Legal Question in Immigration Law in California

Where is she located?

No, you can't - UNLESS she gets a final divorce or annulment of marriage. If she lives in another country (not Philippines), she might be able to file and obtain divorce there. Otherwise, you can't petition for a woman married to another man and not yet divorced.

I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a confidential telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you.

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As a spouse or fiancee, you cannot petition for her as she is not free to be married apart from her current spouse. It is possible she might be able to qualify based on a different family or work relationship, but without looking closer at her facts, I can't know. A good place to start is an analysis of her resume and questions concerning her close relatives: parents and children.

For further information, feel free to contact me at [email protected] or 818 609 1953. The above is not legal advice, it is general information and doesn't form an attorney client relationship.

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist,

Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization