Very complex case

[cupidone 0]

This is my case which is very complicated.

My fiancé is us citizen. In 2006 he sponsored his father for a green card and he received it. In 2006 he married a girl in the USA doing the K3 application and they lived happily for two years then they separated as she was cheating on him. He did a huge mistake as he did not file for a divorce then. We met online May 2011 and have seen each other twice before he proposed me. In September – a month after we saw each other he filled for a divorce and last month he received his Divorce Decree. Once he was legally divorced he proposed me.

So in shortly: he has sponsored two people 1st his father and 2nd his ex-wife using K3 and now we are going through the K1 process.

My biggest concern is that this may be a huge reg flad – as we started dating while he was still “married”.

Is there a limit for the number of sponsorship – can the fact that we has already sponsored two people cause a future denial.

We have enough of evidence of a bona fide relationship – we really love each other and I want to be with him as soon as possible.

Thank you

[Andrea&Henry 311]

Hi,

Your case is complicated base on 2 facts: 1.- You met each other while he was still marry, 2.- he's till sponsor his dad and ex wife. If you read i-134 and i-864 instructions, it clearly says that your making a commitment with US goverment and you will take care of your alien relative (wife, fiance, son etc) and says that it only ends when this alien relative become in US citizaen or dies. That means, that he still have those commitments with US goverment. I don't know if there a max number for sponsorship. Maybe if his third sponsor were for child or a mother maybe, but a second wife, it's hard.

You can keep cheking the website or talk to a inmigrant lawyer. Find out how many sponsor he can have as US citizen. Remember that sponsor and household is not the same, so make that clear. Is his father living with him?

With the second one it's more complicated, I read SO many cases of people been denied cause they started dating while one of them was still marry. My advice would be: Try to have a lot of evidence that proof he wasn't living with his ex wife while you started dating. My case is a lil bit similar. My fiance got marry back 2003 and she left him on 2006. They never tried to repair their marriage. But he filled for divorce on November 2010 (4 years later) and got his divorce decree on January 2011. We met each other on June 2011. We met later, but if you see how closed was our date (relationship started) and he divorce decree it was only 6 month. I was scared but a lawyer told it wasn't big deal.

You may have your noa2 aproval but interview its different cause you have to xplain all this. I don't want you to be scared, I want u to be clear and started gathering all the proofs you need, and proof that he wasn't with (living, sharing) his ex wife when he met you. And no matter what happens, NEVER, EVER, lie about any of this, always be honest and say the truth. If get you a denial because you said the truth, you can ask for waiver or do something, but if you lie...forget about it.

I know it looks really hard but try to find an specialist who can advice you better than any of us in this site, and pray, pray a lot. If you guys are really in love with each other, and you are meant to be, you will be together somehow. God has the last word, always. No matter how bad it seems.

I wish you the best

God Bless u

[cupidone 0]

Thank you.

At this point I think that maybe the best thing to do will be to marry after a couple of months and then file for K3.

[Gary and Alla 3,694]

This is my case which is very complicated.

My fiancé is us citizen. In 2006 he sponsored his father for a green card and he received it. In 2006 he married a girl in the USA doing the K3 application and they lived happily for two years then they separated as she was cheating on him. He did a huge mistake as he did not file for a divorce then. We met online May 2011 and have seen each other twice before he proposed me. In September – a month after we saw each other he filled for a divorce and last month he received his Divorce Decree. Once he was legally divorced he proposed me.

So in shortly: he has sponsored two people 1st his father and 2nd his ex-wife using K3 and now we are going through the K1 process.

My biggest concern is that this may be a huge reg flad – as we started dating while he was still “married”.

Is there a limit for the number of sponsorship – can the fact that we has already sponsored two people cause a future denial.

We have enough of evidence of a bona fide relationship – we really love each other and I want to be with him as soon as possible.

Thank you

IF neither are US citizens and bith are still in the US as permanent residents, then they both count in his family size. There is no limit on how many people he can sponsor except his income. If his income is sufficient, no problem. I know of several cases right here on VJ,similar to yours and they had no trouble, even a couple in very difficult consulates.

