My concern for US SPOUSAL VISA

[Andrea&Henry 311]

5 minutes ago, pushbrk said:

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.

Wow!!! And I thought not getting the visa was the worst case. Im still trying to understand how did she filed for cr1 without providing an annulment or divorce decree. From what I understand they did file the petition 

[kris&me 572]

interesting,  so he can not file for K1 as the phillipines shows him as married

and he can not apply for US visa as married as the US does not recogize the marriage as legal as he did not divorce
what are the options?

[Russ&Caro 1,548]

 

1 minute ago, kris&me said:

interesting,  so he can not file for K1 as the phillipines shows him as married

and he can not apply for US visa as married as the US does not recogize the marriage as legal as he did not divorce
what are the options?

Seems like he needs to legally dissolve a couple of marriages, for starters. And it sounds like he might want to dissolve the marriage in Philippines remotely, if possible. Immigration and remarriage comes later. Some lawyers are going to make some money on these cases.

[pushbrk 12,243]

2 hours ago, Andrea&Henry said:

Wow!!! And I thought not getting the visa was the worst case. Im still trying to understand how did she filed for cr1 without providing an annulment or divorce decree. From what I understand they did file the petition 

Read the first post.  The petitioner thought he could ignore the marriage because it wasn't legal.  He then went to the Embassy in Manila and swore an affidavit notarized by a Consular Officer that left out this marriage.  He then married under Philippine laws.  His Filipina wife is now officially married in the Philippines and he is officially a Bigamist .  When they try to "fix" this, he has to admit to Bigamy (and probably perjury).  When he does, he will be arrested.  He can get out on bail by surrendering his passport but they have sufficient evidence for a judge to sentence him to 3 years in a Philippine prison with no jury trial.

If this couple wants to be together, he will simply need to move to the Philippines and live there or just keep visiting.  If they never try to "fix" the problem, THEN the worst case is that she never comes to the US.  If the relationship ends, she can't remarry in the Philippines without an annulment.

[MiraW 58]

51 minutes ago, pushbrk said:

Read the first post.  The petitioner thought he could ignore the marriage because it wasn't legal.  He then went to the Embassy in Manila and swore an affidavit notarized by a Consular Officer that left out this marriage.  He then married under Philippine laws.  His Filipina wife is now officially married in the Philippines and he is officially a Bigamist .  When they try to "fix" this, he has to admit to Bigamy (and probably perjury).  When he does, he will be arrested.  He can get out on bail by surrendering his passport but they have sufficient evidence for a judge to sentence him to 3 years in a Philippine prison with no jury trial.

If this couple wants to be together, he will simply need to move to the Philippines and live there or just keep visiting.  If they never try to "fix" the problem, THEN the worst case is that she never comes to the US.  If the relationship ends, she can't remarry in the Philippines without an annulment.

Would they be able to get a divorce/annulment for their own marriage? Would it help their situation? Just kind of curious.

[George & Roth 1,485]

58 minutes ago, pushbrk said:

Read the first post.  The petitioner thought he could ignore the marriage because it wasn't legal.  He then went to the Embassy in Manila and swore an affidavit notarized by a Consular Officer that left out this marriage.  He then married under Philippine laws.  His Filipina wife is now officially married in the Philippines and he is officially a Bigamist .  When they try to "fix" this, he has to admit to Bigamy (and probably perjury).  When he does, he will be arrested.  He can get out on bail by surrendering his passport but they have sufficient evidence for a judge to sentence him to 3 years in a Philippine prison with no jury trial.

If this couple wants to be together, he will simply need to move to the Philippines and live there or just keep visiting.  If they never try to "fix" the problem, THEN the worst case is that she never comes to the US.  If the relationship ends, she can't remarry in the Philippines without an annulment.

They can get married in another country and file for Visa in that other country. 

[pushbrk 12,243]

2 hours ago, George & Roth said:

They can get married in another country and file for Visa in that other country. 

She would need to be a resident of that other country to go through the US Consular IV unit in "another country".  Not so easy for a Filipino, but not impossible.

[pushbrk 12,243]

3 hours ago, MiraW said:

Would they be able to get a divorce/annulment for their own marriage? Would it help their situation? Just kind of curious.

Perhaps, yes, but in doing so they would have to tell the court WHY.  In doing so, HE admits to Bigamy and is arrested.

[George & Roth 1,485]

3 hours ago, pushbrk said:

She would need to be a resident of that other country to go through the US Consular IV unit in "another country".  Not so easy for a Filipino, but not impossible.

I mentioned it as I have read about people marrying in other countries when they had issues in their own. I lived in Cambodia for a while and the topic came up occasionally, I am by no means an expert but OP may wish to look into it. 

[pushbrk 12,243]

12 minutes ago, George & Roth said:

I mentioned it as I have read about people marrying in other countries when they had issues in their own. I lived in Cambodia for a while and the topic came up occasionally, I am by no means an expert but OP may wish to look into it. 

To apply for the visa in Cambodia, she would have to be a resident there.  Since according to the Philippine government, she IS ALREADY MARRIED, she would have to find a country (are there any except the US?) that doesn't require documentation from HER country that she is free to marry.

[Gamboli 48]

I hope all goes well, but I'm afraid you bought yourselves bunch of trouble. 

[Boiler 43,755]

49 minutes ago, pushbrk said:

To apply for the visa in Cambodia, she would have to be a resident there.  Since according to the Philippine government, she IS ALREADY MARRIED, she would have to find a country (are there any except the US?) that doesn't require documentation from HER country that she is free to marry.

UK

 

Must admit I always thought it was the other way around that only a few countries has a registry where you could get such a documents, but have never looked into it so could be wrong.

[pushbrk 12,243]

3 hours ago, Boiler said:

UK

 

Must admit I always thought it was the other way around that only a few countries has a registry where you could get such a documents, but have never looked into it so could be wrong.

That may be correct for the UK.  I don't know.  However, getting a Filipina to the UK is about as difficult as getting her to the US, even as a visitor, and to apply for the visa in the UK, she would need a status better than visitor.  The issue here is not just getting married, but also to get the visa.  A US Consular Officer in London can still ask for a CENOMAR from the P. I. which she cannot produce.

[Boiler 43,755]

2 hours ago, pushbrk said:

That may be correct for the UK.  I don't know.  However, getting a Filipina to the UK is about as difficult as getting her to the US, even as a visitor, and to apply for the visa in the UK, she would need a status better than visitor.  The issue here is not just getting married, but also to get the visa.  A US Consular Officer in London can still ask for a CENOMAR from the P. I. which she cannot produce.

I have never heard of a CENOMAR being asked for and would think for someone applying in the UK it would not be relevant.

[pushbrk 12,243]

16 hours ago, Boiler said:

I have never heard of a CENOMAR being asked for and would think for someone applying in the UK it would not be relevant.

She is not just "someone".  She's a Philippine citizen.  You ignored the first thing she has to get past in any country, which is to have more than visitor status.  Ironically, one of the rare exceptions is a Non Filipino "visitor" to the Philippines, being able to show 'resident' status in the Philippines.  If you can show a Utility bill in your name in the Philippines, you can do DCF as a USC or apply for a visa as a Non USC.