Divorce with current k1 sponsor before AOS, found new love - questions!

[BastillaShan 30]

3 hours ago, Suss&Camm said:

As opposed to being annulled, it means that the marriage was legally recognized and presumably consummated. I believe that's what they're getting at.

Perhaps I'm just confusing "legit" with "legal" .  Presumably USCIS would have the same quandary given the circumstances.

[CodieM 2]

I have to prove the marriage was bonafide for the Matter of Sesay case to apply. The affadavt of support can be pulled however I need another sponsor which I had two to begin with so I’m all good in that aspect 

[geowrian 22,337]

7 minutes ago, CodieM said:

The affadavt of support can be pulled however I need another sponsor which I had two to begin with so I’m all good in that aspect 

Even if you find another sponsor, the original K-1 petitioner must provide (and not withdraw) their I-864.

[Boiler 45,564]

There is only one Sponsor, there may be a joint sponsor in addition.

[CodieM 2]

Yes there has always been a joint sponsor but I can carry on without the k1 petitioner based on the fact that I have met my requirements as a k1 petitioner and got married within 90 days of arrival. Then now comes into play the matter of sesay which states: 

 

(4) A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and (d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time that the adjustment application is adjudicated, if the applicant can demonstrate that he or she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa petitioner.

 

source: 

 

 

[geowrian 22,337]

11 minutes ago, CodieM said:

Yes there has always been a joint sponsor but I can carry on without the k1 petitioner based on the fact that I have met my requirements as a k1 petitioner and got married within 90 days of arrival. Then now comes into play the matter of sesay which states: 

 

(4) A fiancé(e) visa holder may be granted adjustment of status under sections 245(a) and (d) of the Act, even if the marriage to the fiancé(e) visa petitioner does not exist at the time that the adjustment application is adjudicated, if the applicant can demonstrate that he or she entered into a bona fide marriage within the 90-day period to the fiancé(e) visa petitioner.

 

source: 

Matter of Sesay still requires the I-129F petitioner to provide (and not withdraw) an I-864. A joint sponsor can fulfill the financial requirement, but cannot replace the need for the petitioner to provide an I-864.

 

Source: USCIS (https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes from Previous Engagements/2012/March 2012/AILA_Field_Ops_32112_Cleared.pdf)

"A K-1 seeking adjustment must establish admissibility. 24 I&N Dec. at 441. As the Board held in Sesay, the K-1 adjusts as an immediate relative. For this reason, INA 212(a)(4)(C) clearly requires the alien to have an Affidavit of Support, Form I-864, completed by the original sponsor, i.e., the U.S. citizen who petitioned for the nonimmigrant K visa. The K-1’s eligibility for classification as an immediate relative has always been predicated on the Form I-129F. 25 I&N Dec. at 439. The affidavit of support rule reflects this practice, by treating the Form I-129F petitioner as the equivalent of an I-130 petitioner. 8 CFR 213.2(b)(1).

 

If the alien and the original sponsor are divorced, the K-1 may adjust so long as the original sponsor already executed a Form I-864 or is willing to do so. Divorce on its own does not end the I-864 obligation. If the original sponsor never executed a Form I-864, and is not willing to do so, the K-1 will

be inadmissible as a public charge.

 

Note that if the K-1’s marriage ends by death, it is likely that the K-1 would be able to adjust as the

widow(er) of the citizen petition. In that situation, no I-864 is required."

Edited December 7, 2017 by geowrian

[CodieM 2]

Yes I understand and I still do have the I-864 from the original sponsor. My attorney who has had many cases exactly like this (and won) has said I will have no problem proceeding the way we are due to the matter of sesay and that I have 2 x affidavits of supports. I will be sure to keep you all updated. 

[Going through 5,671]

57 minutes ago, CodieM said:

Yes I understand and I still do have the I-864 from the original sponsor. My attorney who has had many cases exactly like this (and won) has said I will have no problem proceeding the way we are due to the matter of sesay and that I have 2 x affidavits of supports. I will be sure to keep you all updated. 

Please keep us updated if you can---yours is one of the more interesting cases I've seen on VJ, and I'm curious as to how it will all turn out in the end.

[BastillaShan 30]

26 minutes ago, Going through said:

Please keep us updated if you can---yours is one of the more interesting cases I've seen on VJ, and I'm curious as to how it will all turn out in the end.

I've got to be honest,  I feel like OP has gotten some bad legal advice.  I'm curious as well.

[Dashinka 24,520]

On 10/12/2017 at 9:00 AM, CodieM said:

One said I’ll have to return home, no ifs buts maybes. 

 

The other one was the one that told me that once the divorce goes through I can petition with my new partner from here and not have to return home so long as my husband doesn’t withdraw my application as I will still Be “in status”. This was a sit down for a good hour and paid for. Very reputable attorney as well with over 130 reviews of 4.5 stars and specializes in the K1 visa. 

Just curious, how did you determine which attorney was correct?  Also you mentioned you talked to four attorneys, what did the other two say?  

 

One other question and i apoligize if this has been asked and answered already, I was only able to read about half of this thread so far, but I wanted to ask my question before I forgot it.  Did you ever confirm if your former spouse pulled their I864?

[CodieM 2]

30 minutes ago, Bill & Katya said:

Just curious, how did you determine which attorney was correct?  Also you mentioned you talked to four attorneys, what did the other two say?  

 

One other question and i apoligize if this has been asked and answered already, I was only able to read about half of this thread so far, but I wanted to ask my question before I forgot it.  Did you ever confirm if your former spouse pulled their I864?

Two attorneys said this same thing and then I did my research on each and chose the more reputable one. Previous spouse has not pulled the i864 nor has my cosponsor 

[Pennycat 880]

Any update to this? I am researching a similar case (not a lawyer here, or providing immigration advice to someone-- independent research for a related matter). 

[Boiler 45,564]

OP has not posted for 8 months, last one was about working illegally.

[Brandy0! 1]

On 10/10/2017 at 3:56 PM, Limey said:

So you spoke with an attorney to get good solid legal advice from a professional and then having received that advice you showed up here to ask some non-attorneys?

 

When taken together with the story told in the original post, I'm smelling a troll.

True, one thing I've noticed about this whole issue is, one needs to get their facts straight first before posting on here. Do your homework, do your research. I've learnt that the hard way.

[Ontarkie 14,234]

~~Year old thread locked to further replies. If the OP has an update she can ask for this thread to be reopened or start a new thread.~~