K-1 Question - Related to I-864

[sym32one 2]

This is a K-1 question by nature so please don't move it to the "Family Based forum".

Here's the deal...

In 2001 I signed a I-864 for my current wife, we are now divorced, she is a Permanent Resident. She gained this status by me petitioning for her (she was here illegally), and paying a fine. This may sound odd but there was a law passed and a "window" opened for people in or situation in 2000.

She lives on her own, we have one child together, she has two others. She gets Food Stamps, Health care, yada. yada, yada. Technically speaking with the I-864 I am legally obligated to support her until she works 40 quarters or becomes a citizen (she has worked 25 and has no desire to become a citizen. One of the provisions is that I would be responsible for certain gov. benefits, i.e. pay them back.

I am not necessarily worried about the gov. coming after me for the I-864 because there is no trigger really for that.

Here's my question...

I have a Mexican Fiancee, I want petition a K-1 Visa for her and her daughter, marry her, yada yada. Obviously I have to put my x wife's alien number, name, and status on the K-1 paperwork, I also have to put her on the I-864 as me supporting her.

I am fairly certain that my fiancee will have no issue coming into the country, I make decent money, we meet the criteria. Will this come up in the Adjustment of Status interview? How could this negatively affect me? Also, what type of issues could this bring down on my x wife? she has been arrested a few times for small offenses and I really don't want to get her wrapped up in a bunch of problems.

I feel that as long as I don't petition for another person "everything will be OK", but I love my fiancee... what to do???

Please Advise.

Thanks

[payxibka 10,045]

This is a K-1 question by nature so please don't move it to the "Family Based forum".

Here's the deal...

In 2001 I signed a I-864 for my current wife, we are now divorced, she is a Permanent Resident. She gained this status by me petitioning for her (she was here illegally), and paying a fine. This may sound odd but there was a law passed and a "window" opened for people in or situation in 2000.

She lives on her own, we have one child together, she has two others. She gets Food Stamps, Health care, yada. yada, yada. Technically speaking with the I-864 I am legally obligated to support her until she works 40 quarters or becomes a citizen (she has worked 25 and has no desire to become a citizen. One of the provisions is that I would be responsible for certain gov. benefits, i.e. pay them back.

I am not necessarily worried about the gov. coming after me for the I-864 because there is no trigger really for that.

Here's my question...

I have a Mexican Fiancee, I want petition a K-1 Visa for her and her daughter, marry her, yada yada. Obviously I have to put my x wife's alien number, name, and status on the K-1 paperwork, I also have to put her on the I-864 as me supporting her.

I am fairly certain that my fiancee will have no issue coming into the country, I make decent money, we meet the criteria. Will this come up in the Adjustment of Status interview? How could this negatively affect me? Also, what type of issues could this bring down on my x wife? she has been arrested a few times for small offenses and I really don't want to get her wrapped up in a bunch of problems.

I feel that as long as I don't petition for another person "everything will be OK", but I love my fiancee... what to do???

Please Advise.

Thanks

If your income supports your current family plus all sponsored aliens it should really not be a problem. The I-134 Affidavit (which is not even required at CDJ) is typically much less an issue than the I-864 for her adjustment of status when that time comes.

FWIW, IMO your situation is not as much K-1 related as it is adjustment of status related. I will leave it here even though I believe it belong belongs in another forum

Edited March 18, 2010 by payxibka