Planning to Petition for My Mom, but there's a problem.

[Tan Light 0]

I'm planning to file a petition for my Mom, but the problem is she is still married to her first husband when she married my Father. 🥺When she was 14 years old she was sold by my grandmother to her first husband. After 2-3 years she had managed to escape the first husband and then she met my father, and got married without annulment with the first husband.

 

Now I'm worried what required documents should I be sending when I file a petition for my Mom. Will she need the following documents?:

• CENOMAR OR CERMAR
• MARRIAGE CERTIFICATE

 

I really need her here with me.  If someone could share some answers, I would highly appreciate it. By the way she is from the Philippines.

TIA.🥰

[aaron2020 11,651]

Hi,

 

How did your mother marry the second time without an annulment?  Did she not disclose that she was already marry when she married a second time?

 

Bigamy is barrier to immigration.  

[Just Paul 4,591]

So was the first marriage ever recorded?

[Tan Light 0]

1 minute ago, aaron2020 said:

Hi,

 

How did your mother marry the second time without an annulment?  Did she not disclose that she was already marry when she married a second time?

 

Bigamy is barrier to immigration.  

Actually, I don't understand too, It happened during the late 80's, she was very young and naive I guess, she didn't even graduated from elementary, and yes I know ignorance of the law excuses no one... It's just sad that this will affect my intention to file a petition for her... My Father knows that she is already married, sigh... 

[SalishSea 16,770]

Women can be sold in the Philippines??

[Tan Light 0]

6 minutes ago, Paul & Mary said:

So was the first marriage ever recorded?

Unfortunately, Yes.

[Tan Light 0]

2 minutes ago, Jorgedig said:

Women can be sold in the Philippines??

Well... it happens in the provinces, during those times I guess. 

[Boiler 43,433]

So it is just your mother who wants to immigrate 

[Tan Light 0]

2 minutes ago, Boiler said:

So it is just your mother who wants to immigrate 

Yes, because she and my abusive father separated 15 years ago.

[Boiler 43,433]

Sounds like she needs to get things sorted out, a local lawyer?

[Adventine 3,187]

***Moved to the Philippines regional forum as the circumstances are highly country-specific***

 

The good news is that there is a bill that specifically states "any child marriage is considered void from the start, without any need for annulment." This bill was passed by the Philippine Senate last year. 

 

Source: https://www.pgaction.org/news/senate-philippines-abolishes-child-marriage.html

 

Once the actual law is passed, you may want to consult with a PH lawyer to see what can be done for your mom.

 

Edited December 6, 2021 by Adventine

[JonInCA 12]

Her second marriage is also void because the first marriage was still in effect at the time. Your mom needs a lawyer to go to court to get these marriages annulled,.

 

According to the article that Adventine posted "It is worth noting that a counterpart measure, House Bill No. 8440, is still pending at the House of Representatives." 

Edited December 6, 2021 by JonInCA

[Chancy 6,233]

5 hours ago, Tan Light said:

I'm worried what required documents should I be sending when I file a petition for my Mom.

 

To prove your relationship with your mom, all the evidence you need for the petition is your PSA birth certifcate with your mom's name on it.  BUT, you will have a problem filling out the petition truthfully, as the I-130 requires that you disclose details of the beneficiary's marriage(s).  Not sure how you can fill out her marriage start and end dates with info that is legally true.

 

Also, if your mom ever used her married name(s) on any civil document required for the visa interview (like her passport), she will need to present her legal name change documents, which are her PSA marriage certificate(s) and/or marriage termination documents like annulment records.  Note too that she will be required to disclose all the legal names she ever used when you file the I-130, when she fills out her DS-260, and when she applies for her NBI clearance.

 

Edited December 6, 2021 by Chancy
clarification