Odds of approval?

[ECS 3]

Hi folks. Im in a bind and was hoping for some insight.

My wife, “M” and I were married on 1998. Throughout our entire marriage, I was aware of her immigration problem. She has always told me that she was born on February 12, 1970 . She married her previous husband, W.H in 1991 while he was stationed at Clark Air Base, Philippines. Her husband received Military orders and “M” was scheduled for a Visa Interview sometime in July of 1991. Mt Pinatubo erupted before her visa interview and she was admitted to the US on a humanitarian visa and eventually had a visa interview once they were in Florida. She also came to the US with her Filipino daughter, her US citizen daughter, and her husband, Mr. H.. Once in the US , the INS denied her I-130 alleging that she was already married in 1982 and that her marriage to Mr H. was bigamous and was placed in deportation proceedings, along with her Filipino daughter, A. She claimed that marriage in 1982 never happened, but even if she did, She had affidavits and sworn statements attesting that she was born on February 12, 1970 and her birth certificate was eaten by termites. If she was born in 1970, she would have only been 12 at the time and that marriage would have been void from the beginning and that she and her daughter should be able to stay in the US.

She always told me that A was a result of her being raped at the age of 17 (which she insisted was the first time she had sex) and the man that raped her was Leonardo Sabado, the same man listed on the 1982 Marriage certificate. But in the beginning of our relationship, she at first denied A as being her daughter and claimed it was her niece. In her records, there is a birth certificate for an “Angie Marcos” born on August 31, 1987 but the parents listed on that birth certificate are also the parents listed on “M”’s birth certificate, so I am not sure who A’s parents are.

Throughout our entire marriage, she has always denied ever signing this marriage certificate, but even if she had signed it, she was only 12 at the time (so she said).

Naively, or simply being uninformed, I stood by her throughout our marriage, as I did not have reason to not believe her. We went through a number of lawyers without success until we retained a lawyer in Florida . To make a long story short, our lawyer was able to convince an Immigration Judge that she submitted enough evidence to prove that she was born in 1970, which would have made the marriage in 1982 void. And that she should have never been inadmissible in the first place. In November, 2009, she received her permanent resident card.

In February of 2010, R (“M”’s second daughter that I have raised since she was 4 years old) came to me and asked me who ““J”” is. I replied I had no idea and she told me he sent her a message on Facebook and told her that he was “M”’s son. I waited until “M” came home and asked her if, after being married for 12 years, she had something that she might want to confess. She said no. I then showed her “J”’s Facebook page and her jaw dropped. After almost 12 years of marriage, she confessed that it was her son. He is 26 years old and she basically abandoned him in the Philippines. She never once told me about him. And to make matters worse, the father of “J” is the Filipino who she denied ever being married to. She never has claimed him on any Immigration documents or anywhere else. So her saying that A was her first pregnancy due to her being raped was a lie. At that time, I decided it was best for our son to remain married to her. I asked her if there was anything else that she wanted to tell me. And she said that was it. No more lies.

On one Friday in May of 2010, I come home and “M” is crying on the couch. She had received a letter from Department of Homeland Security saying that she is removable because she lied about her age and that she did not have a valid Visa. All weekend long, I assure her that it has to be some kind of mistake and we will get through this. I spend all weekend researching what could have happened and I email our lawyer who helped us win. He is dumbfounded as well and insists there has to be some kind of mistake.

The following Monday, I receive an email from the lawyer. It has an attachment and this attachment contains “M”s actual Birth Certificate. Why it took this long to obtain her real birth certificate, I do not understand, but it turns out that she was actually born in 1964 and she has been living a lie all this time. I confront “M” and she admits that she was in fact born in 1964. “M” should have never been allowed in the US in the beginning. She has committed fraud against the USCIS and DHS. She has committed perjury and fraud this entire time, she lied about her age and signed documents swearing that her Date of Birth was 2/12/1970 when in fact she was born in 1964. She should have never been admissible in the first place.

So to reiterate,

1) “M” abandoned a son when he was approximately 5 years old.

2) “M” submitted false evidence saying that she was born in 1970.

3) “M” used that false evidence to have a 1982 marriage invalidated, when she in fact was 18 years old in 1982, making that marriage valid and making her second marriage bigamous. Which was the basis for her removal in the beginning.

4) “M”’s daughter A has also been here in the US illegally through no fault of her own, but the fault of “M”. A is now almost 24 years old and living somewhere in Florida. She is illegal has no identification, and is unable to work and therefore depends on handouts.

5) “M” told me she stole another woman’s identity that had the same name as hers but with a year of birth as 1970.

