Already sponsored one green card..problems for second?

[frankandemily 0]

Ok, I will make a long story short. When I was 23 I married a foreign girl. We were both waiters at the time. I was in college and she was in the US illegally. We had a good 2.5 years, but shortly after she got her green card she caught me cheating with her friend (I know I was a #######..no need for preaching). Needless to say, she filed for divorce. While I was married to her, I had a friend (female) in a different country (not the same as my ex-wife). Shortly after filing for divorce, I went to that country. Things happened with that friend and after the divorce was finalized, we got married my now-wife's country.

Now I am in the process of applying to Masters degree programs back in the States (matriculating august 2008) and when I go back I want to bring my wife. We are going to go through the K-3 process. About our case...I have been living in her country with her for the past year. I am 27 and she is 24..not some unbelievable situation like a 60 year old and a 20 year old.

What I am wondering is if the experience with the first wife is going to affect the K-3 process with my current wife. Does it matter that I sponsored someone already? Does anyone have experience with this sort of thing?

Edited June 28, 2007 by frankandemily

[Reba 2]

has your ex-wife applied for citizenship yet? AFAIK, if she has not yet a citizen, and if she is still living permanently in the US, then you are still responsible for her according to the I-865 affidavit of support for 10 years. Divorced or not. So your income will have to be sufficient to provide for not just your new wife, but your ex-wife as well and yourself.

Also, according to the affidavit of support, you as the sponsor are required to notify USCIS whenever you move residence. Did you notify them of your address change when you left the country?

[frankandemily 0]

has your ex-wife applied for citizenship yet? AFAIK, if she has not yet a citizen, and if she is still living permanently in the US, then you are still responsible for her according to the I-865 affidavit of support for 10 years. Divorced or not. So your income will have to be sufficient to provide for not just your new wife, but your ex-wife as well and yourself.

Also, according to the affidavit of support, you as the sponsor are required to notify USCIS whenever you move residence. Did you notify them of your address change when you left the country?

Well, we had a 3rd person do the affidavit of support. I'm not clear on the details (her lawyer took care of things), but as I was in college, my income wasn't enough to "support" us (by government standards), so we had one of her friends do the affidavit. My income wasn't sufficient when we first started, so I am still responsible now? I would think that the 3rd party would be responsible if anything.

Edited June 28, 2007 by frankandemily

[Yodrak 7]

frankandemily,

It does not matter that this is your 2nd time around with an alien wife.

You do remain obligated as the sponsor for your first wife until one of the events that terminates the obligation takes place, and divorce is not one of those events.

Yodrak

Ok, I will make a long story short. When I was 23 I married a foreign girl. We were both waiters at the time. I was in college and she was in the US illegally. We had a good 2.5 years, but shortly after she got her green card she caught me cheating with her friend (I know I was a #######..no need for preaching). Needless to say, she filed for divorce. While I was married to her, I had a friend (female) in a different country (not the same as my ex-wife). Shortly after filing for divorce, I went to that country. Things happened with that friend and after the divorce was finalized, we got married my now-wife's country.

Now I am in the process of applying to Masters degree programs back in the States (matriculating august 2008) and when I go back I want to bring my wife. We are going to go through the K-3 process. About our case...I have been living in her country with her for the past year. I am 27 and she is 24..not some unbelievable situation like a 60 year old and a 20 year old.

What I am wondering is if the experience with the first wife is going to affect the K-3 process with my current wife. Does it matter that I sponsored someone already? Does anyone have experience with this sort of thing?

[pushbrk 12,569]

Since you have time, and aren't in the US, I wouldn't go the K3 route. I would file an I-130 for an immigrant visa for your wife and do it directly at a Consulate in the country you now live. See the guides for details on DCF filing.

The original joint sponsor is a back-up to you for any support. Since you are still obligated, you'll need to have enough income to qualify for both immigrants or find another joint sponsor. Multiple petitions are really only a problem for fiance visas.

frankandemily,

It does not matter that this is your 2nd time around with an alien wife.

You do remain obligated as the sponsor for your first wife until one of the events that terminates the obligation takes place, and divorce is not one of those events.

