K1 for fiance

[kjt3508 0]

Hi. I have a unique situation. I am a native to the USA. My ex husband is from Ghana. He came here on a B1/B2 visa and we met while living in the same area. We married in July of 2011 but the marriage didn't work out so we separated in 2013 and I filed for divorce and it was finalized in Nov of last year. His conditional green card expired in March and I'm not sure of his status as of now since we are divorced.

I am currently engaged to a man from Nigeria. We have been talking for some time and I visited for two weeks in May. I plan to visit again first of 2016 and then file for his K1. However, I'm not sure of the status of my ex husband will affect our K1 visa. Does anyone know if it will matter?

[JDWright 30]

Once decree absolute is given then the marriage is void, you are free to apply for a K1 for another and marry again. If it will affect the K1, the only things I can see going wrong are that it will be scrutinised with a fine toothed comb due to prior (that is a maybe). For certain however, if you were the sole supporter on the i864, and he is still in the US you are still bound to support him as a resident alien so he will be included in your family size when your new fiance reaches the consular stage.

"How Long Does My Obligation as a Sponsor Continue?
Your obligation to support the immigrants you are sponsoring in this affidavit of support will continue until the sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States. Although 40 qualifying quarters of work (credits) generally equates to 10 years of work, in certain cases the work of a spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to count qualifying quarters (credits) of work. Form I-864 Instructions 07/02/15 N Page 13 of 16 The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful permanent resident. Divorce does not end the sponsorship obligation."

http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

Edited September 1, 2015 by JDWright

[aaron2020 11,651]

Hi. I have a unique situation. I am a native to the USA. My ex husband is from Ghana. He came here on a B1/B2 visa and we met while living in the same area. We married in July of 2011 but the marriage didn't work out so we separated in 2013 and I filed for divorce and it was finalized in Nov of last year. His conditional green card expired in March and I'm not sure of his status as of now since we are divorced.

I am currently engaged to a man from Nigeria. We have been talking for some time and I visited for two weeks in May. I plan to visit again first of 2016 and then file for his K1. However, I'm not sure of the status of my ex husband will affect our K1 visa. Does anyone know if it will matter?

Hi,

If your ex-husband is still an LPR, then you need to include him in your household count on the Affidavit of Supports.

You will also need to include a copy of your divorce decree with the K-1 application.

Best of luck