Second marriage - K1 visa

[ukstang 0]

I initially applied for a K1 Visa back in 2006 which was accepted, we got married and after two years we both decided to move back to Europe together, there after I surrendered my Green Card to the US Embassy. After a year and a half our marriage took a massive tumble, we regretably split up and got divorced.

Where I live there are many US visitors all year round and you can't help but meet them especially as I'm british and living outside of the USA it's always nice to meet native speakers.

To cut a long story short I met somebody a while back and we instantly clicked and have since fallen in love and wish to marry and move back to the US, my concern is that I have already married once via a K1 visa and am wondering if this could be a problem or seem strange to the USCIS when applying a second time?

Also does an Affidavit of Support sponsor's obligation cease after the issue of a Green Card? Where can I find detailed information on the obligation timeline for Affidavit of Support sponsors?

Thanks for any help in advance,

Andy

[Penguin_ie 5,993]

They will probably ask a few questions about the first marriage but considering you were married a while, and didn't get re-married right after divorce, I don't think it should be a major issue.

The affidavit of support lasts until one of the following occurs:

- beneficiary leaves the USA permanently (as you did first time around).

- beneficiary becomes a US citizen.

- Beneficiary or sponsor dies.

- beneficiary accrues 40 quarters of work (ten years if you work constantly).

[bigdog 376]

Here is some research I did, plus the affidavit is valid for 40 quarters. I find your post interesting, you did a prior K1 in 2006, now ask about how long an affidavit is support is valid?

Section 832 (D)(2)(A) of the IMBRA Act reads as follows:

Subparagraphs (B) and ©, a consular officer may not approve a petition under paragraph (1) unless the officer has verified that- ''(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

''(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition. (B) The Secretary of Homeland Security may, in the Secretary's discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver…." (Emphasis ours). Flaw in the Law.... a consular officer may not approve petitions! USCIS officers do!

(A) In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403 of the Personal Responsibiity and Work Opportunity Reconciliation Act of 1996) during any such period.

[ukstang 0]

They will probably ask a few questions about the first marriage but considering you were married a while, and didn't get re-married right after divorce, I don't think it should be a major issue.

The affidavit of support lasts until one of the following occurs:

- beneficiary leaves the USA permanently (as you did first time around).

- beneficiary becomes a US citizen.

- Beneficiary or sponsor dies.

- beneficiary accrues 40 quarters of work (ten years if you work constantly).

Thanks so much for that

Here is some research I did, plus the affidavit is valid for 40 quarters. I find your post interesting, you did a prior K1 in 2006, now ask about how long an affidavit is support is valid?

Section 832 (D)(2)(A) of the IMBRA Act reads as follows:

Subparagraphs (B) and ©, a consular officer may not approve a petition under paragraph (1) unless the officer has verified that- ''(i) the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

''(ii) if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition. (B) The Secretary of Homeland Security may, in the Secretary's discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver…." (Emphasis ours). Flaw in the Law.... a consular officer may not approve petitions! USCIS officers do!

(A) In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403 of the Personal Responsibiity and Work Opportunity Reconciliation Act of 1996) during any such period.

Hi thanks for your interest I think you're somewhat confused as to what I was asking, I wasn't questioning if the affidavit of support filed in my name in 2006 was still valid, I understand that, that ended when I surrendered my Green Card. And yes it's been more that two years since the application as stated in the document you so kindly posted. Or am I misunderstanding your point here?

Edited January 17, 2012 by ukstang

[ukstang 0]

Okay for anyone interested I have just found this explaining how many K1 visas can be filed in a life time and the min. time frame between the applications:

International Marriage Broker Regulation Act (IMBRA)

What is the International Marriage Broker Regulation Act, or “IMBRA” and what does it regulate? The International Marriage Broker Regulation Act is more commonly known as “IMBRA.” Under IMBRA Section 832, there is a limit to how many K-1 Fiancée Visas you are allowed to file. You can only file for two in your entire life and you cannot file two of them within 2 years of each other. If you want to file a third K-1 Fiancée Visa during your lifetime or if you want to file a second K-1 Fiancée Visa less than 24 months after the first one, you will need to file for a special immigration waiver. You will also need an IMBRA Section 832 waiver if you, the petitioning U.S. Citizen, have a criminal history that includes crimes of violence or drug/alcohol related convictions.

Edited January 19, 2012 by ukstang