Very complex case

[Fishguy 1]

If his father has left the country for 3 years then he is no longer a permanent resident as he does not meet the requirements for time spent in the country, which means your fiance is no longer his financial sponsor.

Has his ex filed for citizenship? Once she has citizenship he is no longer her sponsor and free of the financial obligations that come with it.

Another visit is a good idea. Since you have not filed yet, you might consider trying to get a tourist visa to visit him in the US and stay for a month or so if it's financially possible. An extended visit adds to the legitimacy of your relationship and also lets you know each others quirks before you make the big step.

It is very important that you have evidence to prove a true relationship exists. People seem to think that this is made up of only the papers and documents you supply, but in my opinion there is more to it. Your behavior as a couple at your interview will also be taken into account by the agents. Whether you hold hands, talk, smile... basically legitimately look in love. It's something that is difficult to fake. Remember, there are cameras all over the waiting room and you are being watched. In the few times that I have been in the office I have seen couples in the waiting room sitting one or two seats apart and basically acting like each other don't exist. More often than not you hear these people talking about filing an appeal as they walk out after their interview.

[Darnell 8,478]

One thing that is not clear -

the ex came in on a K-3 - but - did she adjust status afterwords, to obtain a green card?

IF NO - then she's not gonna count on any affadavit of support document, as the I-134 is not legally binding.

If the Adjustment of Status paperwork was filed, resulting in a subsequent GREEN CARD, then an I-864 was filed - and THAT ONE will still be in effect for some time.

So, since Dad is out of the USA for 3 years, he's abandoned his permanent residency status - so that's a good thing - MINUS ONE in the headcount.

FIND OUT if the ex was issued a green card or no, soonish?

[cupidone 0]

One thing that is not clear -

the ex came in on a K-3 - but - did she adjust status afterwords, to obtain a green card?

IF NO - then she's not gonna count on any affadavit of support document, as the I-134 is not legally binding.

If the Adjustment of Status paperwork was filed, resulting in a subsequent GREEN CARD, then an I-864 was filed - and THAT ONE will still be in effect for some time.

So, since Dad is out of the USA for 3 years, he's abandoned his permanent residency status - so that's a good thing - MINUS ONE in the headcount.

FIND OUT if the ex was issued a green card or no, soonish?

Yes, she recieved her green card 2.5 years after the marriage I think.

[cupidone 0]

What do you think will happen if God forbid – we apply now for K1 and be denied – Can we go to CR1 procedure after marriage in her country. Is there any limit of the filled petitions no matter whether for K1 or K3 having in mind that he has already filled for K3 four years ago.

Too many question from my side I know … thank you all

[Darnell 8,478]

there is only a IMBRA count on I-129Fs - cannot file for 2 I-129Fs within 2 years.

As is, I sense he's fine. No need to file for any waiver, as it's been more than 2 years since he filed that I-129F for a K-3.

I may be missing something, though.

So, they filed the Adjustment of Status case - she received a greencard - that means he's to count her for any head count on the I-134 and/or I-864.

Good Luck !

[cupidone 0]

So, we finally decided to proceed with the K1 filing. Thank you all for the help. I really appreciate it.