Yodrak

Ok, I will make a long story short. When I was 23 I married a foreign girl. We were both waiters at the time. I was in college and she was in the US illegally. We had a good 2.5 years, but shortly after she got her green card she caught me cheating with her friend (I know I was a #######..no need for preaching). Needless to say, she filed for divorce. While I was married to her, I had a friend (female) in a different country (not the same as my ex-wife). Shortly after filing for divorce, I went to that country. Things happened with that friend and after the divorce was finalized, we got married my now-wife's country.

Now I am in the process of applying to Masters degree programs back in the States (matriculating august 2008) and when I go back I want to bring my wife. We are going to go through the K-3 process. About our case...I have been living in her country with her for the past year. I am 27 and she is 24..not some unbelievable situation like a 60 year old and a 20 year old.

What I am wondering is if the experience with the first wife is going to affect the K-3 process with my current wife. Does it matter that I sponsored someone already? Does anyone have experience with this sort of thing?

[Magnolia31 0]

has your ex-wife applied for citizenship yet? AFAIK, if she has not yet a citizen, and if she is still living permanently in the US, then you are still responsible for her according to the I-865 affidavit of support for 10 years. Divorced or not. So your income will have to be sufficient to provide for not just your new wife, but your ex-wife as well and yourself.

Also, according to the affidavit of support, you as the sponsor are required to notify USCIS whenever you move residence. Did you notify them of your address change when you left the country?

Well, we had a 3rd person do the affidavit of support. I'm not clear on the details (her lawyer took care of things), but as I was in college, my income wasn't enough to "support" us (by government standards), so we had one of her friends do the affidavit. My income wasn't sufficient when we first started, so I am still responsible now? I would think that the 3rd party would be responsible if anything.

You let a lawyer handle everything without you having full knowledge of what was going on? LOL ... I hope you don't do that again.

[frankandemily 0]

Ok, since I will be responsible for the first wife, what does that mean? That my income has to be 125% over the poverty level for 3 people?

[Yodrak 7]

frankandemily,

That's what pushbrk wrote.

Yodrak

Ok, since I will be responsible for the first wife, what does that mean? That my income has to be 125% over the poverty level for 3 people?

[frankandemily 0]

Also, I didn't report to USCIS when I moved out of the country. I didn't know I had to. I will take care of that today. Is this going to be a huge problem?

[frankandemily 0]

frankandemily,

That's what pushbrk wrote.

Yodrak

Ok, since I will be responsible for the first wife, what does that mean? That my income has to be 125% over the poverty level for 3 people?

Ok, I just wanted to make sure that is what he meant. What if I get my parents to sponsor as well...does the overall income level have to be 125% of the poverty level for 5 people? (Myself, ex wife, current wife, mom, dad)

[pushbrk 12,569]

frankandemily,

That's what pushbrk wrote.

Yodrak

Ok, since I will be responsible for the first wife, what does that mean? That my income has to be 125% over the poverty level for 3 people?

Ok, I just wanted to make sure that is what he meant. What if I get my parents to sponsor as well...does the overall income level have to be 125% of the poverty level for 5 people? (Myself, ex wife, current wife, mom, dad)

A parent can be a joint sponsor but not both. The joint sponsor's income must cover the 125% of poverty level for the number in their household plus the number of immigrants they are sponsoring. Their income is not added to yours. It must stand on its own.

[Yodrak 7]

frankandemily,

When you return to the USA are you going to live with your parents? In other words, must one of them be a Joint Sponsor or can they be your Household Members?

Yodrak

Ok, I just wanted to make sure that is what he meant. What if I get my parents to sponsor as well...does the overall income level have to be 125% of the poverty level for 5 people? (Myself, ex wife, current wife, mom, dad)

[frankandemily 0]

frankandemily,

When you return to the USA are you going to live with your parents? In other words, must one of them be a Joint Sponsor or can they be your Household Members?

Yodrak

Ok, I just wanted to make sure that is what he meant. What if I get my parents to sponsor as well...does the overall income level have to be 125% of the poverty level for 5 people? (Myself, ex wife, current wife, mom, dad)

We are going to stay with my parents while I am completing my Masters degree, but I haven't lived with them since I was 18. They also don't claim me on their taxes, so I don't think I can count them as household members.

[payxibka 10,045]

Also, I didn't report to USCIS when I moved out of the country.

Where did you read that says you must do this?

[Yodrak 7]

fwaguy,

I-865, for one

Yodrak

Also, I didn't report to USCIS when I moved out of the country.

Where did you read that says you must do this?