Help! Complicated situation

[WOINEE MARCELO PETER]

My sister is having her oath taking this coming Jan 21st and she's planning to petition our parents (our dad and stepmom), Anyway, my father was here in the US last 2004, he get married with her last wife (not with my stepmom and they were divorce that time) but still they are married in our country. Anyway to make my story short, his marriage here in the US didn't get along, they separated after my father got his EAD etc. But then since it didn't work they got the denial letter stating that he (my father) needs to bring his visa in the embassy to be cancelled and so he did and went home in our country. So anyway, my question is do you think that would affect on the plan of my sister of petitioning my father and my stepmom? My stepmom and my father is married for almost 22 years. Thank you for those who will answer and do you think we need to hire a lawyer about our situation?

[rayb]

You must identify the problem before you decide to hand an attorney money to solve a problem that might not exist.

From your description, your father's prior visa was cancelled, but it isn't clear what type of visa your father had (B2 or K1 ?).

Your dad's second marriage not being recognized in his home country shouldn't be a problem with a future visa application from your sister for dad, UNLESS DAD WAS CONSIDERED A SIGNIFICANT OVERSTAY or there were any other immigration issues which could be interpreted as misrepresentation or suspected fraud by dad.

Dad and stepmother must still be legally married, and their marriage must not have happened after your sister turned 18, for sis to be able to petition stepmother.

--Ray B

My sister is having her oath taking this coming Jan 21st and she's planning to petition our parents (our dad and stepmom), Anyway, my father was here in the US last 2004, he get married with her last wife (not with my stepmom and they were divorce that time) but still they are married in our country. Anyway to make my story short, his marriage here in the US didn't get along, they separated after my father got his EAD etc. But then since it didn't work they got the denial letter stating that he (my father) needs to bring his visa in the embassy to be cancelled and so he did and went home in our country. So anyway, my question is do you think that would affect on the plan of my sister of petitioning my father and my stepmom? My stepmom and my father is married for almost 22 years. Thank you for those who will answer and do you think we need to hire a lawyer about our situation?

[WOINEE MARCELO PETER]

My father has a B2 Visa that time. My dad and stepmother are still legally married in our home country and they were married before my sister turns 18.

What happened was his visa was cancelled because their lawyer who were the one represent them from the petition here in the US did not inform them of their interview thats why his visa got cancelled. I don't think they found some fraud with his marriage that time. Just because they didn't went to their visa that is why it was cancelled. He didn't even got his green card (conditional). Only the EAD for him to work.

We're just having 2nd thoughts if this might affect my sister's petition for them..

You must identify the problem before you decide to hand an attorney money to solve a problem that might not exist.

From your description, your father's prior visa was cancelled, but it isn't clear what type of visa your father had (B2 or K1 ?).

Your dad's second marriage not being recognized in his home country shouldn't be a problem with a future visa application from your sister for dad, UNLESS DAD WAS CONSIDERED A SIGNIFICANT OVERSTAY or there were any other immigration issues which could be interpreted as misrepresentation or suspected fraud by dad.

Dad and stepmother must still be legally married, and their marriage must not have happened after your sister turned 18, for sis to be able to petition stepmother.

--Ray B

[WOINEE MARCELO PETER]

Ray B please

My father has a B2 Visa that time. My dad and stepmother are still legally married in our home country and they were married before my sister turns 18.

What happened was his visa was cancelled because their lawyer who were the one represent them from the petition here in the US did not inform them of their interview thats why his visa got cancelled. I don't think they found some fraud with his marriage that time. Just because they didn't went to their visa that is why it was cancelled. He didn't even got his green card (conditional). Only the EAD for him to work.

We're just having 2nd thoughts if this might affect my sister's petition for them..

[rayb]

You may not be totally aware of why your father had to leave the U.S.

Because of your dad's marriage issues and having his Adjustment of Status denied earlier, there is no way of knowing what problems your dad will have if petitioned by your sister.

All you need to do to find out is have your sister petition dad. If there is a problem from his earlier stay in the U.S. it will come up during his Embassy interview, and you may have to submit a Waiver package after the interview.

--Ray B

My father has a B2 Visa that time. My dad and stepmother are still legally married in our home country and they were married before my sister turns 18.

What happened was his visa was cancelled because their lawyer who were the one represent them from the petition here in the US did not inform them of their interview thats why his visa got cancelled. I don't think they found some fraud with his marriage that time. Just because they didn't went to their visa that is why it was cancelled. He didn't even got his green card (conditional). Only the EAD for him to work.

We're just having 2nd thoughts if this might affect my sister's petition for them..

[WOINEE MARCELO PETER]

Ray B please

So do you think we still need a lawyer knowing that we will only file for my i-130 form here in the US while our parents are in our country? if Yes, is it better if they hire immigration lawyer in our country than here?

You may not be totally aware of why your father had to leave the U.S.

Because of your dad's marriage issues and having his Adjustment of Status denied earlier, there is no way of knowing what problems your dad will have if petitioned by your sister.

All you need to do to find out is have your sister petition dad. If there is a problem from his earlier stay in the U.S. it will come up during his Embassy interview, and you may have to submit a Waiver package after the interview.

--Ray B

- - - Updated - - -

I have read also in your other post that filipinos doesn't have visa waiver, is that the waiver you were talking about?

You may not be totally aware of why your father had to leave the U.S.

Because of your dad's marriage issues and having his Adjustment of Status denied earlier, there is no way of knowing what problems your dad will have if petitioned by your sister.

All you need to do to find out is have your sister petition dad. If there is a problem from his earlier stay in the U.S. it will come up during his Embassy interview, and you may have to submit a Waiver package after the interview.

--Ray B

[rayb]

You don't need an immigration attorney this early in the process. If there are any problems because of your dad's prior Adjustment of Status issues, they are most likely to occur at the Embassy (or Consulate) interview stage.

If the Embassy tells your dad that he must submit an " Application for Waiver of Grounds of Inadmissibility," form I-601, it might then be a good idea to engage a qualified immigratin attorney in the U.S., because the form must be submitted in the U.S.

--Ray

So do you think we still need a lawyer knowing that we will only file for my i-130 form here in the US while our parents are in our country? if Yes, is it better if they hire immigration lawyer in our country than here?



- - - Updated - - -

I have read also in your other post that filipinos doesn't have visa waiver, is that the waiver you were talking about?

[WOINEE MARCELO PETER]

Thank you so much RayB!!

Thank you so much RayB. You are such an angel!!!

You don't need an immigration attorney this early in the process. If there are any problems because of your dad's prior Adjustment of Status issues, they are most likely to occur at the Embassy (or Consulate) interview stage.

If the Embassy tells your dad that he must submit an " Application for Waiver of Grounds of Inadmissibility," form I-601, it might then be a good idea to engage a qualified immigratin attorney in the U.S., because the form must be submitted in the U.S.

--Ray