Need File Input Cloned From 1 Form Into Another?

I have an <input type="file" name="image" /> in an html form that get's submitted via method="POST". But I can't submit this normally, since this is all I want submitted, and there is already a <form> tag defined above the code and than below the code, closes the form with </form> that must remain there. Since, there is no way to have forms inside of forms, I am using Javascript to create a form and submit it on the fly. But I need to get a copy of the file input element defined in the document.forms.creator form.

I handle the action with a php file that calls $_FILES['image']['name'] and $_FILES['image']['tmp_name']. The problem is I need to create the form on the fly, must clone the <input type="file" name="image" /> so that it obtains the $_FILES['image']['name'] and $_FILES['image']['tmp_name'] and submits it all on the FLY! Here's what I got so far, coded in php, but you can see the Javascript in there as well. It submits it fine, but $_FILES['sigImg']['name'] and $_FILES['sigImg']['tmp_name'] are NOT SET for some reason...

echo '<tr><td colspan="2"><a href="#" name="sig' . $user_info['id'] . '"></a><center><b>Signature Image Rotator</b></center><br /><center>
Add Image: <input type="file" size="48" id="imagefile" name="image" />  <input type="button" value="Upload" onclick="createFormAndSubmit()"></center>';

[code]....

I have tested this in IE 8 and doesn't set $_FILES['sigImg']['name'] and $_FILES['sigImg']['tmp_name'] to anything. I don't want the value of the file input, since this will be different depending on the browser. And in IE 8, you'll need to have some settings enabled to be able to get the full path, otherwise will return "fakepath".