Applied for K1 Visa...question about ex husband

[MarkandCharity 17]

I am not sure where to put this so I figured I would ask here and it can be moved if need be. 

I was married before. My ex husband was from Mexico. I got pregnant young, then got married. He was here in the United States illegally. So I filed to have my spouse be here legally. This was 12 years ago. We are now divorced and happy we aren't married but raising our kids here. 

My question is this....I just filed an I-129f for my fiance that lives in Canada. We love each other very much and he's the best man to me and my kids. Is it going to hurt us that my spouse before had me sponsoring him? My ex is now an US Citizen. I just am nervous they will deny my fiance and I because of my past with my ex. I hope I worded this all right.  

 

Thank you!

[Vetomo 69]

27 minutes ago, Markssoutherngirl said:

I am not sure where to put this so I figured I would ask here and it can be moved if need be. 

I was married before. My ex husband was from Mexico. I got pregnant young, then got married. He was here in the United States illegally. So I filed to have my spouse be here legally. This was 12 years ago. We are now divorced and happy we aren't married but raising our kids here. 

My question is this....I just filed an I-129f for my fiance that lives in Canada. We love each other very much and he's the best man to me and my kids. Is it going to hurt us that my spouse before had me sponsoring him? My ex is now an US Citizen. I just am nervous they will deny my fiance and I because of my past with my ex. I hope I worded this all right.  

 

Thank you!

So far you are not married to your ex,you guys only have kids,they can never denied your new husband,just go ahead ok

[MarkandCharity 17]

4 minutes ago, Vetomo said:

So far you are not married to your ex,you guys only have kids,they can never denied your new husband,just go ahead ok

No. We are no longer married. Thank you! I've just been thinking and me being the worrier/planner that I am it got me to wondering if they would deny.

[NikLR 13,232]

They don't care as long as you are fully divorced and as long as you meet the poverty guidelines.

 

Have you and your fiancee looked into both the CR1 and the K1?

~~moved to K1 process and procedures from IMBRA.~~

[MarkandCharity 17]

54 minutes ago, NikLR said:

They don't care as long as you are fully divorced and as long as you meet the poverty guidelines.

 

Have you and your fiancee looked into both the CR1 and the K1?

~~moved to K1 process and procedures from IMBRA.~~

We applied for the K1. If we are denied we will go for the CR1. Is that how people normally do it? 

[NikLR 13,232]

n

56 minutes ago, Markssoutherngirl said:

We applied for the K1. If we are denied we will go for the CR1. Is that how people normally do it? 

No we went straight for the CR1.  Not being able to travel for 3+ months out of the USA was a deal breaker for me.  On top of that I hated the idea of not working or having any income of my own.  Or not being able to drive etc.. 

[MarkandCharity 17]

20 minutes ago, NikLR said:

n

No we went straight for the CR1.  Not being able to travel for 3+ months out of the USA was a deal breaker for me.  On top of that I hated the idea of not working or having any income of my own.  Or not being able to drive etc.. 

Hmmm.....how does the CR1 work? I didnt know you could work in the US before being approved? 

[NikLR 13,232]

The CR1 is an immigrant visa.  You have to be married first and it takes about a year.  But because you immediately have a green card upon arrival you can work, travel, etc..  As a Canadian your fiance could collect EI (employment insurance) because he is relocating to be with family.  

 

With the K1 you don't have have to be married first, just have to have met in the last 2 years.  But you have to adjust status after marriage in the USA.  Right now EAD (work authorization) and AP (advance parole aka travel authorization) are taking from 4-6 months or more.  So not only does it cost more in fees, it costs more in life as well because the beneficiary can't do anything for that period of time after the AOS is filed. 

 

The K1 only saves a few months off visa time but can be twice a long to green card.   It's really a good visa for people who can't visit each other, (something Canadians generally don't have a problem with) or people who cannot possibly live without their spouse after marriage.  The CR1 is longer to visa, but it's an immigrant visa thus immediate green card upon arrival.  The overall cost is less as well.

 

http://www.visajourney.com/content/compare

 

(ignore the K3 as it's VERY rarely issued and honestly costs twice as much as the CR1 and doesn't save any time so isn't even worth the extra effort to attempt.)