Honduran finacee with tourist visa, plus bonus Ukrainian ex-wife question

[motoperpetuo 3]

I am a US citizen, engaged to a Honduran citizen. She has a US tourist visa and has been to the US twice to visit me in the last year. Would the best way for us to get married and eventually get her permanent residency in the US be to bring her to the US, get married, and then apply for a K-3 visa (or for an IR1/CR1, if we choose to go that route)? I'm not 100% clear on whether we need the K-3 (or IR1/CR1) since she already has permission to enter the US.

Also, my ex-wife is a Ukrainian citizen, and I sponsored her for a K-1 visa in 2006. We've been divorced since 2010. We're out of touch, but as far as I know, she hasn't remarried. Does anyone know if that affects the immirgration process? I've heard rumors that you're only allowed to sponsor for a spousal visa once every ten years.

I'm newly engaged and just starting this whole process, and I greatly appreciate any advice.

[NikLR 13,227]

~~moved to what visa do I need from IR1/CR1 process and procedures~~

No you are responsible for the I-864 with your ex until she either becomes a USC, leave the USA permanently, dies, or works 40 work quarters (approximately 10 years.) Unless you know she has done any of those things she will need be counted on your eventual I-864.

Your fiancée and yourself need to figure out what kind of visa you want. You have two options, the K1 and the CR1. Read this comparison guide. http://www.visajourney.com/content/compare%C2'>

[Ian H. 207]

If your fiance has a tourist visa, I would go with the CR1 process. You can get married here or elsewhere, it's up to you. She can visit while the process is pending, and when she gets her visa, she will enter as an LPR. You will have to file for ROC in 2 years, but you wouldn't have to do the AOS process.

There is no specified limit as to the spouses you can sponsor that I know of. They do have a time period for people who became LPR's through marriage, unless they can prove by clear and convincing evidence that the marriage wasn't for immigration purposes.

Also you may want to find out with your ex wife if she became a USC, that way you know for sure if you have to include her in your household size.

[motoperpetuo 3]

Thank you very, very much for your responses. Sorry it's taken me so long to respond. I'm incredibly busy with many things, as you can probably imagine.

If either of you know, what would including my ex-wife on I-864 entail? Just the theoretical risk that if she were to go on welfare, the government could come after me for $$$, or something else? Last i heard, she is working, so i don't think she is likely to end up on welfare.

Thanks again for your generous help.

[Ian H. 207]

Well, listing her on your I-864 is to make sure you accurately calculate your household size. The possibility of you being sued for any welfare she receives definitely exists. Although if she has more than 5 years in LPR status, even if she were to go on welfare it's unlikely that they will sue you. Even though the AOS is valid until she has 40 credits (about 10 years) or when she becomes a USC, they typically let LPR's receive assistance after those five years. Some states, like here in NY, allow LPR's to qualify for certain programs before 5 years as an LPR, but they don't go after the sponsor. It's possible she may have become a USC since then, which is why you should find out. That way you know for sure and don't include her in your household size.

Thank you very, very much for your responses. Sorry it's taken me so long to respond. I'm incredibly busy with many things, as you can probably imagine.

If either of you know, what would including my ex-wife on I-864 entail? Just the theoretical risk that if she were to go on welfare, the government could come after me for $$$, or something else? Last i heard, she is working, so i don't think she is likely to end up on welfare.

Thanks again for your generous help.

Edited August 13, 2014 by Ian H.