possiblity of getting denied of k1 visa???

[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.

Even if she has since remarried?

The I-864 obligation expires after 40 credited quarters of work, the person sponsored leaves the US and is no longer a lawful permanent resident, or becomes a USC. (from I-864 instructions, page 3)

If the person remarries and the new spouse (or someone else) files an affidavit of support then perhaps the first sponsor is relieved of responsibility. But I do not know the answer to that.

[pushbrk 13,128]

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?

The I-864 obligation expires after 40 credited quarters of work, the person sponsored leaves the US and is no longer a lawful permanent resident, or becomes a USC. (from I-864 instructions, page 3)

If the person remarries and the new spouse (or someone else) files an affidavit of support then perhaps the first sponsor is relieved of responsibility. But I do not know the answer to that.

The opening post indicated the couple divorced before any AOS interview, so the I-864 would be moot.

The issue here is not who filled out the I-129F but whether the petitioner signed and submitted a document containing a material misrepresentation. I don't have an opinion on whether answering "no" to this question would be considered material and none of us currently knows how the question was answered on the form actually signed and submitted.

Until that can be determined, this is nothing more than another example of how important it is to read carefully, interpret literally and answer accurately and honestly.

[lucyrich 20]

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?

The I-864 obligation expires after 40 credited quarters of work, the person sponsored leaves the US and is no longer a lawful permanent resident, or becomes a USC. (from I-864 instructions, page 3)

If the person remarries and the new spouse (or someone else) files an affidavit of support then perhaps the first sponsor is relieved of responsibility. But I do not know the answer to that.

No, remarriage isn't one of the terminating conditions of the I-864 (nor is divorce). You've listed all of the terminating conditions, except you didn't list the death of the sponsor or the death of the immigrant. Filing a new affidavit isn't one of the terminating conditions for an older affidavit.

But as has been pointed out, if the divorce happened before AOS, there probably was never an I-864 in effect.

Anyway, back to the original question. This guy committed marriage fraud. If it's discovered, he's facing a $250,000 fine and/or five years in prison. See the notice just above the signature line of the I-130, for example.

They will know he filed paperwork before. They may not yet know that the earlier relationship was fraudulent. But if they look up her status, they may find she entered, failed to adjust status, and never left the country, which will certainly raise some questions for them to follow up on.

There's definitely a prohibition on past alien fraudsters ever re-entering the country, under any circumstances. I don't believe there's a specific corresponding prohibition on past USC marriage fraudsters bringing in future aliens in a bona fide relationship, but it would have to make the proof of bona fide relationship much, much harder. And remember that in immigration matters, the immigrant has the burden of proof.

If he failed to note the earlier relationship, that might lead to a finding of misrepresentation, which could damage the current process severely.

[lucyrich 20]

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.

This doesn't make sense. They don't grant a green card before an interview. If she got her green card based on AOS based on her marriage to him, the USCIS must have interviewed the two of them. If they divorced before the interview, she would not have been eligible to adjust status based on that marriage.

Maybe she adjusted status based on her second marriage? Maybe they divorced before the removal of conditions, but not before the AOS interview? I'm confused about what happened here.

[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.

Even if she has since remarried?

The I-864 obligation expires after 40 credited quarters of work, the person sponsored leaves the US and is no longer a lawful permanent resident, or becomes a USC. (from I-864 instructions, page 3)

If the person remarries and the new spouse (or someone else) files an affidavit of support then perhaps the first sponsor is relieved of responsibility. But I do not know the answer to that.

The opening post indicated the couple divorced before any AOS interview, so the I-864 would be moot.

The issue here is not who filled out the I-129F but whether the petitioner signed and submitted a document containing a material misrepresentation. I don't have an opinion on whether answering "no" to this question would be considered material and none of us currently knows how the question was answered on the form actually signed and submitted.

Until that can be determined, this is nothing more than another example of how important it is to read carefully, interpret literally and answer accurately and honestly.

Doh! I needed to reread one more time. Sorry for the needless worry.

Pushbrk earns another point.

[pushbrk 13,128]

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?

The I-864 obligation expires after 40 credited quarters of work, the person sponsored leaves the US and is no longer a lawful permanent resident, or becomes a USC. (from I-864 instructions, page 3)

If the person remarries and the new spouse (or someone else) files an affidavit of support then perhaps the first sponsor is relieved of responsibility. But I do not know the answer to that.

The opening post indicated the couple divorced before any AOS interview, so the I-864 would be moot.

The issue here is not who filled out the I-129F but whether the petitioner signed and submitted a document containing a material misrepresentation. I don't have an opinion on whether answering "no" to this question would be considered material and none of us currently knows how the question was answered on the form actually signed and submitted.

Until that can be determined, this is nothing more than another example of how important it is to read carefully, interpret literally and answer accurately and honestly.

Doh! I needed to reread one more time. Sorry for the needless worry.

Pushbrk earns another point.

No, take the point away. She later says the woman received a green card but that they lost contact before the interview. I wish she'd get the story straight. Nevertheless we can't give a reliable answer without the actual facts.