midnightrider1961

The marriage would not be valid if she has a CENOMAR (certificate of no marriage) showing she is legally married in the Philippines. Without the red ribbon it would be considered invalid in the US Embassy Manila. (Hence why I said that.)

To get it certified you need a valid certified copy of the Marriage Agreement sent to the NSO in Manila. Six weeks later you can have a family member with POA signed to pick up your copy saying the marriage is legal.

Make sure the Marriage Document has been registered with the Philippines Consulate nearest you, and your local civil marriage license center. Otherwise the Philippines may not accept the Marriage.

Your wife should know exactly what I am talking about.

yes, she has a CENOMAR. M not sure about the ribbon. She has been single all her life. Not even a boyfriend....

You started by saying that it was both your intent that she come here as a Tourist stay and adjust, so not sure many people would suggest you lie.

Presumably your wife just said she was visiting when asked about the purpose of her visit?

Usually this question does not arise at an adjustment interview.

The K3 is effectively dead, the alternate option would be CR1.

She is legally married in the US, what the Philippines think is not relevant for adjustment purposes.

Thanks for your reply. If I seemed vague and misleading in my first statements, it was because I was just trying to give the necessary bare bones facts without telling a long story. I have no intention of misleading or lying to the government. My concern is that if I don't elaborate on the circumstances of how my wife and I came to be married, then the govt could easily assume that since we got married soon after her arrival here that it was all pre-planned. Writing a statement of explanation is the only way to avoid that happening. I'm not sure if I can submit such a document because it's not a required or requested item. In addition, perhaps the govt would assume that things couldn't happen so quickly without being planned and accuse us of lying to them.

She did come to the USA with the intention of visiting. I asked her to marry me and she said yes. I assured her that it would be ok regarding her status because of what I thought I knew about immigration law.

If she returned to her country, wouldn't I be free to follow the K3 route?

K-3 would be the best way. And I believe that you would not get an adjusment of status, but that is just personal belief. There are too many variables that you have not listed for a filipina to get married, much less get her a visa.

1. Did she update her CENOMAR in philippines and then have them put a red ribbon on it?

2. Does she have a copy of her birth certificate with red ribbon attached?

3. Is she above the age of 23?

Any of those things can trigger your marriage to be invalid according to Philippines law. Even getting married in the United States would be deemed invalid without her doing the CENOMAR in the Philippines.

If you submit now, you can spend time with her on the current visit visa. Then get another one after her I-130 has been processed. She can visit you quite often if you have cash to pay the tickets and visit visas. Once everything has processed through NVC, you can do her medical in Manila and follow up with the interview.

Really, it is up to you what you do. I recommend you speak with a lawyer fluent for Philippines marriage and U. S. Immigration.

Thanks for your reply, btw, we are both 53

I need information and advice. I became aware of the flaws in my original ‘plan’ after it was too late. I had believed it wasn’t a problem to obtain a change of status from B-2 visitor to LPR with conditions for my new wife because it was legal and allowable; based on a study of the requirements, and based on my past experience of successfully completing a K-1 process (for my own wife, now ex-wife) from China and (2) K-3’s for other people. Obviously, I was wrong, there are big issues. I wish I had known of the existence of websites like this….. I didn’t know my plan was flawed and red flags would be raised. My wife trusted/trusts me, that I know what I’m doing…

I don’t have a lot of money, and I don’t have a lot of time to make some decisions.

Here are the details and questions that I have.

-My Filipina woman (with a 10 yr visa) arrived in April as a B-2 that will expire in mid-Oct (after 6 mos)

-We got married only 2 weeks after she arrived (big mistake, I know now!)

-Time goes by…, while bona fides evidence is being built up and the petitions and supporting documents are being assembled.

-Everything is almost ready: the I-485, I-130, I-864, I-693, and I-765 packages.

The only thing I can think of doing, in order to successfully get a change of status approval, is to write statement affidavits from my wife and myself; trying to explain how such a thing has happened, without my wife coming to the USA with the intention of getting married and living in the USA. Is this possible? Any comments or suggestions? What is the liklihood of getting approval? My wife didn’t know anything about immigration laws, but she has always been concerned.

I have now read that if the AOS is denied, 2 general paths could emerge. One path is for those whose marriage legitimacy is questionable. I’m not worried about that. Our marriage is a legitimate one and we have very decent bona fides evidence. If we are denied the AOS but prove legitimate marriage, What is the removal process/order for my wife? I have read that the removed spouse would subsequently be able to apply for an immigrant visa through their home country consulate. Does that mean that we start all over using a K-3, or is there some other process that would come into play?

I only have 4 or 5 weeks before my wife’s legal visitor status expires. I need to either submit the AOS bundle, get her on a plane back to the Phils, or maybe apply for a visitor extension (I think that’s possible).

I don’t want to take any chance that my wife or I could end up being charged with trying to evade immigration laws and she gets barred from entry to the USA, and we have a costly legal mess to deal with. I’m somewhat fearful that the statement affidavits could be construed as trying to evade. Though they could hopefully be written so as to avoid that happening, but at the same time give me some hope of success. Please feel free to comment on all this…

I am considering abandoning the I-485 route, then having my wife go back home and starting the K-3 process. But there are financial considerations and the fact that we would be separated for a long period of time. Both of these scenarios would be hard on me because my wife would see it as a lack of preparation for her to be my wife on my part. And it would be doubly hard on her because she really values her personal integrity.

In my circumstances, it’s I-486 vs K-3 ??? Do you have any concluding thoughts.

THANK YOU, PLEASE HELP !!!