help advise plz

[lynchang 0]

hi i need advise to anybody my and my hubby want to apply visa but our married is null and void cuz i was married to Japanese before we waiting to final decision of court still no lucky yet hope it done soon im thinking do we need to apply spoused visa even my 2nd marriage is null and void whats gonna happen do we need to get married again? or we just apply for fiance visa hope to hear somebody advise Ty

[Bobby+Umit 161]

Let me get this straight.

Your current marriage is "null" because your first marriage (divorce) wasn't final. *and it's still not final*

If that is the case, you will have to either -

Get married again (divorce from 1st is final) and then apply for a spouse visa. (I will assume the other is an USC)

Or wait till the divorce is final then the USC can apply for a fiancee visa. (assuming you meet the requirements)

Until the first marriage/divorce is final - you can't really do much of anything immigration wise.

[lynchang 0]

wow ty i will tell that to my hubby much appreciation

[Darnell 8,479]

much depends on 'where you are'

In yer still in the PI, and you have marriage in Japan, that divorce decree from Japan needs to be 'in hand',

and then MAYBE you can get that first marriage annulled in the PI.

If yer able to get first marriage annulled in the PI, then yer free to marry again in the PI - or yer free to be visa beneficiary of a K-1 visa - yer choice. Pick One.

If you are IN the USA, you'll need to wait till you get a divorce decree from the Japan fella,

then with the decree in hand, marry yer USA fella in USA, file for AOS in USA - do not follow up any CR-1 visa process at all.

Edited August 9, 2010 by Darnell

[lynchang 0]

much depends on 'where you are'

In yer still in the PI, and you have marriage in Japan, that divorce decree from Japan needs to be 'in hand',

and then MAYBE you can get that first marriage annulled in the PI.

If yer able to get first marriage annulled in the PI, then yer free to marry again in the PI - or yer free to be visa beneficiary of a K-1 visa - yer choice. Pick One.

If you are IN the USA, you'll need to wait till you get a divorce decree from the Japan fella,

then with the decree in hand, marry yer USA fella in USA, file for AOS in USA - do not follow up any CR-1 visa process at all.

ty friend i will waaiiting for my paper divoced in phillippines hope it done soon we try to apply k-1 visa hopefully

[JimVaPhuong 4,863]

Ok, you were married to a Japanese man, yes? Did this Japanese man file for the divorce in Japan (or wherever he happens to be)? You said you're waiting for something from a "court". What court? A divorce court in Japan? Or, a civil court in the Philippines?

You have a new husband now, yes? Is he a US citizen? Where did you marry him? Was it in the Philippines?

I'm going to make some presumptions based on the questions above. I'm going to presume you married this Japanese man, he has since filed for divorce in Japan, the divorce is not final yet (that's the "court" thing you're waiting for), and you subsequently married a US citizen in the Philippines.

Presuming all of the above is true, then your current marriage is invalid. You will have to marry again in order to have a valid marriage. But wait - that's only half your problem.

The divorce in Japan does not automatically terminate the marriage under Philippine law. There are some additional requirements. First, the divorce must have been initiated by your foreign husband. Second, you have to petition a civil court in the Philippines to recognize the divorce. Basically, you have to prove to the court that you didn't initiate the divorce, and that the divorce decree is legal and valid in Japan. If you can prove that, then your divorce will be recognized in the Philippines and you'll be free to remarry.

If you filed for the divorce, rather than your Japanese husband, then you cannot seek a judicial recognition of the foreign divorce. You'll have to seek an annulment instead.