can i entented to apply for a fiancee visa even i am married to another man?

krizzy: can i entented to apply for a fiancee visa even i am married to another man?
i am a Filipino woman and married to a Filipino man for almost 5 years and we have a one 4 year old son, we are separated to my pinoy husband for a year already and now i have an Australian fiancee. hes planning to bring me to his country but we are running into a big problem because i am married already. What can we do? we are eager to be with us together as soon as possible or as possible this year.

Answers and Views:

Answer by Vivianne
You will need to get divorced first. Then you may apply for a fiancee visa. Or he could just apply for a visa * alone * A tourist type of visa and wait until u get divorced to legally live in the US.

Answer by perinsesu
first of all… you need to get a divorce. there is nothing you or him can do because you are legally tied to somebody else.

Answer by Ozmaniac
Unless you obtain a divorce or have your marriage annulled, your only option is to live together for at least 12 months and then apply for a spouse visa as a de facto spouse. No other option is available while you are still legally married to your Filipino husband.

Answer by Sidwell
you get a divorce or an anullment
I dont not think you can get an annullment since you DO HAVE A KID.
So divorce it is. That IS what you HAVE TO DO.

if you are still married to the first spouse. you will NOT be permitted to immigrate to get married again. Which means you STAY in Manila.

Also if you want to take your kid to australia you MUST GET SOLE CUSTODY of the child – you must have the father GIVE UP ALL his parental rights to the child. Otherwise the kid cannot go with you.

Answer by lynshehua_99
you are filipino, there is no “DIVORCE” in philippine laws. what u need to do is file first for annulment and have the marriage declared null and void. it is only then that ur fiance can apply a fiance visa for u in AUS, your child however can’t go wit you once u were issued the fiance visa, he’ll have to stay in PI and wait until u get married to ur AUS fiance. once u get married to ur fiance, it is only then that u can “adopt” ur son from ur previous marriage. he is considered as an adoptee as he is not actually ur “new” husband’s kid so ur marriage wit this guy is a “new” union. further questions, just email.