6) “M” has lived in the United States for 20 years and has fraudulently used benefits as a Legal Permanent Resident.

I have been deceived and lied to too much over the last 14 years. I filed for a divorce last year and she answered the complaint saying she wants full custody of our son as well as financial support. She has her individual hearing in January and was hoping to find out what her odds of getting a waiver approved. Especially in light of Obamas new initiative to only pursue felons for deportation. I have 17 years in the military and hope she is not going to get part of my retirement or any of my assets. We have one home in Florida that we own together.

[Used to be broken 146]

Hi folks. Im in a bind and was hoping for some insight.

My wife, “M” and I were married on 1998. Throughout our entire marriage, I was aware of her immigration problem. She has always told me that she was born on February 12, 1970 . She married her previous husband, W.H in 1991 while he was stationed at Clark Air Base, Philippines. Her husband received Military orders and “M” was scheduled for a Visa Interview sometime in July of 1991. Mt Pinatubo erupted before her visa interview and she was admitted to the US on a humanitarian visa and eventually had a visa interview once they were in Florida. She also came to the US with her Filipino daughter, her US citizen daughter, and her husband, Mr. H.. Once in the US , the INS denied her I-130 alleging that she was already married in 1982 and that her marriage to Mr H. was bigamous and was placed in deportation proceedings, along with her Filipino daughter, A. She claimed that marriage in 1982 never happened, but even if she did, She had affidavits and sworn statements attesting that she was born on February 12, 1970 and her birth certificate was eaten by termites. If she was born in 1970, she would have only been 12 at the time and that marriage would have been void from the beginning and that she and her daughter should be able to stay in the US.

She always told me that A was a result of her being raped at the age of 17 (which she insisted was the first time she had sex) and the man that raped her was Leonardo Sabado, the same man listed on the 1982 Marriage certificate. But in the beginning of our relationship, she at first denied A as being her daughter and claimed it was her niece. In her records, there is a birth certificate for an “Angie Marcos” born on August 31, 1987 but the parents listed on that birth certificate are also the parents listed on “M”’s birth certificate, so I am not sure who A’s parents are.

Throughout our entire marriage, she has always denied ever signing this marriage certificate, but even if she had signed it, she was only 12 at the time (so she said).

Naively, or simply being uninformed, I stood by her throughout our marriage, as I did not have reason to not believe her. We went through a number of lawyers without success until we retained a lawyer in Florida . To make a long story short, our lawyer was able to convince an Immigration Judge that she submitted enough evidence to prove that she was born in 1970, which would have made the marriage in 1982 void. And that she should have never been inadmissible in the first place. In November, 2009, she received her permanent resident card.

In February of 2010, R (“M”’s second daughter that I have raised since she was 4 years old) came to me and asked me who ““J”” is. I replied I had no idea and she told me he sent her a message on Facebook and told her that he was “M”’s son. I waited until “M” came home and asked her if, after being married for 12 years, she had something that she might want to confess. She said no. I then showed her “J”’s Facebook page and her jaw dropped. After almost 12 years of marriage, she confessed that it was her son. He is 26 years old and she basically abandoned him in the Philippines. She never once told me about him. And to make matters worse, the father of “J” is the Filipino who she denied ever being married to. She never has claimed him on any Immigration documents or anywhere else. So her saying that A was her first pregnancy due to her being raped was a lie. At that time, I decided it was best for our son to remain married to her. I asked her if there was anything else that she wanted to tell me. And she said that was it. No more lies.

On one Friday in May of 2010, I come home and “M” is crying on the couch. She had received a letter from Department of Homeland Security saying that she is removable because she lied about her age and that she did not have a valid Visa. All weekend long, I assure her that it has to be some kind of mistake and we will get through this. I spend all weekend researching what could have happened and I email our lawyer who helped us win. He is dumbfounded as well and insists there has to be some kind of mistake.

The following Monday, I receive an email from the lawyer. It has an attachment and this attachment contains “M”s actual Birth Certificate. Why it took this long to obtain her real birth certificate, I do not understand, but it turns out that she was actually born in 1964 and she has been living a lie all this time. I confront “M” and she admits that she was in fact born in 1964. “M” should have never been allowed in the US in the beginning. She has committed fraud against the USCIS and DHS. She has committed perjury and fraud this entire time, she lied about her age and signed documents swearing that her Date of Birth was 2/12/1970 when in fact she was born in 1964. She should have never been admissible in the first place.

So to reiterate,

1) “M” abandoned a son when he was approximately 5 years old.

