Previous k1 visa, no divorce, now CR-1- problem?

[seventeen hearts 0]

hi guys it's me again, i have a girl friend she meet a guy online before and they hook up the guy visit her here in the philippines and they are boyfriend and girl friend to make the story short the guy petition her under k1 after couple months she was approved in july 2006 then she leave philippines august 2006 when she arrived there in USA they went to las vegas to get married before the the k1 visa will expired....but then too bad they didn't get along well they have fight she always caught the husband dating another girl here in the philippines trough online where she meet him and then she got feed up after the hubby never stop what he's doing so she decided to come back here in the philippines last january 2007 even though the k1 visa still good...she don't even know if their wedding is valid because they are not doing any papers...so when she is back here in the philippines she meet another guy USC and they married over here last 2010 and they got 1 baby and they are filing the IV too and it was approved and she will having an interview sometime this year she is kinda a worried what if she will get denied on her visa because of that failed marriage in the states? is that gonna be a problem??? the ex hubby in the US is already married and got kids too....

so i have no idea i can't answer all her questions..that's why i'm asking for your help

THANK YOU guys.

[Penguin_ie 5,993]

*** Moving from K1 to CR-1 as OP says the friend is married to the new USC husband ****

Las Vegas marriages are legal, but what do you mean with "no papers were filed"? Do you mean they did not adjust status after the marriage, or that she did not get legally married? Did she list the previous marriage on the documents for her new petition?

[seventeen hearts 0]

*** Moving from K1 to CR-1 as OP says the friend is married to the new USC husband ****

Las Vegas marriages are legal, but what do you mean with "no papers were filed"? Do you mean they did not adjust status after the marriage, or that she did not get legally married? Did she list the previous marriage on the documents for her new petition?

i mean no adjustment of status and she is single here in the philippines she got cenomar but she was married last 2010 with the petitioner right now there i 130 was approved... is she gonna have a trouble they have a baby already 1 year 5 months old

[Harpa Timsah 13,258]

Yes she is going to have trouble. Whenever they find out that she is already married to someone else, she will be banned from the US for life. There is no statute of limitations on that, so it could be now, before he gets her visa, or in 2 years. She will be deported and never able to come back the the US.

She needs a good lawyer, and needs to get divorced to her old husband. Bigamy is a crime in the US.

[seventeen hearts 0]

Yes she is going to have trouble. Whenever they find out that she is already married to someone else, she will be banned from the US for life. There is no statute of limitations on that, so it could be now, before he gets her visa, or in 2 years. She will be deported and never able to come back the the US.

She needs a good lawyer, and needs to get divorced to her old husband. Bigamy is a crime in the US.

wow i feel bad so i guess its late now because she have her schedule interview already.. and she said that she never got any papers from the ex hubby who is now married to in the USA with a filipina wife...

[seventeen hearts 0]

*** Moving from K1 to CR-1 as OP says the friend is married to the new USC husband ****

Las Vegas marriages are legal, but what do you mean with "no papers were filed"? Do you mean they did not adjust status after the marriage, or that she did not get legally married? Did she list the previous marriage on the documents for her new petition?

no list of marriage because she is single here when she they applied for capacity of marriage she is single and never been married in all her papers....here in the philippines

*** Moving from K1 to CR-1 as OP says the friend is married to the new USC husband ****

Las Vegas marriages are legal, but what do you mean with "no papers were filed"? Do you mean they did not adjust status after the marriage, or that she did not get legally married? Did she list the previous marriage on the documents for her new petition?

no list of marriage because she is single here when she they applied for capacity of marriage she is single and never been married in all her papers....here in the philippines

[Penguin_ie 5,993]

She is not single, she is married. Just because she didn't register the marriage in the Philippines/ did not file AOS does not mean she is/ was not legally married to husband 1. There are three possibilities here, none good but some better than others:

- The US ex-husband got a divorce from her in-absentia. If this happened before she got re-married in 2010, she is ok. She will be in some trouble for not declaring the first marriage on her spousal visa paperwork, but she can submit a corrected copy and copy of the divorce papers and while they will give her a hard time, she will probably be ok.

- The US ex-husband got a divorce from her in-absentia, it was final after she married husband 2. That means she was not free to marry and thus the current petition is invalid. She needs to cancel the interview, admit she made a mistake, get properly married to husband 2 and have him re-petition her.

