Will I be denied a F1 family based immigrant visa while my nullification of my marriage is still pending?

[Zaldy 0]

I'm from the Philippines, back in 2005, I was petitioned by my mother for an F1 immigrant visa for unmarried sons/daughters.

Unfortunately without thinking properly, I got married on 2008, then by 2012 we got separated. I found out that she already married before we met. This prompts me to get and an Attorney last April 2016 and the case will be bigamy and the nullification of marriage will be presented to the court.

Last August, my mother informed me that the NVC has already issued a case number for me and I already on the "IV Application" stage. I'm a bit worried because what if I will be having a visa interview while my nullification of my marriage is still pending.

What would I do to convince the interviewer that my nullification of marriage is pending?

Do I need a waiver coming from the judge that my case is still pending?

Please help. Thanks.

[Boiler 45,525]

Lawyer time

[Asia 2,498]

I think the petition went void when you married.

But yeah, lawer might be a good option.

[aleful 1,905]

hi

no it wasn't voided, since his mom is a USC, she can petition married children,

but as soon as he got married, immigration should have been notified to pass him to the F3 category as a married child

he can't go to the interview unless the marriage is annulled before the interview

lawyer time as said

[Asia 2,498]

Oopss, sorry, dunno where I got the idea that his mom is LPR from

[teddy k 35]

Hi even if the opportunity gets annulled the marriage will still come up and it's up to the CO to issue or deny the visa it can go either way good luck

[Zaldy 0]

Wow, I didn't know i'm taking a big risk. I'm thinking if I could delay filling up the DS-260 for few months, then AOS for a few months also until the court decision has been reached. I don't if this is even possible.

My lawyer said the decision of the court would take about a year.