C & L

Based on the facts you have provided, it appears that there is simulation of birth in this situation. Simulation of birth is defined as the tampering of the civil registry making it appear in the birth of records that a certain child was born to a person who is not his/her biological mother, causing such child to lose his/her true identity and status. Simulation of birth is a crime under the Philippine Revised Penal Code and other special laws.

The proper remedy is for the cancellation of entry in the birth certificate. Your sister can only register your child under her name if the process of legal adoption is followed. Since this concerns the civil status of a person which has been recorded in the civil registry, you may file a verified petition for the cancellation or correction of entry relating thereto, with the Regional Trial Court  of the province or city where the corresponding civil registry is located. 

There is a danger that your sister might be charged and prosecuted of a criminal offense of simulation of birth.

10 hours ago, icanbenobody said:

Yea something like that hehe thanks for correction @Randyandyuni umm do you have any idea what does Philippines required to have a renewal of vows in the Philippines? I search alot about it but didnt see any exact answers. Salamat

If your marriage abroad is considered valid in that country, which means it complies with the procedure and requirements prescribed by its laws, and it does not fall under the category of prohibited marriages in the Philippines, then your marriage is also valid and will be recognized in our country. Register the marriage abroad in any embassy or consulate in the US for evidence and marriage record purposes. Once registered at the PH embassy, embassy furnishes a copy to the Philippines Statistics Authority in the Philippines where you can get your marriage certificate.

The first marriage once valid and existing maintains its validity. You can make many renewal of vows if you want and you don’t need any requirements for it. The requisites of a valid marriage attaches to your marriage which happened abroad. It is just a matter of registering it at the PH embassy. Renewal of vows is nothing but a mere ceremony. You can never find any provision regarding renewal of vows in the Philippine family code or the Civil Code.

3 hours ago, pushbrk said:

Based on your circumstances and it being the Philippines, I don't see any red flags in your case.  Relax, and prepare for the next steps.

Thank you so much. What a relief! 2019 is the year for us. Happy new year!

7 hours ago, Paul & Mary said:

Other than your Birth Certificate I think you only Need the report of Marriage from NSO.  Just keep gathering documentation of your interactions and get him to add you to his credit cards, life insurance, will etc.  Things that a married couple in the US would have.  Since you were married in 2018 he can file with you on his taxes.  Taxes can be filed in February.  Have a copy of that to take to the interview as well.

Thank you for this. I will tell my husband to follow your suggestions and will take copies to the interview. 

25 minutes ago, Paul & Mary said:

I think your documents look ok.  Your petition will have to stand on wheat was sent in.  You can't add anything at this stage. You can add ore if they ask or at the interview stage.  

 

Hopefully you will hear back on the expedite soon.  It is too bad the petition wasn't filed sooner.

 

In the meantime it would be good for him to add you as a beneficiary to his life insurance policy and to add you to any other accounts he can.   You need to commingle your marital assets just like a married couple in the US would as much as possible. I was able to add my Filipina wife to my credit cards and bank account.  He can execute a power of attorney, update his will ,etc.   You can make out a will listing him.

 

You can also get your CFO stamp and an updated passport if you haven't already.

 

He can start to prepare the I-864 for the next stage.

Thank you for your advice/suggestions. Releasing of documents here in PH is quite slow. Husband and I have filed the petition armed with little knowledge so it took us time. I have a lawyer classmate practicing in new york but immigration is not his specialization so he just gave us some advice. 

My passport is updated and I'm using my husband's family name on it. I have CFO certificate.

Thank you for this. God bless.

6 minutes ago, milimelo said:

~ Posts split off to its own new topic. It’s bad form to jump into someone’s thread with your own questions- you start a thread for your own situation/circumstances. ~ 

I am sorry to the original poster. I didn't mean to intrude on your original post. Forgive my being new to this site. I have been just looking along and was triggered by Mr. Pushbreak's advice that his might be on all fours with our circumstance. Thanks and happy new year.

1 minute ago, Paul & Mary said:

What is the status of the I-130?  When was it filed?   (please fill out a timeline)

 

What was provided for the bonafide?  You can always take more to the interview.

My husband got the NOA1 on November 22.  It was filed on November 14. I'm new to this, I will make a timeline soon, Sir.