2) “M” submitted false evidence saying that she was born in 1970.

3) “M” used that false evidence to have a 1982 marriage invalidated, when she in fact was 18 years old in 1982, making that marriage valid and making her second marriage bigamous. Which was the basis for her removal in the beginning.

4) “M”’s daughter A has also been here in the US illegally through no fault of her own, but the fault of “M”. A is now almost 24 years old and living somewhere in Florida. She is illegal has no identification, and is unable to work and therefore depends on handouts.

5) “M” told me she stole another woman’s identity that had the same name as hers but with a year of birth as 1970.

6) “M” has lived in the United States for 20 years and has fraudulently used benefits as a Legal Permanent Resident.

I have been deceived and lied to too much over the last 14 years. I filed for a divorce last year and she answered the complaint saying she wants full custody of our son as well as financial support. She has her individual hearing in January and was hoping to find out what her odds of getting a waiver approved. Especially in light of Obamas new initiative to only pursue felons for deportation. I have 17 years in the military and hope she is not going to get part of my retirement or any of my assets. We have one home in Florida that we own together.

I would think since her 1st marriage was not annulled since she is from Phillipine's where divorce is not recognized if her Husband #1 was Phillipino your marriage was never in fact VALID, which makes a divorce moot. Sounds like in any case your marriage was never valid as the person she represented herself to be and who appears on your marriage certificate is not in fact her so the whole marriage should be able to be declared void. Bigamy is not legal in the US so looks like divorce claims go out window as your marriage didn't exist legally at any point in the past. Get your divorce or family attorney to investigate this and have the marriage declared void on her fraud. No divorce, no legal marriage, no spousal support and no retirement for her.

Good luck and please come back and update us as this is THE MOST INTERESTING post I have ever read on VJ. Also I am so sorry this has happened as its a tragedy for you and the kids.

s

Edited September 4, 2011 by Used to be broken

[Jojo92122 1,924]

Hi folks. Im in a bind and was hoping for some insight.

My wife, “M” and I were married on 1998. Throughout our entire marriage, I was aware of her immigration problem. She has always told me that she was born on February 12, 1970 . She married her previous husband, W.H in 1991 while he was stationed at Clark Air Base, Philippines. Her husband received Military orders and “M” was scheduled for a Visa Interview sometime in July of 1991. Mt Pinatubo erupted before her visa interview and she was admitted to the US on a humanitarian visa and eventually had a visa interview once they were in Florida. She also came to the US with her Filipino daughter, her US citizen daughter, and her husband, Mr. H.. Once in the US , the INS denied her I-130 alleging that she was already married in 1982 and that her marriage to Mr H. was bigamous and was placed in deportation proceedings, along with her Filipino daughter, A. She claimed that marriage in 1982 never happened, but even if she did, She had affidavits and sworn statements attesting that she was born on February 12, 1970 and her birth certificate was eaten by termites. If she was born in 1970, she would have only been 12 at the time and that marriage would have been void from the beginning and that she and her daughter should be able to stay in the US.

She always told me that A was a result of her being raped at the age of 17 (which she insisted was the first time she had sex) and the man that raped her was Leonardo Sabado, the same man listed on the 1982 Marriage certificate. But in the beginning of our relationship, she at first denied A as being her daughter and claimed it was her niece. In her records, there is a birth certificate for an “Angie Marcos” born on August 31, 1987 but the parents listed on that birth certificate are also the parents listed on “M”’s birth certificate, so I am not sure who A’s parents are.

Throughout our entire marriage, she has always denied ever signing this marriage certificate, but even if she had signed it, she was only 12 at the time (so she said).

Naively, or simply being uninformed, I stood by her throughout our marriage, as I did not have reason to not believe her. We went through a number of lawyers without success until we retained a lawyer in Florida . To make a long story short, our lawyer was able to convince an Immigration Judge that she submitted enough evidence to prove that she was born in 1970, which would have made the marriage in 1982 void. And that she should have never been inadmissible in the first place. In November, 2009, she received her permanent resident card.

In February of 2010, R (“M”’s second daughter that I have raised since she was 4 years old) came to me and asked me who ““J”” is. I replied I had no idea and she told me he sent her a message on Facebook and told her that he was “M”’s son. I waited until “M” came home and asked her if, after being married for 12 years, she had something that she might want to confess. She said no. I then showed her “J”’s Facebook page and her jaw dropped. After almost 12 years of marriage, she confessed that it was her son. He is 26 years old and she basically abandoned him in the Philippines. She never once told me about him. And to make matters worse, the father of “J” is the Filipino who she denied ever being married to. She never has claimed him on any Immigration documents or anywhere else. So her saying that A was her first pregnancy due to her being raped was a lie. At that time, I decided it was best for our son to remain married to her. I asked her if there was anything else that she wanted to tell me. And she said that was it. No more lies.

