Visa Refusal Section 212(a)(5)

[kikiki1212 0]

Hi, I am hoping for some guidance on next steps to take after a visa refusal based on section 212(a)(5) (A) you do not have a petitionable relationship with the petitioner, as your marriage was registered in 2007, while your petitioner was still married to a different spouse, invalidating the marriage between you and the petitioner. 

 

Background: Petitioner and Cambodia-based applicant have a  son together, born in Cambodia, who has been living with petitioner (father) in the U.S. for 2-3 years now. In petitioner's previous U.S.-based marriage, the ex-spouse left the marriage and was not trackable for years and U.S. divorce proceedings were not finalized until 2012. Petitioner and applicant married in Cambodia in 2007. We understand the reasoning for the refusal but would like to know what next steps to take for reapplying. Could the petitioner return to Cambodia, divorce applicant, and remarry? Or are there other options to take? Thank you so much.

[geowrian 22,338]

You need to complete a divorce or annulment then marry again for the marriage to be deemed legal in the US.

Edit: Then you can apply for a visa again (from the beginning..the current I-130 is invalid).

Edited September 29, 2018 by geowrian

[pushbrk 13,254]

10 minutes ago, geowrian said:

You need to complete a divorce or annulment then marry again for the marriage to be deemed legal in the US.

Edit: Then you can apply for a visaa again (form the beginning..the current I-130 is invalid).

Correct.  There are no OTHER options.  The current 2007 marriage is a crime called Bigamy.  Clean it up and start all over again.

[Ben&Zian 4,398]

Couldn't agree any more than the above posters. You can not legally enter into marriage while currently married to someone else, regardless of "not being able to get ahold of them" or not. It's a crime in the US.