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

[Gosia & Tito 199]

Yeah, it would be really really stupid. But nothing is preventing him from doing it. I think I could go marry someone else right now. I mean, it's illegal, and I would get caught and be up a creek, but I don't think anyone would prevent me from doing it. It's easy to marry in the US - the gov gets you for that crime in other ways, not from preventing it, you know?

It sounds like the timeline was too close together to get a divorce. I think both marriages at present are bigamous, but the OP needs to find that out.

It is possible. Was just thinking that a short lived marriage is fairly quick -and cheap, under 300-400 to get an attorney to do it or much less if you do it yourself- to dissolve in some states, especially since the short time would not really make any splitting of goods/finances likely.

In any case, OP needs to contact ex asap and get the details before proceeding with the current petition.

[NigeriaorBust 4,087]

My ex spent a little over a decade married to me and another woman. I didn't know about it the first few years and she never caught on. Made for a very simple divorce. I got everything ( except the bills) and he stayed out of jail.

[mmwahugz 1]

HOW COME THE FIRST HUSBAND GOT MARRIED TO A NEW FILIPINA..IF THE FIRST ONE NOT YET DIVORCE TOO...

[NigeriaorBust 4,087]

Sometimes things slip under the radar, that doesn't mean it will happen a second time or the OP's "friend" should try it.

[Tahoma 2,292]

It is irrelevant where he lives now. You can file for divorce in any state/county. Your friend needs to get in touch with ex and get copies of the divorce documentation, or at least where it was filed and granted.

^^^ :thumbs: ...+1

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.

^^^ :thumbs: ...+1

[seventeen hearts 0]

HOW COME THE FIRST HUSBAND GOT MARRIED TO A NEW FILIPINA..IF THE FIRST ONE NOT YET DIVORCE TOO...

yah that's my point too...so i guess he filed the divorce without the first wife.

[seventeen hearts 0]

Sounds like her ban is over. Assuming those dates are correct.

I wonder what she about her previous marriage, the Consulate know they issued a K1 previously, know when she came back, did she say they never married?

yes she said never married and the k1 visa never work she stay there least then 6 months

[christeen 966]

Did think of that, but it is so easy to get a divorce these days, that it would be beyond stupid to re-marry without a divorce, not only legally but with the financial ramifications...let alone the family issues that could come with it.

You input is well taken however, one never knows what goes on in the heads of some.....

Beyond stupid... Yes.... But laziness and/or ignorance abound in most stupid decisions. Just because everything in Vegas is fake does not mean the marriages are as well! Those are real and in ths case, it has real consequences. If no divorce is filed from the ex husband, I would think that it would not take much persuasion for him to do this since it would mean that he is in a bigamous relationship which would be terrible for his life as well. However... First I would cancel any interviews with uscis immediately pending further investigation!

[seventeen hearts 0]

Beyond stupid... Yes.... But laziness and/or ignorance abound in most stupid decisions. Just because everything in Vegas is fake does not mean the marriages are as well! Those are real and in ths case, it has real consequences. If no divorce is filed from the ex husband, I would think that it would not take much persuasion for him to do this since it would mean that he is in a bigamous relationship which would be terrible for his life as well. However... First I would cancel any interviews with uscis immediately pending further investigation!

my friend said that she get intouch with the ex and he said they are divorce last february 6 2007 but he will never send her the copy.. at least she got an option order a copy online

[christeen 966]

my friend said that she get intouch with the ex and he said they are divorce last february 6 2007 but he will never send her the copy.. at least she got an option order a copy online

Good on that front... At least she was divorced... Now to handle why she did not list it on the application... Misrepresentation is a biggie and I am sure others will chime in how maybe to address this issue.... Best of luck for her.

[seventeen hearts 0]

Good on that front... At least she was divorced... Now to handle why she did not list it on the application... Misrepresentation is a biggie and I am sure others will chime in how maybe to address this issue.... Best of luck for her.

yep hopefully she will get trough to this...if not she will be staying away for the hubby forever..unless the hubby willing to give everything in the US just to be with her... she said how come in the philippines her status is single?

[NigeriaorBust 4,087]

yep hopefully she will get trough to this...if not she will be staying away for the hubby forever..unless the hubby willing to give everything in the US just to be with her... she said how come in the philippines her status is single?

At this point in time countries don't share all records with each other. So just because something happened in one place and isn't recorded in another doesn't make it go away. If you come to the US , get pregnant , have a child , does that child not exist if you go back to your home country and not register the birth ?

[christeen 966]

yep hopefully she will get trough to this...if not she will be staying away for the hubby forever..unless the hubby willing to give everything in the US just to be with her... she said how come in the philippines her status is single?

Well duh! it was not registered Because SHE never reported herself as married... It's not like a worldwide wire notification goes out for every marriage. It is up to the married person to file and register their marriage! Anyway.. Good luck

[seventeen hearts 0]

Well duh! it was not registered Because SHE never reported herself as married... It's not like a worldwide wire notification goes out for every marriage. It is up to the married person to file and register their marriage! Anyway.. Good luck

haha! ty

[dwheels76 5,468]

my friend said that she get intouch with the ex and he said they are divorce last february 6 2007 but he will never send her the copy.. at least she got an option order a copy online

Well YAY for the divorce happened. And Boo for husband being a D$@K ummmm (not nice person) and not sending copy of divorce decree. At least I hope he said where he filed so she can get a copy.

Now for my PSA to anyone reading this. Please please get your affairs in order and ducks in a row before filing. I have had 3 friends have to deal with this.

One went got married in his country comes back getting ready to file and Whoa nellie she is still married to 1st husband. Now she has to fie for divorce and wait the 6 month waiting period than remarry 2nd hubby than she can file. OMG

Next one getting ready to marry getting her things in order and OMG still married (its been 8 years since she last saw him and he is in prison and won't give divorce) now her relationship and upcoming wedding all blown apart.

Next friend (this is like the OP's sort of) goes gets married files and they say nope u still married she says no seems the date and the filing and all that was after the fact. fast forward almost 3 years later all fixed he comes on a K1 (even though they married years back and it was legal) and phew all is well.

Just please do your due diligence. OP your friend will have to explain why she just forgot that she got married. It doesn't matter whether she thought it valid or not (why would she think so anyway). She signed a document of marriage. She lied on a government form and said she was single. This isn't a case of "what goes on in Vegas stays in Vegas".

She needs to explain and explain for real and throw herself on the sword of truth. Move the interview. Get copy of the divorce decree. Have a new fresh form with divorced checked and a very good honest sorrowful explanation.

The truth always wins in the end.