On one Friday in May of 2010, I come home and “M” is crying on the couch. She had received a letter from Department of Homeland Security saying that she is removable because she lied about her age and that she did not have a valid Visa. All weekend long, I assure her that it has to be some kind of mistake and we will get through this. I spend all weekend researching what could have happened and I email our lawyer who helped us win. He is dumbfounded as well and insists there has to be some kind of mistake.

The following Monday, I receive an email from the lawyer. It has an attachment and this attachment contains “M”s actual Birth Certificate. Why it took this long to obtain her real birth certificate, I do not understand, but it turns out that she was actually born in 1964 and she has been living a lie all this time. I confront “M” and she admits that she was in fact born in 1964. “M” should have never been allowed in the US in the beginning. She has committed fraud against the USCIS and DHS. She has committed perjury and fraud this entire time, she lied about her age and signed documents swearing that her Date of Birth was 2/12/1970 when in fact she was born in 1964. She should have never been admissible in the first place.

So to reiterate,

1) “M” abandoned a son when he was approximately 5 years old.

2) “M” submitted false evidence saying that she was born in 1970.

3) “M” used that false evidence to have a 1982 marriage invalidated, when she in fact was 18 years old in 1982, making that marriage valid and making her second marriage bigamous. Which was the basis for her removal in the beginning.

4) “M”’s daughter A has also been here in the US illegally through no fault of her own, but the fault of “M”. A is now almost 24 years old and living somewhere in Florida. She is illegal has no identification, and is unable to work and therefore depends on handouts.

5) “M” told me she stole another woman’s identity that had the same name as hers but with a year of birth as 1970.

6) “M” has lived in the United States for 20 years and has fraudulently used benefits as a Legal Permanent Resident.

I have been deceived and lied to too much over the last 14 years. I filed for a divorce last year and she answered the complaint saying she wants full custody of our son as well as financial support. She has her individual hearing in January and was hoping to find out what her odds of getting a waiver approved. Especially in light of Obamas new initiative to only pursue felons for deportation. I have 17 years in the military and hope she is not going to get part of my retirement or any of my assets. We have one home in Florida that we own together.

She is not getting a waiver. There is no way for her to overcome the "lack of good moral character" for all the material misrepresentations that she has made. It doesn't matter if she US citizen children because their US citizen fathers can look after them after she is deported.

The division of your assets and spousal support will be decided by a family court under state law. Even if your marriage is voidable because of bigamy, she may still be treated as a spouse in dividing up your joint assets. The good news is that she may not be able to touch you military retirement. The US governments gives lots of protection to those in the military. Your retirement pension may have protection that's better than what the rest of us get in the civilian world. Get a divorce lawyer with experience in the military - there are quite a few ex-military lawyers who maintain contact with JAG. JAG may be able to point you in the right direction.

Best of luck to you. Sorry about the situation you are in; especially with kids.

Edited September 4, 2011 by Jojo92122

[ECS 3]

I would think since her 1st marriage was not annulled since she is from Phillipine's where divorce is not recognized if her Husband #1 was Phillipino your marriage was never in fact VALID, which makes a divorce moot. Sounds like in any case your marriage was never valid as the person she represented herself to be and who appears on your marriage certificate is not in fact her so the whole marriage should be able to be declared void. Bigamy is not legal in the US so looks like divorce claims go out window as your marriage didn't exist legally at any point in the past. Get your divorce or family attorney to investigate this and have the marriage declared void on her fraud. No divorce, no legal marriage, no spousal support and no retirement for her.

Good luck and please come back and update us as this is THE MOST INTERESTING post I have ever read on VJ. Also I am so sorry this has happened as its a tragedy for you and the kids.

s

Unfortunately, she was able to obtain a divorce from the Philippine citizen here in the US prior to us getting married. Even though the divorce may not be vailid in the Philippines, it is still valid here in the US, so our marriage would not be considered bigamous. I spoke with a lawyer and he told me that even if I was able to obtain an annulment, that she would still be entitled to half of my assets and half of my retirement because it would be looked at as a business relationship and all assets acrued in a business relationship will be divided equally.

