Pinay LPR divorced pinoy LPR (only in US) married USC

[Casan 0]

Without citing how I'm either involved in this, or how I'm related to the persons in question, I will try to give as much info as possible otherwise. 

A female LPR from the Philippines came to the US with her likewise Filipino husband (current LPR) who had petitioned her to come with with him to the US after his visa was approved. 

Their work visas were for 10 years. 7 years after becoming an LPR the two separated. The pinay later began a relationship with a USC. She then filed for a divorce in the US and married said USC. Her green card, and Philippines passport both still say her ex husband's surname because the Philippine embassy denied her request to change it to her maiden name when she renewed her passport. 

She is still legally married to pinoy LPR in the Philippines, and legally married to the USC in the US. Her passport and greencard still has her pinoy ex husband's surname while her state ID and SS card have her maiden name.  

Her visa is soon to expire, which she is sure she wants to pursue renewing her work visa rather than becoming a USC or for dual-citizenship. She refuses to file for annulment in the Philippines because it's expensive.  

Would any of this block her from either renewing her visa or becoming a USC? 

Is that considered Bigamy? 

What could she do going forward to fix anything necessary if it is in the way? 

[Roel 7,192]

1. If she already has a green card then she doesn't have any visa.  Her green card is her main document now. So maybe ask her to be sure if she's on work visa (I've never heard of one that can be valid this long) or green card. 

2. If she is still legally married to her first husband then her second marriage will be considered void. Can't be legally married to two people. Yea she's a bigamist. Yes it's illegal in the USA and she will be in troubles. She might lose her status or go to jail. Or both. 

3. She needs to go through the annulment and then when it's over marry her second husband again, I guess. 

Edited February 18, 2018 by Roel

[Chris Duffy 1,257]

1 hour ago, Roel said:

2. If she is still legally married to her first husband then her second marriage will be considered void. Can't be legally married to two people. Yea she's a bigamist. Yes it's illegal in the USA and she will be in troubles. She might lose her status or go to jail. Or both. 

FYI

 

Divorce is illegal in Philippines. The USA will recognize the divorce but the Philippines will not in this case, since they are both citizens of the Phlippines.. In this case here it doesn't matter since and she is considered legally married in the USA, no bigamy since she filed for divorce in the USA.  

 

 

[Chris Duffy 1,257]

1 hour ago, Roel said:

3. She needs to go through the annulment and then when it's over marry her second husband again, I guess. 

Only way that could happen if she was trying to get married in the Philippines, which I highly doubt she ever would.  If she married in the USA (which I assume she did)  then it is legal and valid in the USA

[Chris Duffy 1,257]

1 hour ago, Casan said:

Without citing how I'm either involved in this, or how I'm related to the persons in question, I will try to give as much info as possible otherwise. 

A female LPR from the Philippines came to the US with her likewise Filipino husband (current LPR) who had petitioned her to come with with him to the US after his visa was approved. 

Their work visas were for 10 years. 7 years after becoming an LPR the two separated. The pinay later began a relationship with a USC. She then filed for a divorce in the US and married said USC. Her green card, and Philippines passport both still say her ex husband's surname because the Philippine embassy denied her request to change it to her maiden name when she renewed her passport. 

She is still legally married to pinoy LPR in the Philippines, and legally married to the USC in the US. Her passport and greencard still has her pinoy ex husband's surname while her state ID and SS card have her maiden name.  

Her visa is soon to expire, which she is sure she wants to pursue renewing her work visa rather than becoming a USC or for dual-citizenship. She refuses to file for annulment in the Philippines because it's expensive.  

Would any of this block her from either renewing her visa or becoming a USC? 

Is that considered Bigamy? 

What could she do going forward to fix anything necessary if it is in the way? 

She would be best to try to file for US Citizenship if she has that option.  Then she can pay a small fee and file for Dual Citizenship that would be recognized in Philippines.

 

Her other option is to renew her work visa in the USA.

 

Nothing that you stated should block her from renewing her visa or becoming a USC.

 

It is not bigamy, and I don't see anything she needs to do to fix anything.

[JFH 12,190]

If she’s here on a work visa (the opening post is confusing as to what her status is) then she sang become a citizen without first becoming a resident. Since she’s married to a USC she can adjust status to a resident. But if she’s already a resident she doesn’t need a work visa. 

[Boiler 45,575]

I also have never heard of a 10 year work visa so trying to work out what the real deal is becomes pointless, too many variables if we start a guessing game.