New K-1 application

[GNAR 31]

I brought my fiancee and her children from India in 2006 to U.S.. We were seperated with in five months. At the time of seperation they had received the conditional green card. I filed for annulment and it was denied. It ended in divorce in May 2009. . They are still in U.S. I donot know if they have permanent visa and green card. the whole episode was time consuming, costly with lot of disappointment and hearache

Now I have found a lady friend in Indonesia and planning to bring her to U.S. I am wondering if my new fiancee application will be denied because of what happened before.

Any of you in the forum have had similar experiances. I am seeking your advice.

[HeatDeath 430]

The only statutory limits on K-1 applications are A ) no more than 1 in a two year period, and B ) no more then 2 per lifetime. Even these limits are not set in stone - they can be, and apparently usually are, waived if you request a waiver in your I-129F cover letter.

It sounds like neither apply to you anyways. Your last K-1 was more than 2 years ago and it sounds like this is only your second. So there should be no procedural or legal obstacles.

You can expect, however, that the consulate will ask your fiancee about her knowledge of the previous marriage and the circumstances of its failure. This is more for her protection than anything else. Make sure your fiancee is fully and honestly briefed on the previous marriage and the circumstances of its failure, and the possibility that the consulate will ask her about it, and everything should be fine.

[GNAR 31]

My fiancee has two children under 21. If she decides to bring them, will it complicate the process?

[JimVaPhuong 4,863]

My fiancee has two children under 21. If she decides to bring them, will it complicate the process?

Your last K1 was approved more than two years ago. Presuming that was your only K visa petition, then you can submit one more before the IMBRA filing limitations will apply to you.

If the kids are under 18 then they will need a quit claim from their father allowing them to immigrate to the US. They are eligible to get a K2 visa right up until their 21st birthday, but they are required to complete AOS and have their green cards approved before they are 21. The Child Status Protection Act does not protect K2 visa holders from "aging out" while their AOS petition is pending. If their green card petitions aren't approved before they turn 21 then they'll have to return to Indonesia. At that point, your wife could petition for them, but it would take several years.

You have already sponsored immigrants to the US. If they are still in the US, and still have legal status, then your affidavits of support are still in effect. Your ex-wife and her kids will be counted in your household size in determining your eligibility to sponsor your fiancee and her kids. For example, if your ex-wife had two kids, and your new fiancee has two kids, and you don't have any other dependents, then your household size is 7. You'll need an annual income in excess of $41,587 in order to qualify as a sponsor.

You can expect your petition will get some extra scrutiny at USCIS, but the prior petition by itself is not grounds to deny the petition. You can also expect your fiancee to be questioned about your previous wife. Depending on how tough the consulate wants to get about this, they might grill her extensively about it. If your income barely qualifies to sponsor, or you end up needing a co-sponsor, they may barbecue her at the interview. What they'll be looking for is evidence that you might be benefiting monetarily by acting as an immigration portal for these women. I'm not judging you personally, but just warning you that the consulate might suspect it, and might act accordingly. Make sure you have solid evidence of a bona fide relationship for your fiancee to bring to the interview.

[GNAR 31]

My fiancee is a widow and has two children under 20years. I understand my exwife and her children are in U.S. and I do not know their immigration status. I did not sign any papers recommending their permanent green card waiver.

So far as affidavit of support is concerned, I do not have any problem, I am a practicing physician and has sufficient income. I may even go to Indonesia for the Interview.

Is it better to marry in Indonesia and submit the application there or bring her here and then marry?

Thanks for help