[belinda63 2,983]

This is probably one of the clearest cases of asking a judge to annul a marriage I have ever read. She was not free to marry and she lied about her age, children, etc. Since you were never legally married there can be no divorce, only an annulment, I believe submitting copies of the paperwork such as her real and fake birth certificate and the marriage papers to the first husband should be enough to obtain such but of course ask your attorney. Keep in mind if the marriage is annulled he receives much less money as no lengthy representation is required so maybe the next time you are in court YOU might want to say something about her bigamy if your attorney seems hesitant to do so.

Custody of the child, irregardless of it being a legal marriage or not, is still in the hands of the Courts as she is the biological mother but things are looking slim to none for her to obtain.

Question is why are things taking so long to process? Almost two years and she still has not had a deportation hearing? I doubt she will be allowed to stay in the US. She has committed a number of crimes, I don't know if they would be considered felonies or not, and has used the system to her advantage. This is a little more serious than just overstaying a visa or coming to the US illegally and being a good person otherwise.

[belinda63 2,983]

Oh correction, you posted while I was typing. The divorce changes everything. You were legally married as far as the US is concerned so ignore all that in my prior post.

[ECS 3]

Question is why are things taking so long to process? Almost two years and she still has not had a deportation hearing? I doubt she will be allowed to stay in the US. She has committed a number of crimes, I don't know if they would be considered felonies or not, and has used the system to her advantage. This is a little more serious than just overstaying a visa or coming to the US illegally and being a good person otherwise.

She was notified in May of 2010 of her being in Removal Proceedings. After two Master Hearings, her individual hearing was originally scheduled for July 2011. For some reason (I am not sure why), that individual hearing was pushed back to January 2012. Who knows if it will be pushed back again.

[Used to be broken 146]

She was notified in May of 2010 of her being in Removal Proceedings. After two Master Hearings, her individual hearing was originally scheduled for July 2011. For some reason (I am not sure why), that individual hearing was pushed back to January 2012. Who knows if it will be pushed back again.

? The first time she was put in proceedings it was because her FIRST marriage was considered Bigamous... in other words the first marriage was never terminated? If so, the second divorce means nothing as the second marriage was never valid. The third marriage was not to the PERSON who you thought you were married to. Get a different lawyer.. this one doesn't sound mean enough. I do not see how you could have been considered legally married to her when the name on the marriage certificate is not her. As for business relationship sounds dubious to me. Even in a business partnership she would have misrepresented who she legally is making any contracts problematic ie: deed to house etc. How can she file a legal claim to house when her name is not on the deed? Its not her name, birthdate etc.

When you filed for divorce who did you serve papers on the person you thought you got married to or the person you eventually found out she really was ie: who was on the REAL divorce certificate?

Let them ship her sorry butt back to where she came from. I'd be curious to see what names are on the Immigration paperwork now.

If you are divorced she cannot get a waiver as there is no qualified relative for the waiver. Even if you weren't divorced unless you filed the HSL she would not have a basis to come back without your cooperation. If no spouse to file I601 then her parents if they are US Citizens. Since you have no plans to file and if she doesn't have parents here, no waiver. The kids do not qualify as being able to file the I601.

What state did the marriage take place in? What do the laws in your state say about misrep of identity?

Edited September 5, 2011 by Used to be broken

[ECS 3]

? The first time she was put in proceedings it was because her FIRST marriage was considered Bigamous... in other words the first marriage was never terminated? If so, the second divorce means nothing as the second marriage was never valid. The third marriage was not to the PERSON who you thought you were married to. Get a different lawyer.. this one doesn't sound mean enough. I do not see how you could have been considered legally married to her when the name on the marriage certificate is not her. As for business relationship sounds dubious to me. Even in a business partnership she would have misrepresented who she legally is making any contracts problematic ie: deed to house etc. How can she file a legal claim to house when her name is not on the deed? Its not her name, birthdate etc.

When you filed for divorce who did you serve papers on the person you thought you got married to or the person you eventually found out she really was ie: who was on the REAL divorce certificate?

Let them ship her sorry butt back to where she came from. I'd be curious to see what names are on the Immigration paperwork now.

If you are divorced she cannot get a waiver as there is no qualified relative for the waiver. Even if you weren't divorced unless you filed the HSL she would not have a basis to come back without your cooperation. If no spouse to file I601 then her parents if they are US Citizens. Since you have no plans to file and if she doesn't have parents here, no waiver. The kids do not qualify as being able to file the I601.

What state did the marriage take place in? What do the laws in your state say about misrep of identity?

