QUESTION
Question regarding my fiancé’s annulment
Asked on Apr 07th, 2025 on Immigration - California
More details to this question:
My fiancé, now wife, we married a year ago May 2024) Several years ago we filed out the K1 Visa, she had the interview at the U.S Embassy in Manila and was told by someone, (or several people ) that the annulment she had in her possession was fraudulent, which wasn’t known to her until they brought it to her attention . She obviously broke down in tears because she had saved up many years before she could afford an annulment while trying to raise two children on her own so obviously she was denied and since the annulment was fraudulent it meant that she was still legally married to the father of her two children who has since then passed away, but since he was alive at the time of the K1 Visa date she was denied. We recently ( last February 11th) received a text that our new application CR1 has been received. My question is could she be denied an approval permanently because of what happened to her ?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
There is a possibility that she may be refused because of the fraudulent annulment document that was presented in connection with the K-1 petition. That may depend upon whether the embassy believed that she intentionally committed fraud in presenting the document or whether she was just a victim. From your statement of facts, it appears that the fraudulent document presentation was unintentional and hopefully that will be the case and the immigrant visa issued. However, if found to have committed intentional fraud in the past, she will be denied, but should still be eligible to file for a waiver based upon proving extreme hardship to you if she cannot be given the immigrant visa. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on May 03rd, 2025 at 11:25 AM