Las Vegas, NV asked in Immigration Law for Nevada

Q: Can I petition someone as fiance if they still married in another country?

I’m trying to get my fiance in the US. She tried tourist visa so many times but keep getting denied. She still married to her Previous husband. She applied for Annulment waited for 2 years and still get denied. We don’t know what other options we can do. We been together for 6 years now. All I can do is visit her yearly. I was thinkig if I can petition her as fiance? Will her married in other country ( Philippines ) will recognize US immigration?

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2 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: The FORM I-129F can not be filed on behalf of your fiancée if she is legally married to another person.

A lawful marriage in the Philippines will be recognized in the U.S. Hence your fiancée must first divorce before you can file the FORM I-129F.

Kevin L Dixler agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: I agree with Mr. Vega. In addition, she is disqualified from getting a B1/B2 visitor visa unless she can overcome the legal presumption of immigrant intent. The fact that you intend to marry her confirms that she is disqualified from a B1/B2 visa.

She can even be charged with misrepresentation, if she persists with any lies, which is a serious and indefinite disqualification to lawful immigration, itself.

As a result, I strongly recommend a teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck.

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