Thanks for all the responses so far. and thanks for enlightening me. She was able to obtain both divorces prior to us being married. Even her Philippine marriage is considered ended in divorce because one lawyer told me that since we are in the US, we follow US law (duh) and since US allows divorce, then she is divorced. If and when she goes back to the Philippines, divorce is another story and she probably is still married there. But nonetheless, I believe our marriage is valid, save for the other fraud, lies and deception. As far as the fraud deception and other lies, I dont know how she and the lawyers can think that she has claim to any of my assets, or retirement. I agree with you as far as her real identity is not on our marriage certificate, house deed or any of that, but every lawyer I have spoken to, said the same...that it doesnt matter. I really think this case is in uncharted territory that none of the lawyers know how to approach it, so they are sticking to the letter of the law. I am dumbfounded as to how she is entitled to anything after what she has done, and I will appeal anything she is awarded, if that is possible. But unfortunately, I was quoted at least $15-25K from one lawyer and $8-100K from another lawyer. The state we are living in know, is an equitable division state and unless I can convince the judge that I entered into this marriage under false pretenses, then she is entitled to half of my assets. Im under a false sense of security where I think if I simply prove to the judge what she has done, he will be no doubtedly not give her half of anything that is not hers. My belief is the only thing she is entitled to half of is custody of our son...AND SHE IS FIGHTING ME FOR FULL CUSTODY OF HIM...AARRGGHH!!!

As far as the waiver, I do not think she is filing for an I601, but rather an 327(a)(1)(H) waiver, but I am not privy to any of that information. And I am really worried that the immigration judge is going to use discretion and approve the waiver because she is not a "criminal" per se. and she has been living in the US for 20 years.

Edited September 6, 2011 by ECS

[ECS 3]

Thanks for all the responses so far. and thanks for enlightening me. She was able to obtain both divorces prior to us being married. Even her Philippine marriage is considered ended in divorce because one lawyer told me that since we are in the US, we follow US law (duh) and since US allows divorce, then she is divorced. If and when she goes back to the Philippines, divorce is another story and she probably is still married there. But nonetheless, I believe our marriage is valid, save for the other fraud, lies and deception. As far as the fraud deception and other lies, I dont know how she and the lawyers can think that she has claim to any of my assets, or retirement. I agree with you as far as her real identity is not on our marriage certificate, house deed or any of that, but every lawyer I have spoken to, said the same...that it doesnt matter. I really think this case is in uncharted territory that none of the lawyers know how to approach it, so they are sticking to the letter of the law. I am dumbfounded as to how she is entitled to anything after what she has done, and I will appeal anything she is awarded, if that is possible. But unfortunately, I was quoted at least $15-25K from one lawyer and $8-100K from another lawyer. The state we are living in know, is an equitable division state and unless I can convince the judge that I entered into this marriage under false pretenses, then she is entitled to half of my assets. Im under a false sense of security where I think if I simply prove to the judge what she has done, he will be no doubtedly not give her half of anything that is not hers. My belief is the only thing she is entitled to half of is custody of our son...AND SHE IS FIGHTING ME FOR FULL CUSTODY OF HIM...AARRGGHH!!!

As far as the waiver, I do not think she is filing for an I601, but rather an 327(a)(1)(H) waiver, but I am not privy to any of that information. And I am really worried that the immigration judge is going to use discretion and approve the waiver because she is not a "criminal" per se. and she has been living in the US for 20 years.

oops...I meant 237(a)(1)(H)

[belinda63 2,983]

If you had known prior to marrying her the things you know now would you have still married her? I don't mean found out the lies but if she had been honest straight out would her age, two prior divorces, child living elsewhere, etc. have prevented you from marrying her? It isn't as though she lied about anything that seriously affected the marriage, I think it is the lies themselves that have affected you.

She is the child's mother, lies or no lies, and is entitled to rights to the child such as visitation. If she contributed to the marriage she is entitled to an equitable share of the assets. You were married for 23? years and now you want to throw her to the street with nothing for her 23 years of contributing to the marriage?

I totally understand your anger at being lied to but I think at this point the attempt to deny her anything, assets, access to the child, etc. are a bit of an over-reaction.

[Sergi9 110]

If you had known prior to marrying her the things you know now would you have still married her? I don't mean found out the lies but if she had been honest straight out would her age, two prior divorces, child living elsewhere, etc. have prevented you from marrying her? It isn't as though she lied about anything that seriously affected the marriage, I think it is the lies themselves that have affected you.

She is the child's mother, lies or no lies, and is entitled to rights to the child such as visitation. If she contributed to the marriage she is entitled to an equitable share of the assets. You were married for 23? years and now you want to throw her to the street with nothing for her 23 years of contributing to the marriage?

