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

[baron555 934]

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

The K-1 uses the 134 form not the 864 form. The 864 form is used for AOS later on.

[sym32one 2]

The K-1 uses the 134 form not the 864 form. The 864 form is used for AOS later on.

understood.... thanks! I just want know what will happen at that point (not be in to deep you know?)

understood.... thanks! I just want know what will happen at that point (not be in to deep you know?)

[Ladylethal 12]

I think the I-864 has a question where you write other people you've submitted an affidavit for? Maybe you'll have to meet the requirements for the new AND the old affidavit added together? It could come up, especially if your ex is now using means tested benefits (like the food stamps and such).

I can't recall having seen such a case here on VJ, maybe somebody else can help out with that, but you might wanna consider asking an immigration attorney (a good one) about this issue.