confuse about everything about AOS

[r and d 0]

We are about to file my AOS but i cant move my hand to fill up the forms for i have lots of worries in my head..i came here to work for a military family which ive met abroad under B1visa (domestic employee visa) and i met this wonderful guy online, we fell inlove and decided to got married. I am separated for years bow but not legally,(annulment in my home country costs time and much money)..i told my husband about it before we got married. I dont know if it will affect my application. The last name on my passport is still my former's husband..and do i really need to file I-130 with I-485? My USC husband dont really want me to just go back in my home country thats why we are taking our chances...please help..

[belinda63 3,047]

Well the problem is unless you divorced/annulled in your home country you are not married to your US husband. You have committed bigamy. You need to end the first marriage then get married to your new man.

[kzielu 1,153]

We are about to file my AOS but i cant move my hand to fill up the forms for i have lots of worries in my head..i came here to work for a military family which ive met abroad under B1visa (domestic employee visa) and i met this wonderful guy online, we fell inlove and decided to got married. I am separated for years bow but not legally,(annulment in my home country costs time and much money)..i told my husband about it before we got married. I dont know if it will affect my application. The last name on my passport is still my former's husband..and do i really need to file I-130 with I-485? My USC husband dont really want me to just go back in my home country thats why we are taking our chances...please help..

Yes, you would have to file both I-130 and I-485 (and couple of more), but you can't - as Belinda said you are not married since your 2nd marriage is invalid. No point in filing for anything.

[r and d 0]

Thanks for ur replies..

[NickD 203]

This gets to be a complicated issue because with 203 some odd countries, agreements are made as to whether one country recognizes a marriage or a divorce from another country. But you have to get a divorce regardless before remarrying.

Know of some to keep the USCIS happy, just went to Las Vegas to get this divorce, may not be recognized by your own corrupted country, but will be recognized in the US. Really don't find it strange that a country will recognize a marriage in another country, but won't recognized a divorce. Law makers are attorneys, no money to be made in a marriage, but fortune to be made in a divorce.

Federal government in the US does not have anything to do with marriage or divorce, strictly left up to the states, and with 50 different states, have 50 different laws. In Wisconsin as a resident, required by law to get a marriage license in my own county, they want that 150 bucks, but free to marry anywhere I chose, if they recognize this license.

But when we filled out the form, could have said we were never previously married, that would have been a lie, but since we said yes, had to provide proof we were both divorced, and in such a manner, that our divorces followed the laws of our state.

Did you misrepresent yourself with your marriage? If so, was not a good thing to do. Better get this squared away first. We had to prove to the USCIS not once, but three times we have a valid marriage.

[NikLR 13,232]

--moved to AOS from tourist, work, and student visas from what visa do I need as OP has decided on a path--

[braveheart97xxx 7]

You can file for divorce here in the US if you have at least 6 months residency in a county - then you have to get a court order for that before you can get married and start the AOS journey ....

It will take a process of "serving" - serve him with papers ... your husband in your home country and if a long as you can locate him and he accepts the service of your divorce papers WITHOUT CONTESTING that - then , your county clerk of court can process your divorce here ...- That simple.- Oh I love America ..