I totally understand your anger at being lied to but I think at this point the attempt to deny her anything, assets, access to the child, etc. are a bit of an over-reaction.

Completely disagree with this post. Liars lie, She can visit the child period. Contributed what to the marriage? What marriage? The OP doesn't even know who he married .

As for the waiver, will be like pulling a rabbit out of a hat.. but harder

In order for an alien to demonstrate that she merits a waiver under INA Section 237(a)(1)(H), she must first establish that she is statutorily eligible. Matter of Tijam, 22 I&N Dec. at 412. Once her eligibility has been demonstrated, she must then show that she merits discretionary relief. Id. In exercising his discretion under section 237(a)(1)(H) of the Act, the Attorney General is not limited in the factors that he may consider in determining whether relief should be granted. INS v. Yueh-Shaio Yang, 519 U.S. 26, 30 (1996); Matter of Tijam, 22 I&N Dec. at 416. The Board has held that the Attorney General’s decision “whether to exercise discretion favorably necessitates a balancing of an alien’s undesirability as a permanent resident with the social and humane considerations present.” Matter of Tijam, 22 I&N Dec. at 412. Adverse factors that may be considered include the nature and underlying circumstances of the fraud or misrepresentation involved; the nature, seriousness, and recency of any criminal record; and any other additional evidence of the alien’s bad character or undesirability as an LPR. Id. at 412, 417 (holding that the statute was intended to afford relief to an alien whose equities outweighed both the initial fraud and other fraud arising from that initial fraud). Favorable factors include family ties in the U.S.; residence of a long duration in this country, particularly where it commenced when the alien was young; evidence of hardship to the alien or his family if deportation occurs; a stable employment history; the existence of property or business ties; evidence of value and service to the community; and other evidence of the alien’s good character. Id. at 412-413.

[Used to be broken 146]

Thanks for all the responses so far. and thanks for enlightening me. She was able to obtain both divorces prior to us being married. Even her Philippine marriage is considered ended in divorce because one lawyer told me that since we are in the US, we follow US law (duh) and since US allows divorce, then she is divorced. If and when she goes back to the Philippines, divorce is another story and she probably is still married there. But nonetheless, I believe our marriage is valid, save for the other fraud, lies and deception. As far as the fraud deception and other lies, I dont know how she and the lawyers can think that she has claim to any of my assets, or retirement. I agree with you as far as her real identity is not on our marriage certificate, house deed or any of that, but every lawyer I have spoken to, said the same...that it doesnt matter. I really think this case is in uncharted territory that none of the lawyers know how to approach it, so they are sticking to the letter of the law. I am dumbfounded as to how she is entitled to anything after what she has done, and I will appeal anything she is awarded, if that is possible. But unfortunately, I was quoted at least $15-25K from one lawyer and $8-100K from another lawyer. The state we are living in know, is an equitable division state and unless I can convince the judge that I entered into this marriage under false pretenses, then she is entitled to half of my assets. Im under a false sense of security where I think if I simply prove to the judge what she has done, he will be no doubtedly not give her half of anything that is not hers. My belief is the only thing she is entitled to half of is custody of our son...AND SHE IS FIGHTING ME FOR FULL CUSTODY OF HIM...AARRGGHH!!!

As far as the waiver, I do not think she is filing for an I601, but rather an 327(a)(1)(H) waiver, but I am not privy to any of that information. And I am really worried that the immigration judge is going to use discretion and approve the waiver because she is not a "criminal" per se. and she has been living in the US for 20 years.

Curious, on a divorce filing you must put the name of the person you are divorcing on the summons, along with that swear you are who you are and you have lived at this location for # years plus a couple other items. Whose name did you put on the filing?

Her alias or her real name? That doesn't match your marriage cert. What does lawyer say about that?

Why not dismiss divorce filing for time being, let the clock run out on her Immigration case, she will not likely get granted relief after swearing to immigration judge she was someone she was not. Plus other lies which you should immediately document in an affidavit and file with USCIS marriage fraud unit.

When she gets deported divorce her in abstentia where she cannot come after your assets.

[ECS 3]

If you had known prior to marrying her the things you know now would you have still married her? I don't mean found out the lies but if she had been honest straight out would her age, two prior divorces, child living elsewhere, etc. have prevented you from marrying her? It isn't as though she lied about anything that seriously affected the marriage, I think it is the lies themselves that have affected you.

She is the child's mother, lies or no lies, and is entitled to rights to the child such as visitation. If she contributed to the marriage she is entitled to an equitable share of the assets. You were married for 23? years and now you want to throw her to the street with nothing for her 23 years of contributing to the marriage?

