AnaMarie18

3 minutes ago, Ben&Zian said:

 

CEMAR for previously married. CENOMAR for never married.

 

Anyways yes that is confusing because it may cause complications through USCIS and the embassy level so it's important to for them to verify it is legal otherwise will just be a huge waste of time and money for the application or visa to be denied later on.

Thank you! It's just hard for them to trust any legal representative/immigration lawyer because they have been scammed once. Thank you for everyone's kind response!

6 minutes ago, Ben&Zian said:

 

That's main thing. They need to make sure that the US recognizes it as legitimate. It's the US laws you're dealing with here.

 

Like also noted by @doggieandsam if they are not legally married as in it was void because of the original marriage not being annulled, it opens up the K-1 fiance visa route as a possibility.

Thank you! I understand that the US needs to recognize their marriage, but as a Filipino when applying for a k-1 or spouse visa, they require you to submit a copy of your nso certificate that shows you are single/married (I forget what it's actually called) and in that certificate, my US father and mother are legally married and also shows that her annulment didn't get finalized until AFTER their marriage. That is what is confusing for them.

1 minute ago, doggieandsam said:

first off, the tourist visa was most likely not granted because the CO  thought your mom had more ties to the US (ie USC "husband") than ties back home. getting denied a tourist visa on the grounds of "not having a previous marriage annulled" is not correct (for lack of a better term).

 

re your question, if i'm understanding correctly, your mom got married to your USC stepdad while still married to her previous husband. this means that second marriage was null and void and so your mom and USC stepdad are not officially married yet. so the next step is for them to actually get married. and then file for spouse visa (CR1). or they can file for a fiancee visa (K1) and get married in the US. look at the guides for pros and cons between CR1 and K1 visas.

Thank you so much for you response! This is definitely helpful.

14 minutes ago, AnaMarie18 said:

11 minutes ago, Ben&Zian said:

 

If they are legally married and the annulment is final/official, applying for CR-1/IR-1 visa would be best. You need to ensure that because the annulment wasn't done until some 10 years later that they are infact legally married first, as obviously it would  be void if your mother was still officially married to someone else. Process for CR-1/IR-1 visa is about 14 months. Guide is here: http://www.visajourney.com/content/i130guide1

 

 

Hello Ben&Zian,

Thank you so much for the response! Yes, they are legally married still from 2005, do you think they need to get married again? Or is the marriage from 2005 prior to the annulment will suffice? Their marriage in 2005 is recognized in the Phlippines.

Hello Everyone,

My step-father is American and my mother is Filipino. My step-father married my mother in 2005, soon after he tried applying for a tourist visa for her. She got denied because they found out that her previous marriage was never annulled. My parents hired a lawyer in the Philippines to settle annulment once and for all. It took them 10 years to finalize the annulment and now my mother is finally free from her previous marriage! Now, my father would like to bring her in the states. What would be the best approach/route to take for them? Asking for advice because these situations are rare! Thank you.