possiblity of getting denied of k1 visa???

[soontobemarried 0]

my fiance was once married to a woman on a tourist visa 5yrs ago. it was definitely for immigration purpose. they divorced before the interview was given. she never went back home to her country after the marriage. now we are filing for K1. will this fact affect our application and maybe denied?

[Marty J 0]

Unless he was convicted of immigration fraud, I don't see how it could make any difference.

I'm willing to be corrected on that however.

[soontobemarried 0]

he never was convicted of immigration fraud.

he told me about that issue before he ask me to marry him. i never thought of it as a problem until this morning.so i tried to search on the internet any information regarding this problem.

he doesnt know either what happen with the AOS that they applied before.

the woman received her greencard but then even before the interview they lost contact and the woman filed for divorced and the woman is now married to another guy.

so both of us are clueless with this matter.

i just hope that it wont affect our case or will be brought up in the interview coz i dont know what to answer.

our relationship is bonafide. we have lots of proofs to show them. i was so sure about getting the visa until this morning when it came across my mind.

[YuAndDan 153]

This wont be an issue, HOWEVER, the Prior I-130 needs to be noted where forms ask about prior petitions filed.

[soontobemarried 0]

can you tell me in which forms are this question being asked?

should i be the one to answer that question or is it my fiance?

[Marty J 0]

he never was convicted of immigration fraud.

he told me about that issue before he ask me to marry him. i never thought of it as a problem until this morning.so i tried to search on the internet any information regarding this problem.

he doesnt know either what happen with the AOS that they applied before.

the woman received her greencard but then even before the interview they lost contact and the woman filed for divorced and the woman is now married to another guy.

so both of us are clueless with this matter.

i just hope that it wont affect our case or will be brought up in the interview coz i dont know what to answer.

our relationship is bonafide. we have lots of proofs to show them. i was so sure about getting the visa until this morning when it came across my mind.

He's never applied for a K-1 for anyone before, so I don't see why any previous marriages should have any bearing on your case.

If you're really concerned, 30 minutes with an immigration lawyer might be money well spent.

Edited March 20, 2009 by Marty J

[YuAndDan 153]

He's never applied for a K-1 for anyone before, so I don't see why any previous marriages should have any bearing on your case.

If you're really concerned, 30 minutes with an immigration lawyer might be money well spent.

Mabey not a K-1, but he had to file an I-130 for a spousal visa along with I-485 to adjust status. The I-130 needs to be noted on the I-129F petition.

I-129F Part 1 Question #11 Have you ever filed for this or any other alien fiancé(e) or husband/wife before?

[Marty J 0]

Mabey not a K-1, but he had to file an I-130 for a spousal visa along with I-485 to adjust status. The I-130 needs to be noted on the I-129F petition.

I-129F Part 1 Question #11 Have you ever filed for this or any other alien fiancé(e) or husband/wife before?

Absolutely.

[soontobemarried 0]

now i feel troubled.it was me who answered those forms in packet 1 first but then we decided to hire a lawyer so i dont know if the lawyer used the one i made or she changed it. i cant remember if i answered that question with yes or no.i dont have a copy of the I129F.

[Marty J 0]

From what you're saying, as far as anyone else is concerned, he got married and then got divorced. No big deal, it happens.

But why would you answer "no" to that question?

Edited March 20, 2009 by Marty J

[YuAndDan 153]

now i feel troubled.it was me who answered those forms in packet 1 first but then we decided to hire a lawyer so i dont know if the lawyer used the one i made or she changed it. i cant remember if i answered that question with yes or no.i dont have a copy of the I129F.

Any lawyer worth spit should have a complete copy of the file submitted.

[soontobemarried 0]

im not yet familiar with immigration processes when i was answering that question and i didnt consider the marriage as same as we are doin now coz she was there in the usa when they got married. and i know i was wrong but it didnt occur to me that the answer should be yes.stupid but yes. i screwed up in case the lawyer did not changed it.

my fiance said that he told the lawyer about that marriage. i dont know if he was telling the truth coz he doesnt really wanna talk about the stupid thing that he did. i dont trust the lawyer either coz she just made the whole process longer and everytime i ask her questions she doesnt know what to tell me.

the option i have right now is to call the lawyer and ask for a copy of the packet 1.

[Marty J 0]

You should get yourself a copy of the I-129F, but in the meantime you can call and ask them what they answered for question 11.

If they didn't enter the previous marriage, then someone has to get in touch with the USCIS and let them know there was an error on the petition.

[Anh map 2,098]

I assume that he filed an I-864 for his ex when her status was adjusted. If it was 5 years ago that will most likely still be in effect and will impact your I-134 and I-184. The ex will have to be included in the household size when calculating needed income.

[Marty J 0]

I assume that he filed an I-864 for his ex when her status was adjusted. If it was 5 years ago that will most likely still be in effect and will impact your I-134 and I-184. The ex will have to be included in the household size when calculating needed income.

Even if she has since remarried?