My concern for US SPOUSAL VISA

[Felipphine 0]

Hello Everyone here. 

I and my husband got married in the Philippines before he have his final divorce. We are able to get marry because the US EMBASSY give him the legal capacity to marry.  He was very confident that he is available to get married to me because his marriage before was void because he get married to his ex and that his ex was just 3 to 4 months divorced from her previous marriage. Way back the year that he want to divorce her ex. The attorney told him that he is not legally married because his ex is just only divorced 4 months. US law that she will need to wait until 6 months and available to remarry. So the marriage was void.

 

Now, we are about to get my US SPOUSAL VISA. He went to the other attorney, and the lawyer said he needs to file the divorce decree. Because he have the record that he is still married (make me confuse). My husband filed it and now he got his final divorce.

 

My question, is that still possible that they will grant me the spousal visa? Since he got his final divorce after our marriage? I need your help. Thank you.

[Boiler 46,438]

No

[Russ&Caro 1,549]

You're going to have problems. You received some bad advice.

[bakphx1 789]

Some states have a six month waiting period.  But, I think he needs an anullment rather than a divorce.  I *think* you can get one even after divorce.  

[JFH 12,191]

Only 3 states have a 6-month waiting period for remarriage after divorce. It’s unfortunate that he was on one of those states at the time. He needs an annulment. If there was no legal marriage, he cannot he divorced. 

[pushbrk 13,268]

This all presumes both prior marriages were in the same state and that he currently lives in that state.  Competent legal advice is needed in this case.

 

Note that since he has already registered a marriage in the Philippines, to the OP, neither of them will be marrying again in the Philippines.  He could go to jail for three years in the Philippines for bigamy.  Even if he wins the case, he'll spend the three years in jail.  This is serious business.  He needs a lawyer in the Philippines and one in his own State.

Edited January 29, 2018 by pushbrk

[Cyberfx1024 7,980]

11 hours ago, bakphx1@aol.com said:

Some states have a six month waiting period.  But, I think he needs an anullment rather than a divorce.  I *think* you can get one even after divorce.  

Why would he need an annulment?

[bakphx1 789]

11 minutes ago, cyberfx1024 said:

Why would he need an annulment?

Because an annulment treats the marriage as though it never happened, whereas a divorce puts an end date on the marriage, but the marriage is fully recognized. 

[bakphx1 789]

8 hours ago, pushbrk said:

This all presumes both prior marriages were in the same state and that he currently lives in that state.  Competent legal advice is needed in this case.

True... since he got legal advice the marriage was not valid, I thought there was some hope that an annulment could happen.  Though it's third hand info we are working with here.   The person apparently didn't go out and get an annulment if he did qualify. 

[Cyberfx1024 7,980]

15 minutes ago, bakphx1@aol.com said:

True... since he got legal advice the marriage was not valid, I thought there was some hope that an annulment could happen.  Though it's third hand info we are working with here.   The person apparently didn't go out and get an annulment if he did qualify. 

 

26 minutes ago, bakphx1@aol.com said:

Because an annulment treats the marriage as though it never happened, whereas a divorce puts an end date on the marriage, but the marriage is fully recognized. 

I only feel bad for the OP right now because an annulment in the Philippines costs at least $5kUSD and takes about 2 years if their lucky.

[mcdull 474]

a bit surprised to hear these days men still want to rush into marriage.

 

good luck OP.

[Derik-Lina 230]

16 hours ago, Felipphine said:

Hello Everyone here. 

I and my husband got married in the Philippines before he have his final divorce. We are able to get marry because the US EMBASSY give him the legal capacity to marry.  He was very confident that he is available to get married to me because his marriage before was void because he get married to his ex and that his ex was just 3 to 4 months divorced from her previous marriage. Way back the year that he want to divorce her ex. The attorney told him that he is not legally married because his ex is just only divorced 4 months. US law that she will need to wait until 6 months and available to remarry. So the marriage was void.

 

Now, we are about to get my US SPOUSAL VISA. He went to the other attorney, and the lawyer said he needs to file the divorce decree. Because he have the record that he is still married (make me confuse). My husband filed it and now he got his final divorce.

 

My question, is that still possible that they will grant me the spousal visa? Since he got his final divorce after our marriage? I need your help. Thank you.

Why the Rush? one of you could change their mind? The I-130 would not be filed? 

Answer: Not legal and no; you will not be granted the Visa. You will risk being Fraudulent and denied forever.

Edited January 29, 2018 by Derik-Lina

[Feejeegal 0]

Since there is record of your husbands marriage. He will need to file necessary papers of divorce. Therefore your marriage is not valid. Once his divorce is finalized. Then u guys will need to ‘legally marry’.

i suggest do that first before submitting your i130 or your case will definitely be put on hold or denied.

All the best 

 

[pushbrk 13,268]

1 hour ago, Feejeegal said:

Since there is record of your husbands marriage. He will need to file necessary papers of divorce. Therefore your marriage is not valid. Once his divorce is finalized. Then u guys will need to ‘legally marry’.

i suggest do that first before submitting your i130 or your case will definitely be put on hold or denied.

All the best 

 

It's the Philippines, so it's too late to fix this.  The "husband" has committed the crime of Bigamy.  If he shows his face in the Philippines to try to "fix" this, he'll go to jail.  They have zero sense of humor on this issue and there IS no jury in this kind of situation.

[Andrea&Henry 311]

Im confused op, would you be so kind and clarify?

 

so going by what you said you guys already applied for a CR1 visa and you are probably within the last stage of the process. How could you make it to the final stages without an RFE?

 

if your husband declared on the forms he is divorced or he had annulled marriage, he needed to file a divorce decree or an annulment because one of the main requisites is having a valid marriage meaning you were BOTH free to married each other in the 1st place.

 

not disclosing this information during the process is pretty much lying and not getting the visa it won’t be the worst of the things that might go wrong with your case.

 

so only 3 states have the rule of the 6 months so that means the marriage of his ex with her previous ex, happened in one of these 3 states right? Either way, if this is the case, your “husband” still needed an annulment document issued to establish his legal singlehood.

 

how did the embassy enabled him to marry?