- She is still married to husband 1, no divorce was ever finalised. Big trouble for both her and husband 1.

= essentially, she needs to get in touch with husband 1 asap and find out what the story is. She should NOT go to the interview untilo this is sorted, she will be slapped with a material missrep which is a lifetime ban.

Edited March 23, 2013 by Penguin_ie

[seventeen hearts 0]

She is not single, she is married. Just because she didn't register the marriage in the Philippines/ did not file AOS does not mean she is/ was not legally married to husband 1. There are three possibilities here, none good but some better than others:

- The US ex-husband got a divorce from her in-absentia. If this happened before she got re-married in 2010, she is ok. She will be in some trouble for not declaring the first marriage on her spousal visa paperwork, but she can submit a corrected copy and copy of the divorce papers and while they will give her a hard time, she will probably be ok.

- The US ex-husband got a divorce from her in-absentia, it was final after she married husband 2. That means she was not free to marry and thus the current petition is invalid. She needs to cancel the interview, admit she made a mistake, get properly married to husband 2 and have him re-petition her.

- She is still married to husband 1, no divorce was ever finalised. Big trouble for both her and husband 1.

= essentially, she needs to get in touch with husband 1 asap and find out what the story is. She should NOT go to the interview untilo this is sorted, she will be slapped with a material missrep which is a lifetime ban.

the husband 1 got married couple months after she leave the USA the same year in 2007 thank you

[madtownguy 164]

She will have lots of problems if she is still married. I doubt the USC understands or knows this. They are not married, she can't legally marry someone while being married. Your friend needs to get a legal divorce which will probably need the help of the USC.

[seventeen hearts 0]

She will have lots of problems if she is still married. I doubt the USC understands or knows this. They are not married, she can't legally marry someone while being married. Your friend needs to get a legal divorce which will probably need the help of the USC.

she wasn't married here i think she said in LV, thank you. yah i bet she is in big trouble right now. even the ex husband married another filipina in year 2007??

[seventeen hearts 0]

hi guys it's me again, i have a girl friend she meet a guy online before and they hook up the guy visit her here in the philippines and they are boyfriend and girl friend to make the story short the guy petition her under k1 after couple months she was approved in july 2006 then she leave philippines august 2006 when she arrived there in USA they went to las vegas to get married before the the k1 visa will expired....but then too bad they didn't get along well they have fight she always caught the husband dating another girl here in the philippines trough online where she meet him and then she got feed up after the hubby never stop what he's doing so she decided to come back here in the philippines last january 2007 even though the k1 visa still good...she don't even know if their wedding is valid because they are not doing any papers...so when she is back here in the philippines she meet another guy USC and they married over here last 2010 and they got 1 baby and they are filing the IV too and it was approved and she will having an interview sometime this year she is kinda a worried what if she will get denied on her visa because of that failed marriage in the states? is that gonna be a problem??? the ex hubby in the US is already married and got kids too....

so i have no idea i can't answer all her questions..that's why i'm asking for your help

THANK YOU guys.

0

[madtownguy 164]

she wasn't married here i think she said in LV, thank you. yah i bet she is in big trouble right now. even the ex husband married another filipina in year 2007??

The OP said her friend got remarried in the Philippines in 2010. The marriage is not legal if she is already married. Maybe the last husband got the divorce some how, not sure how that would be possible.

[seventeen hearts 0]

The OP said her friend got remarried in the Philippines in 2010. The marriage is not legal if she is already married. Maybe the last husband got the divorce some how, not sure how that would be possible.

yah me too and the ex hubby married before that year which is confusing. no papers was sent to her.. she went to NSO to get her cenomar it says there that she is never been married...

[biaobiao 40]

they have to check in las vegas if the marriage is indeed valid. In PI, if it was not reported to the embassy or consulate i doubt it will be on records. Best option is to double check in las vegas where they got married if it was registered. I do not their policy. She better be prepared during the interview.

[seventeen hearts 0]

they have to check in las vegas if the marriage is indeed valid. In PI, if it was not reported to the embassy or consulate i doubt it will be on records. Best option is to double check in las vegas where they got married if it was registered. I do not their policy. She better be prepared during the interview.

that i don't have any idea. but here in the philippines she never been married..and the ex hubby married couple months after she leave the states last 2007 tsk tsk...