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Tan Light

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

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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. ūü•ļWhen 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.ūü•į

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So was the first marriage ever recorded?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

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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... 

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Filed: K-1 Visa Country: Wales
Timeline

So it is just your mother who wants to immigrate 


‚ÄúIf 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.‚ÄĚ

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Filed: K-1 Visa Country: Wales
Timeline

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


‚ÄúIf 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.‚ÄĚ

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Filed: AOS (apr) Country: Philippines
Timeline

***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 by Adventine

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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 by JonInCA

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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 by Chancy
clarification

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