As far as the other particulars, yes they MAY be a red flag in some consulates, not in others. At any rate there is nothing you can do to change it. It is what it is. Prepare for any questions you may have at the interview with plenty of documentation.

Thank you.

At this point I think that maybe the best thing to do will be to marry after a couple of months and then file for K3.

Yes you can also do that but apply for a CR-1. Not a K-3.

[cupidone 0]

Thank you for the answers. His father is not living in the USA - he left three years ago. Which raise another question - shall he be included in the hausehold size? Or shall the househoul size include 1 my fiance 2 his ex-wife and 3 me

Edited February 18, 2012 by cupidone

[pushbrk 12,569]

Thank you for the answers. His father is not living in the USA - he left three years ago. Which raise another question - shall he be included in the hausehold size? Or shall the househoul size include 1 my fiance 2 his ex-wife and 3 me

If the father left three years ago, he doesn't count in the household size. We don't have enough information to answer his current household size but yes, the ex-wife counts. It would be helpful if you at least mentioned the country his father, ex-wife, and you are coming from. It makes a difference on how sponsoring multiple spouses would be viewed in the visa process, as well as how much impact your relationship starting while he was still married will have on the process.

[cupidone 0]

If the father left three years ago, he doesn't count in the household size. We don't have enough information to answer his current household size but yes, the ex-wife counts. It would be helpful if you at least mentioned the country his father, ex-wife, and you are coming from. It makes a difference on how sponsoring multiple spouses would be viewed in the visa process, as well as how much impact your relationship starting while he was still married will have on the process.

Thank you. My fiance has double citizenship. Ex-wife is from China, his father - Bulgaria and me also Bulgaria, Europe.

[pushbrk 12,569]

Thank you. My fiance has double citizenship. Ex-wife is from China, his father - Bulgaria and me also Bulgaria, Europe.

Your husband has both Bulgarian and US Citizenship then? How did he become acquainted with you?

[cupidone 0]

Your husband has both Bulgarian and US Citizenship then? How did he become acquainted with you?

We won a green card 12 years ago

[cupidone 0]

He worked with my best friend in the usa - we met here in Bulgaria as he had to give me something from her. Then we started chatting online and then met for a second time abroad and spend another week together.

[pushbrk 12,569]

We won a green card 12 years ago

We? If you didn't know each other before your meeting as described, I don't see that as an additional red flag. To understand how complicated the case really is, one must understand the totality of circumstances. Is the petition already filed?

[cupidone 0]

We? If you didn't know each other before your meeting as described, I don't see that as an additional red flag. To understand how complicated the case really is, one must understand the totality of circumstances. Is the petition already filed?

I am sorry - He won a green card - mistake from my side.

We still haven't filled the petition - We want to understand what will be the best option for us K1 or CR1.

Edited February 18, 2012 by cupidone

[pushbrk 12,569]

I am sorry - He won a green card - mistake from my side.

We still haven't filled the petition - We want to understand what will be the best option for us K1 or CR1.

If it's practical to schedule another visit sometime soon and arrange to get married, your chances of success would be better and you would probably see less scrutiny of your relationship. CR1 costs less but that goes out the window with another trip abroad. However, with a CR1, the foreigner is immediately authorized to work upon entering the USA. K1 visa holders need to first marry, file more papers and then wait about three months before they have work authorization or are able to get back in the USA without starting over again, should they need to leave for any reason.

[cupidone 0]

If it's practical to schedule another visit sometime soon and arrange to get married, your chances of success would be better and you would probably see less scrutiny of your relationship. CR1 costs less but that goes out the window with another trip abroad. However, with a CR1, the foreigner is immediately authorized to work upon entering the USA. K1 visa holders need to first marry, file more papers and then wait about three months before they have work authorization or are able to get back in the USA without starting over again, should they need to leave for any reason.

Pushbrk - I have no words to express how much I appreciate your help !!! Thank you so much !!!

[bigdog 376]

Pushbrk is right on like usual.