Bonafides submitted:

1. communication screenshots per month before and after the wedding

2. wedding pictures with family and friends

3. pictures before and after the wedding

4. money remittance (he spent everything for the wedding, Filipino culture: the man spends for the wedding, I didn't spend a single cent), he also sent money when we were married for the house improvement 

5. affidavit of his oldest sister (she and 2 sibling plus nephew from the US attended the wedding)

6. affidavit of my pastor who officiated the wedding

7. affidavit of husband's pastor (he had given us marriage counselling month and week before the wedding)

8. receipt of engagement ring, receipt of wedding ring

9. Letter of husband's surgeon that as his spouse I need to be by his side when had surgery

10. facebook wall posts (he sent me flowers twice when we were still dating online, he lost the receipts; but I posted that pictures of the flowers that he sent me on facebook and tagged him on those posts), lots of facebook wall posts

11. money remittance I sent him when he had surgery (I sent him 700USD he didn't work for more than a month)

12. pre-marriage requirements (both of us are single and never been married before our marriage)

13. waybill of Packages I sent him ( I sent him moringa, turmeric and all those healthy products for his health)

14. his passport entry and exit in the PH

(these are as far as I can remember, will ask him what else he included)

Added note: hubby requested for an expedite

Thank you.

On 12/30/2018 at 8:12 AM, pushbrk said:

My opinion is a little different but not so much.  I don't see a problem with  marrying on the first visit, in and of itself.  A combination of reverse age difference, marrying on the first visit, AND filing before any MORE visits is a recipe for failure though.

 

Let's know some more?   What IS the age difference? (actual ages)  How long will she stay on the first visit?  When can she visit again and for how long.  It's not how MANY visits.  It's how much time together in person.

 

On the other hand, I think many responders are assuming a short first visit, a huge age difference, and an immediate filing.  THAT is definitely where I would advise the OP to rethink her plans drastically, or forget about this relationship altogether.  Only something like losing a child could I imagine to be worse than going through a failed visa process and having a spouse half way around the world that you can never be with.

I admire your immigration acumen, Mr. Pushbrk. I am afraid I am facing one of these so-called redflags. Here are my facts:  I met my husband on a christian dating site. We both are born again christians and belong to the same church-- his church in the US and mine in the Philippines are one. We dated for a year online. I was introduced to his Pastor and our Pastors are communicating with each other about us. I am 39 and he is 43 years old. His Pastor even gave us an online marriage seminar. We married after a year of dating online BUT on his first visit. He lived for a month in Manila. 3 of his siblings and a nephew attended the wedding. We have tons of communication. He should have visited months after the wedding but he got sick that he underwent 2 surgeries. I applied for a tourist visa when he was on an emergency for operation but got denied even if I have a letter from the doctor that I need to be there during his operation for his fast recovery. Reason being is, I might not go back to my country if his condition won't be well and with all those what ifs. When he recovered, he filed for the I130 and that was 11 months after our wedding. I am highly educated and have a good job. I am a blank slate when it comes to US immigration law. In the Philippines, if your marriage is valid, it is valid and bonafides are immaterial. But this is US immigration. I didn't know that this is a thing to deal with. I need your help/suggestions in dealing/rebutting/strengthening our application circumstance more so in answering the CO during the interview. My husband badly needs me THERE. I'll be more than grateful for all your bits and pieces. Thank you. God bless and happy new year.

On 12/19/2018 at 8:15 AM, pushbrk said:

Yes, that's what I'm saying.  Understand the number one question to be resolved is whether the foreign spouse is conducting a bona fide relationship with the petitioner.  Petitioner sending money to the foreign spouse does NOT support that idea in the least.  It CAN support the opposite.  Leave it out.

 

On the other hand, money coming TO the petitioner FROM the foreign spouse DOES support the idea the foreign spouse is giving incentives to the petitioner to be in the FAKE relationship.  

 

Money transfers are NOT evidence of co-mingling of finances.

We submitted western union remittances. My husband sent money remittances for the wedding; I didn't spend a single cent for the wedding. In our culture, it's the man's family who should spend for the wedding. My husband sent money for me many times for my parents' land improvement. But when he underwent surgeries, I sent him money to pay for the apartment since he was not working for a month. I believe each case is unique. But generally, sending money by the beneficiary to the petitioner is a red flag.

On 12/15/2018 at 1:32 AM, Jaret&Rachael said:

Just got our NOA1 in the mail yesterday! Kinda of strange, we sent our electronic notification form, but they didn't contact us electronically at all, only through a physical letter.

We are at the Texas Servic Center!

We were neither notified electronically though we submitted the electronic notif form. My husband called USCIS and they gave him something like a reference number. Days later, he received our NOA1 thru mail. 

Hi Rachel! Our petition was received 19 November and we got our first NOA yesterday, 29 November. Hoping and praying!