JLoiS

Thanx for all the comments my new found online friends. I've been surfing the net for the past few days and found out that annulment in the Philippines started only on 2003. This only means that when my mom became a US citizen, there's no annulment in the Philippines yet..

uhmm.. thank you for all the comments.. I'm learning a lot here.

ANyway, Is there any possible way other than deportation? If in case she will be deported can she go back to the US again. Can she be petitioned by her US born child who is over 21?

uhmm.. thank you for all the comments.. I'm learning a lot here.

ANyway, Is there any possible way other than deportation? If in case she will be deported can she go back to the US again. Can she be petitioned by her US born child who is over 21?

Hello Members,

I hope everyone is doing well and I wish you all best of luck during your Immigration process.

Just when I think we've gotten all our documents together and ready to mail out soon, we've encountered another set back.

I'm really getting frusterated and angry. My husband and I have been married for 8 months now and we're eager to start this process.

I was just in the States spending time with my husband and his family for Thanksgiving.

While I was out there I asked my hubby to take out his documents so we can make copies of them. We searched his file cabinent and he could not find it.

I then told him it was ok, that we could go back to the place where we got his Birth Certificate.

He then text his exwife and asked her if she had a copy of it. (they're civil, and has been divorced for 15 years)

This is what he got out of her.

She said she does not have a copy, and that she has to get it from the court.

He said that she filed for divorce in 96', got papers for him to sign, he said he signed it and she was going to file it, since she worked at the court house.

At that piont I started to really get angry. (thinking she probablly didn't even file)

Many things running through my mind. He was worried too, but did not let me see that. I kept pressing him to find out more...

Then she said to him you know what this means right? He said NO. Then she says you guys will have to get married again.

#######, what the hell is going on??? Seems shaddy right?

I don't understand, she has her life, they don't even speak unless its about their son who is practically and adult.

My husband asked her to call him so he could further understand what she is talking about. She said she was going to look into it for us. Really?

I'm so mad. My husband doesn't think the County would issue us a Marriage Certificate if he wasn't divorced, but now I am really worried.

Could he be still married to her and not know it?

He plans on going to the Vital Statistics place tomorrow and try to see if he can get a copy of the Divorce Certificate.

Either he gets one or not will tell us what we're facing. Or does he have to call the Supreme Court?

My heart hurts....

Please if anyone knows what else we can do to find out, we'd really appreciate it.

At least you express your feelings.. It's better than keeping it inside. At this moment.. you can't do anything but to wait until when you get a divorce certificate. after that you will know what to do next..

Ofcourse in your part.. that's very sad to know. A lot of things is lingering in your mind, but..face it one at a time.

Lawyers can not give proper advice without proper information.

I know "Boiler". I will tell them just like what I'm saying here...

I'm afraid to take the risk if my mom's status in the US will be affected.

You Grandmother can file for him as the son of a USC (married).

As it sounds like he married before she naturalised the first petition died with that marriage.

You Grandmother can file for him as the son of a USC (married).

As it sounds like he married before she naturalised the first petition died with that marriage.

Ohh.. I see. So my grandmother needs to file another one for him. That would be another years of waiting. so sad..

My uncle get married before my grandmother naturalized.

Can she or can she not re-open the case. because if she file another petition for him again it would take longer years.. a decade maybe..

why didnt the petitioner UPGRADE the case (advised the NVC/Embassy of her new status..?

WHAT IS THE PRIORITY DATE , When did they get married, what is the date the petitioner became a US Citizen...?

Answering those questions would determine if the case was still valid based on if the marriage took place AFTER the petitioner changed her immigration status. Keep in mind that the case would have to be re-opened and an appeal may not be possible and be thankful if reopened/accepted expect another 3-4 year wait for the case to become current with the new category F3.

My uncle get married before my grandmother naturalized.

Why do you not ask her if the first marriage was annulled?

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She did not answer me directly. I think she's not annuled. That's my worry. But when I ask her what if the interviewer will ask me about my father. she told me that I will just tell them the truth that they are married but they are not living together anymore. That's what she told me. That's why I'm here to find some clarification on what to do.. Is it okay to go on interview when my priority date becomes current or its better not too..for my mom's sake.

Well, anyway.. I will go look for an immigration attorney to seek some clarification on this matter when I get home in the Philippines during my vacation.

I'm just thinking..

What if my biological father also has his own family now. Can he file for annulment to my mom even if it seems late? I think going thru annulment in the Philippines is expensive that only rich and famous can afford it. Sad to say. But the law is a law.. And we need to abide to it..

I'm just wondering when is annulment started in the Philippines. In what year?

You may mean Annulment.

Legal Separation in the Philippines is just legally separating the couple but it will not entitle both parties to remarry.

Your mother became USC because of her marriage to your stepdad. She will unlikely reach that point if the Dept. of Homeland Security finds out that her marriage in the Philippines isn't legally dissolved yet (knowing how strict they are now). I wonder how it was pulled off if what you assume is true. Did you ask your mom about it?

But as you said, your sister made it I wonder why you won't.

I know.. That's my worry.. that my mom maybe deported.. If that's the case i would rather not go for an interview when my priority date becomes current. After there interrogation to me in the phone during my sisters interview, We didn't expect much but then she was given a visa, and we feel so delighted.

