whats visa fits my situation?

[danaya27 0]

hello i just wanna ask about our situation.my husband is an american and we got a daughter,Shes a CRBA baby and has a US passport. we've been in relation for like 5 years and 2 mos. and we marry last sept, 03. 2015 and update my information as married and im now using my husbands surname. but when he check out his divorce degree he notice that his ex wife just signed the paper last feb 2016. but they're been divorce for like 15 years. due to that it make our marriage in america invalid. so what should we do? are we filing fiance visa? or Spouse visa? hope u can clear out some thought of mine...from Philippines.thank you

Edited May 21, 2016 by danaya27

[NikLR 13,220]

Separated and divorced are two different things. Where did you get married that he didn't need his divorce decree?

[Rc123rc 528]

I would think your choice. Your marriage is null and void so you can apply K-1 or get remarried and apply CR1. Just remember if any paperwork asks the question to your husband if he was married to more than one person at the same time to answer "Yes." Since he is is the USC I doubt that question comes up. Since you weren't married to two people at once, I think you are in the clear. Since you have probably done all kinds of other paperwork that list you as married such as insurance, bills, accounts and so on it might just be easier to go to the clerk's office and get remarried. I think you might have some explaining to do though. Check with a local lawyer first before making a decision.

[Empress200735 6]

Hi

You have two options (1) you could applying for the K1 visa as neither of you are married. (2) The other option is that you both could get married and apply for the CR1 visa.

All the best

[danaya27 0]

so it means it invalid in the US embassy...? but i have NSO marriage license. getting confused on things now lol

[Empress200735 6]

Hi

I presume your partner is a USC, he could ask a divorce lawyer if his marriage to you is still legal. considering his ex-wife only recently signed the divorce paper. Once you have the question to that it may help you decide what visa to apply for.

[danaya27 0]

THANKS GUYS FOR ALL THE HELP

[NikLR 13,220]

You definitely need to sort out how to be legally married before you even start to worry about immigration. Your USC husband needs to discuss this with a lawyer. If you're from the Philippines or somewhere that doesnt allow for divorce you also need to talk to a lawyer about how to make sure your marriage is legitimate. It may not be as simple as your old one doesnt count or is invalid. This is beyond DIY right now.

[Transborderwife 4,666]

Separated and divorced are two different things. Where did you get married that he didn't need his divorce decree?

I know Florida only requires one if you've been divorced the in past 30 days

[mallafri76 1,012]

Separated and divorced are two different things. Where did you get married that he didn't need his divorce decree?

Think it depends on the state. In Texas, you just tick a box certifying under penalty of perjury that both parties are not currently married and free to marry each other.

OP, your spouse should contact a lawyer in the US, as this might have turn out to be something more serious than a simple "whops, I was still married".

[Transborderwife 4,666]

Think it depends on the state. In Texas, you just tick a box certifying under penalty of perjury that both parties are not currently married and free to marry each other.

OP, your spouse should contact a lawyer in the US, as this might have turn out to be something more serious than a simple "whops, I was still married".

This is why bigamy is such a thing in the USA I personally believe. I know in Ontario had we gotten married there my ex would've had to have his divorce decree evaluated by a lawyer and signed off on before we could get a license as its foreign.

[NikLR 13,220]

My husband needed his divorce decree to even get our marriage license in BC, Canada as well. Im surprised that its not always required down here.