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Requirements say to (1) submit a marriage certificate if applicable; and (2) a proof of termination of a previous prior marriage if applicable.

Both of these apply to my situation. My girlfriend married in the Philippines. Since there is no divorce there (only annulment) we went to the United States as tourists for her to get a divorce and get married ourselves.

Now coming back to the Philippines, in filling up my application for an H-1B visa, I'm marking our applications as married.

(1) Would it cause a raise of an eyebrow if I provide a U.S. divorce decree for my girlfriend's application and our U.S. marriage certificates even though we are Philippine nationals?

(2) Will it matter that she is still married in the eyes of Philippine law?

(3) We went to the U.S. as tourists and got married there. Do you think this will cause an issue in the H-1B application since in ourselves we are not committing fraud, we love each other, have been together for six years and have a son together?

She didn't have any relationship with the previous husband since day one and he hasn't supported her or their daughter ever since.

closed as off-topic by pnuts, Ali Awan, Michael Hampton, Giorgio, mts Jan 7 '17 at 8:18

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    Thanks, I'll try to move it there when I can. I can only post once every 40 minutes and cannot delete this one. – hopeful Jan 7 '17 at 3:37
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    @pnuts since the H1B interview will take place in the Philippines, might that not be an issue that could be raised, not for OP but in trying to obtain H4 visa for 'spouse?' – Giorgio Jan 7 '17 at 18:21