One of my uncle was petitioned by my grandmother (LPR). Because of long waiting my uncle got married. His priority date becomes current, went for medical and interview but denied for a visa.

Last 2 years ago, his petitioner, my grandmother naturalized and became a US citizen. Is there still a way we can do for him to get a visa. Or can my grandmother reopen his case?

I would be glad to hear your comment or suggestions...

I'd like to give you a background behind the above story..

As far as I know the problem started when my father made an extramarital relationship while abroad in Saudi Arabia, maybe that was late 1980's, when I'm just on 3rd grade. When he came home, "we didn't expect him", thats when my mom found out the he has STD. Since then I saw them argued on many things. They separated. No support. No communication. Until mom decided to go abroad to support her 2 children.

At around 1994 mom met my stepdad. They came to the Philippines. That's the first time I met my stepdad. I hate my stepdad those days, I can't explain why, maybe as a child I'm still waiting for my biological father and my mom to reconcile. But it never happened. Within a year mom prepared for everything about her visa going to US, I don't know how she made it. I'm not sure if there's such NSO that time.

My stepdad went to US first and waited. During this year they exchange letters, post cards, etc. computers and cellphones was not common then. I remember my mom asking me to buy stationary. I hate the feeling because I hate my dad but then I did whatever she said anyway.. Within that year visa was granted to my mom. They got married, after few years of marriage they got a child. When I found out that I had a sister, I learned to accept the situation. I matured enough to deal with it.

As I've seen in my mom's certificate, my mom filed for citizenship after 5 years of marriage. In the same year she filed petition for me, but then I am turning 22 or 23. My younger sister is under 18 that time, she was petition by my stepdad. With regards to if my mom or my biological father annulled, I am not sure. but I do know that they got married at the age of 17(mom) and 18 (father). When I ask my grandma she said yes, "she did.. she can't come to US if not. She can't marry your stepdad if not." Just for curiosity, I wanted to know if they have a copy of marriage certificate in (NSO)national statistics office.. And yes, they still have.

Right now, my mom and stepdad is on their 60's, has a nursing home. My younger biological sister is a nurse in the US. My half sister ( from my stepdad) is in grade 8. I'm now 33 and getting, and working overseas as an RN.. I still want to go in the US, I've never seen my mom for almost 16 years. most of my families are there. From grandmother to cousins. I filed for a tourist visa last year but denied.

I don't want to get old and die without seeing them in person.. Soo my petition is my only hope, if will will be denied I might apply for employment visa.

The status (or lack thereof) of the relationship between your mom and biological father has nothing to do with the petition she filed on your behalf.

Really.. but why then during my sisters interview w/ a male white man in the embassy, everything went well. He did not ask so many questions about my biological dad, but after few days, a Filipina called me and she told me that she's from embassy (Manila, Philippines)and ask me questions about my biological dad, if we still have contact.. do we know where he lives.. they even ask me if I Can get a marriage contract of my parents in NSO (national statistics office) somethings like that.. She even told me they are not sure if they will give a visa to my sister then.. but after a month of no news from them a visa was delivered for my sister. Now it's my turn. my Pd is Nov.2001 for fb1 and the priority they are processing this month I think is Mar1997.. only a few years more to wait.So I'm just worried a bit.

My mom and my biological father got married after they found out she's pregnant, but they separated due to unavoidable circumstances. Long years had past until my mom met another man. Got her US. citizenship after years of marriage to my stepdad. After that she filed petition for me and my younger sister. My sister and I grow up with my mothers side, I don't have any news from my biological father since my parents separated (not legally separated, just living with their separate lives). Our step dad knows that my mom has children, We finish universities because of my dads help. My sister is actually living in the states now. For me I'm still in the Philippines because I turned 22 when my mom files my petition. And I've been waiting since then. My big concern is that I does my moms past marriage can affect my papers because my biological father and mom did not go in legal separation processing. What would I do. Do I need a lawyer?

I emailed NVC a week ago, here is their reply:

Unfortunately, we are unable to predict when this petition will be eligible for further processing. The petition is currently not eligible for further processing due to numerical limitations on immigrant visa issuance prescribed by law.

The petition will be retained at the NVC until an immigrant visa becomes available. The petitioner, principal applicant, or attorney of record will be notified when this petition is eligible for further processing. The principal applicant should not make any firm plans such as disposing of property, giving up jobs, or making travel arrangements at this time. For additional information, please review the explanation of numerical limitations on immigrant visa issuance below.

EXPLANATION OF NUMERICAL LIMITATIONS ON IMMIGRANT VISA ISSUANCE:

Immigrant visa processing is governed by the Immigration and Nationality Act (INA) of 1952, as amended, which controls priority dates and the number of immigrant visas that can be issued under certain preference categories. To establish which petitions are current and ready for processing, the Department of State issues a monthly publication called the Visa Bulletin.

The Visa Bulletin provides a list of cut-off dates that are used to ensure the number of immigrant visas issued each year does not exceed the legal limit established in the INA. Cut-off dates are categorized by foreign state of chargeability and preference category. Only a petition with a priority date that is earlier than the cut-off date is eligible for a visa number and further processing.

I think this is a machine generated reply if you emailed them. A representative from immigration will reply to your email after few days.

my priority date is Nov. 2001 but did not received anything yet..