife and I decided to live back together but did not remarry. Please note that we did not have the annulment (which cost around 150k PHP paid by my ex-wife's boyfriend) because of the petition. Actually, I wasn't that excited with the petition because I was already in my mid-forties then and I know these things take around 10 years. But why not? Anyway,  all my brothers and sisters are living abroad and I'm the only one left in the country. And maybe I can get my ex-wife later on so we can remarry there.
But my mother now is saying that my classification is no longer UNMARRIED because we are living in the the house which is still in both our names (conjugal property). We decided not to sell the house because my ex-wife's daughter's family was and still  living with us. When we bought a car two years ago, it's also in both our names. And she, my ex-wife, called me "husband" in Facebook. This Facebook issue is a big thing according to her because the U.S. government can see this and have it as proof that we are still married. I told her that our' marriage was annulled and what we are in now is a common law marriage which our government doesn't consider as a legal marriage.

Is my mother correct that my category should be MARRIED because of the conditions she mentioned?
If she is, does that mean changing category will reset my petition, meaning I have to start from the beginning again?

Share this post


Link to post
Share on other sites
Filed: Country: Vietnam (no flag)
Timeline

Your mother is not wrong.

The burden is on you to prove that you qualify for the visa as single.  You will need to provide your online accounts in the visa application.  Holding yourself out as husband and wife will make it hard for you to prove that you are single.  Everything that you are doing sure makes it looks like you are married to an outside observer.  

Stop calling each other husband and wife.  Stop buying things together.  You can live together, but if you make it looks like you are married, then you will be treated that way by US immigration.  

 

 

Share this post


Link to post
Share on other sites

I have no idea whether or not you will be treated as married, but to answer 

1 hour ago, Dacks said:

 does that mean changing category will reset my petition, meaning I have to start from the beginning again?

The answer is no - the category will change from F1 to F3, but you will retain the priority date of the original petition. 

Share this post


Link to post
Share on other sites
Filed: IR-1/CR-1 Visa Country: Kenya
Timeline
2 hours ago, Dacks said:

Hello All,

Can you please help me with this one?

Two years after my annulment in 2007, my mother petitioned me as an unmarried son. But a few months after our annulment, my ex-wife and I decided to live back together but did not remarry. Please note that we did not have the annulment (which cost around 150k PHP paid by my ex-wife's boyfriend) because of the petition. Actually, I wasn't that excited with the petition because I was already in my mid-forties then and I know these things take around 10 years. But why not? Anyway,  all my brothers and sisters are living abroad and I'm the only one left in the country. And maybe I can get my ex-wife later on so we can remarry there.
But my mother now is saying that my classification is no longer UNMARRIED because we are living in the the house which is still in both our names (conjugal property). We decided not to sell the house because my ex-wife's daughter's family was and still  living with us. When we bought a car two years ago, it's also in both our names. And she, my ex-wife, called me "husband" in Facebook. This Facebook issue is a big thing according to her because the U.S. government can see this and have it as proof that we are still married. I told her that our' marriage was annulled and what we are in now is a common law marriage which our government doesn't consider as a legal marriage.

Is my mother correct that my category should be MARRIED because of the conditions she mentioned?
If she is, does that mean changing category will reset my petition, meaning I have to start from the beginning again?

If there is no certificate, you are not married. Continue as unmarried then once you get your green card, marry your ex and file for her as F2A.

Share this post


Link to post
Share on other sites

Your mom filed in 2009? 
 

3 hours ago, Dacks said:

Two years after my annulment in 2007, my mother petitioned me as an unmarried son. 

F1 for Philippines for all 2009 dates became current between January and April of this year.  Has your mom received notification to proceed with your case?  What is happening in practical terms there? If it was still listed as F1 you should have  been in line for interview pre-Covid shutdown.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...