I have not filed a I-130 for my current husband.

I have not filed a I-130 for my current husband.

Maggie, then you need to obtain a divorce, remarry your current partner, and then file the I-130. Talk to an immigration attorney to help guide you through the process.

Ok, How can we get re-married if we do not get a divorce?

If you were married to your 1st husband still and then married your current partner, this marriage is void. It was never legal or real, therefore, there is nothing to undo. If you want to be 100% certain, you may pay to get it annulled based on fraud, this way you can remarry your current partner without a problem.

I appreciate all your advice, time and help concerning this delicate matter.