I totally understand your anger at being lied to but I think at this point the attempt to deny her anything, assets, access to the child, etc. are a bit of an over-reaction.

Thanks for your reply, albeit semmingly contractory to your earlier reply.

My son is my life and I would not change one thing about having him and I appreciate the fact that our marriage resulted in him coming into this world, but if we could set that aside for a moment...

Had I known that she was 4 years older than me and was subject to deportation because she was in a bigamous marriage, I would have not, without a doubt, married her. Why would I knowingly put myself into a position like that? Of course she is my son's mother and I am not trying to take any of those rights away from her. And I am willing to settle on joint custody as I know our son needs both of us in his life, but she is the one who is demanding full custody. And she has absolutely no basis in being awarded it. As far as contribution to the marriage, I contributed almost 100% into this marriage. Sure, she cleaned and bought the ocassional grocery. But housing, automobile, utilities, insurance, taxes and whatever else was contributed 99.9% from me.

Completely disagree with this post. Liars lie, She can visit the child period. Contributed what to the marriage? What marriage? The OP doesn't even know who he married .

As for the waiver, will be like pulling a rabbit out of a hat.. but harder

In order for an alien to demonstrate that she merits a waiver under INA Section 237(a)(1)(H), she must first establish that she is statutorily eligible. Matter of Tijam, 22 I&N Dec. at 412. Once her eligibility has been demonstrated, she must then show that she merits discretionary relief. Id. In exercising his discretion under section 237(a)(1)(H) of the Act, the Attorney General is not limited in the factors that he may consider in determining whether relief should be granted. INS v. Yueh-Shaio Yang, 519 U.S. 26, 30 (1996); Matter of Tijam, 22 I&N Dec. at 416. The Board has held that the Attorney General’s decision “whether to exercise discretion favorably necessitates a balancing of an alien’s undesirability as a permanent resident with the social and humane considerations present.” Matter of Tijam, 22 I&N Dec. at 412. Adverse factors that may be considered include the nature and underlying circumstances of the fraud or misrepresentation involved; the nature, seriousness, and recency of any criminal record; and any other additional evidence of the alien’s bad character or undesirability as an LPR. Id. at 412, 417 (holding that the statute was intended to afford relief to an alien whose equities outweighed both the initial fraud and other fraud arising from that initial fraud). Favorable factors include family ties in the U.S.; residence of a long duration in this country, particularly where it commenced when the alien was young; evidence of hardship to the alien or his family if deportation occurs; a stable employment history; the existence of property or business ties; evidence of value and service to the community; and other evidence of the alien’s good character. Id. at 412-413.

Thanks for the references. I really dont see how she is going to get a waiver either based on the fraud and lies to Immigration. but stranger things have happened.

Curious, on a divorce filing you must put the name of the person you are divorcing on the summons, along with that swear you are who you are and you have lived at this location for # years plus a couple other items. Whose name did you put on the filing?

Her alias or her real name? That doesn't match your marriage cert. What does lawyer say about that?

Why not dismiss divorce filing for time being, let the clock run out on her Immigration case, she will not likely get granted relief after swearing to immigration judge she was someone she was not. Plus other lies which you should immediately document in an affidavit and file with USCIS marriage fraud unit.

When she gets deported divorce her in abstentia where she cannot come after your assets.

I filed under the name that is on our marriage certificate. She doesnt really have an alias. As far as her date of birth, I used both 1970 and 1964.

I was orginally advised to wait until her individual immigration hearing to resume the divorce case, but that was supposed to have happened this past July but was pushed back to January. I am afraid it will keep getting pushed back and pushed back and I end up still being married to her in 3 years when she will have even more share of my retirement.

[belinda63 2,983]

Sorry to sound contradictory but the first post I thought she had lied out the butt and was married twice without an initial divorce. After reading what you had posted while I was typing, I saw that she had straightened out the marriage/bigamy issue and had legally married you (under US law).

I am not in any way saying what she did was right or that I agree with it, she lied herself into a corner and had no choice but to continue the lies to remain in the US. What I am saying is that, contrary to what I initially believed, you were legally married therefore she has rights just as any other married spouse in a divorce.

As to the immigration issue, she has a snowball's chance in heck of being allowed to remain in the US. As to the marriage, due to the length of time you were married and her contributions (maintaining the house and doing those things are considered contributing, think Leave it to Beaver) she will probably be entitled to something although depending on the aggressiveness of your attorney it may not be much.

Please think of the child, an innocent victim of the situation, and remember this is his mother no matter what she did in the past.