I am going crazy here help me!!!!!!

[genebieve 0]

okay...

my hubby and i got married at korea seoul US embassy like other soldiers at 2009 september.

he came back to states with his unit at 2009 oct, and i came to states with b2 visa on end of oct 2009 as well.

just in case, we got married again at texas on november 2009 and got married certificate from the US as well.

and due to financial problem, we havent file the green card yet. but i didnt have any problem until now since i have my military ID card

however now, i just gave a birth and my husband is soon deploying, we are hurry to file green card.

can i just file AOS or what do i have to do? do i have to start from I-130 and file everything else?

we have no clue what we need and how much it is going to cost.

i have been here almost now 2 years with b2 visa. do you think that is going to be a huge problem?

[VanessaTony 3,567]

You need to file a concurrent I-130 and I-485. You'll get a 10 year card.

Unless you've been keeping your status current, you're NOT in the US on a B2 visa. You ENTERED the US on a B2 visa and became illegal/out-of-status when your I-94 expired.

[Penguin_ie 5,996]

***** Moving from AOS from Family... to AOS from Tourist visa *****

The Guides will be helpful to you, especially: http://www.visajourney.com/content/i130guide2

[payxibka 10,047]

okay...

my hubby and i got married at korea seoul US embassy like other soldiers at 2009 september.

he came back to states with his unit at 2009 oct, and i came to states with b2 visa on end of oct 2009 as well.

just in case, we got married again at texas on november 2009 and got married certificate from the US as well.

and due to financial problem, we havent file the green card yet. but i didnt have any problem until now since i have my military ID card

however now, i just gave a birth and my husband is soon deploying, we are hurry to file green card.

can i just file AOS or what do i have to do? do i have to start from I-130 and file everything else?

we have no clue what we need and how much it is going to cost.

i have been here almost now 2 years with b2 visa. do you think that is going to be a huge problem?

If you had two legal marriages (one in Korea, one in the US) that might be an issue too, thus making the US one invalid

Edited September 1, 2011 by payxibka

[HeatDeath 430]

When you file, don't include your Texas marriage certificate, or mention your Texas wedding date. Your marriage, for immigration purposes, began with the ceremony in Korea. That was your legally binding ceremony, and the Korean marriage certificate is your legally binding marriage certificate. The Texas marriage is null and void, and that license shouldn't have been issued in the first place, as you were not technically legally free to marry at that time [being already married].

I don't think the second marriage will cause any problems with the immigration stuff, since it was to the same person, but that second marriage is definitely not valid for immigration purposes. Send USCIS the (translated if necessary) Korean marriage cert, and tell them that you've been married since the Korean ceremony, using that date as your wedding date, and it should be fine. If you bring up the Texas ceremony or cert, it will only confuse things. The Texas ceremony was invalid, because you were already married, but didn't invalidate your preexisting marriage [because it involved the same person], so I think you should be ok, as long as you don't mention or include the Texas wedding stuff in your packet.

If you get asked about it at an interview, TELL THE TRUTH, that you did that ceremony in error, not understanding that you were already legally married, but that it doesn't make a difference because it doesn't invalidate the preexisting marriage to the same person.

[Harpa Timsah 13,258]

In the state of Texas you can remarry someone who you are already married to and obtain a marriage license and certificate. So the marriage in Texas is valid and there is nothing wrong with it.

However, the marriage USCIS will be interested in, as stated above, is the first marriage in Korea.

[HeatDeath 430]

In the state of Texas you can remarry someone who you are already married to and obtain a marriage license and certificate. So the marriage in Texas is valid and there is nothing wrong with it.

However, the marriage USCIS will be interested in, as stated above, is the first marriage in Korea.

Interesting. And a little weird.

But that's good news. Cool.

[Harpa Timsah 13,258]

I know off the top of my head this is also the law in NY and NJ. In NY you can marry the same person over and over again ad nauseum if you want, and in NJ, you can register renewal of vows with the court. I checked Texas and they have a similar law (that the clerk must issue a marriage license to people who are already married to eachother).

Edited September 1, 2011 by Harpa Timsah