Need help and advice

[MichaelnJanice 21]

I have been married to my current wife 3 years we married in philippines and started making a life there, and I was traveling the every 4 months, we had her obtain a vistors visa so she could visit here which she did a few times, she is here now and we decided to marry, it was then that I found out my previous marriage that I did not contest, and let it be defaulted was never completed, I got an lawyer and it should be completed soon, as my heart is about to jump out of my chest daily, I have talked to about 5 immigration attorneys, all have said it will not be a problem once we get married here, but the was one that said I would need a 601 waiver which again made my heart pound, is there anyone that can give me advice on this,

she is still in status arrived May 13th 2014

received letter from Embassy Manila to be allow to marry

have joint bank and credit card accounts

my name is on title to our property

we have taken out bank loans together

[Boiler 45,525]

Nothing you have mentioned requires a waiver, is there something else?

The only thing that might be relevant is of she applied for a B Visa saying she was married to you, but I would not have thought that was material, wrong way around.

Have you sorted out the Divorce?

[MichaelnJanice 21]

yes it should be final within next couple weeks, and yes the Visa was also a concern but she had came before and returned, as we had been trying to have child for 3 years it just made since at the time to have here stay nad mybe it would happen with more time together,

I also want to thank you so much for your fast reply

[Boiler 45,525]

How you resolve the PI marriage I do not know, annulment seems a long and messy process.

[MichaelnJanice 21]

I married my former wife here in California, so as soon as that is final I will marry my current wife here is US

[NikLR 13,227]

If your plans are to marry first then do the petition then you should follow the CR1 route.

If your plans are to marry and stay within the USA then you should follow the K1 route.

If you are already married to your Filipino wife but not yet divorced from your previous wife then your current marriage is invalid. Your Philippine marriage certificate will show that you were married to two people at the same time. I'm not sure if that means you need to annul your current marriage or if it was just invalid because you were already married.

As it is right now, you cannot apply for either the AOS or CR1 or K1.

So married is married, you cannot remarry your current wife in the USA because you're already married to her in the Philippines. You really will need to sort out if you need to get this current marriage annulled or not before getting remarried to your current wife.

Edited August 2, 2014 by NLR