Is there a specific time that a petitioner need to wait after divorcing to file for the K1 visa?

[Kaykay2019 5]

I recently got a divorce from my ex husband whom I filed an adjustment of status for since we met and got married while he was on a student visa. I recently reconnected with an ex boyfriend whom I regretted losing because of the history we had since we were kids. Anyways we reconnected recently when I visited my country this summer. He knew I was still married to my now ex husband who I was in the process of divorcing at the time is the meeting. My divorce was finalized two months ago and I am thinking about filing for my now fiance. He proposed to me on the phone shortly after I told him that my divorce has been finalized. He said he didn’t want to take the risk of losing me again this time 😊, my sister is going to bring the engagement ring when she returns from my country soon. We both either lost or deleted the pictures we had together so the only pictures we had of each other are the ones we took during my trip this summer. Will that be enough evidence to submit on the I-129 or should I wait to file after my upcoming trip to see him in April 2020? Your assistance is greatly appreciated in this matter. 

[Pitaya 2,577]

Welcome to the forum.

 

Couple of things, be certain of the the petition you are submitting, I-129 is a Petition for a Nonimmigrant Worker, I-129F is a Petition for an Alien Fiance(e).  Review the evidence requirements listed in the VJ K1 Visa Step-by-step Guide, 

  and see if you currently meet the necessary requirements to start the K1 visa process.

 

Good luck on your immigration journey.

[debbiedoo 2,339]

no, there is no minimum time after divorce is finalized to file for a k1.

 

you have to have met your fiance in person within 2 years, and have to have evidence of that - beyond photos. Boarding passes, hotel reservations, etc - items that can back up your photos and prove they were not photoshopped. I would wait until after your trip in april, if it were me, so you can gather and save more concrete evidence.

 

you will also have to claim your ex as a household member on your i 134 and then i 864, since you have a current affidavit of support. This will increase the minimum income you have to earn to sponsor another immigrant.

[Kaykay2019 5]

12 hours ago, Pitaya said:

Welcome to the forum.

 

Couple of things, be certain of the the petition you are submitting, I-129 is a Petition for a Nonimmigrant Worker, I-129F is a Petition for an Alien Fiance(e).  Review the evidence requirements listed in the VJ K1 Visa Step-by-step Guide, 

  and see if you currently meet the necessary requirements to start the K1 visa process.

 

Good luck on your immigration journey.

Thanks a lot for the information.

2 hours ago, debbiedoo said:

no, there is no minimum time after divorce is finalized to file for a k1.

 

you have to have met your fiance in person within 2 years, and have to have evidence of that - beyond photos. Boarding passes, hotel reservations, etc - items that can back up your photos and prove they were not photoshopped. I would wait until after your trip in april, if it were me, so you can gather and save more concrete evidence.

 

you will also have to claim your ex as a household member on your i 134 and then i 864, since you have a current affidavit of support. This will increase the minimum income you have to earn to sponsor another immigrant.

Thanks a lot for the information! I really do appreciate it. I am no longer sponsoring my ex husband, we were married for four years and he presently has a great job earning more money than I am. 

Edited November 17, 2019 by Kaykay2019

[debbiedoo 2,339]

1 hour ago, Kaykay2019 said:

Thanks a lot for the information.

Thanks a lot for the information! I really do appreciate it. I am no longer sponsoring my ex husband, we were married for four years and he presently has a great job earning more money than I am. 

Did you pull/cancel the 864 for him? if not, even if you are divorced and even if he makes more money than you and is not dependent on you in any way, for the purpose of sponsoring another immigrant, you are.

[Villanelle 4,122]

I agree with the above. Unless he worked for at least 2.5 years previous to the marriage the math just does not add up for him to be able to be credited with 40Q.  

[Unlockable 7,314]

2 hours ago, Kaykay2019 said:

Thanks a lot for the information.

Thanks a lot for the information! I really do appreciate it. I am no longer sponsoring my ex husband, we were married for four years and he presently has a great job earning more money than I am. 

Yes, you are still responsible for your ex. Divorce does not absolve you from the affidavit of support. Read the bottom of page 7 of the affidavit.

https://www.uscis.gov/system/files_force/files/form/i-864.pdf?download=1

 

 

So as you you can see, you are still responsible for your ex as per the affidavit. So if your ex were to lose his job and get on welfare, the government can still come after you. Also, you will still need to put your ex down as a dependent when you file for your new fiance. Which means you will have to meet the financial requirements of everyone in your household, including your ex husband.

 

You have to read, read, read these documents you are signing and understanding everything you are getting into.

[SalishSea 17,837]

2 hours ago, debbiedoo said:

Did you pull/cancel the 864 for him? i

This is not an option.  

[HRQX 4,145]

5 hours ago, Kaykay2019 said:

I am no longer sponsoring my ex husband

Is he now a US citizen? Or at any point could he receive credit for 40 quarters? After divorce, he could no longer count the SSA credits you earned during the marriage: https://secure.ssa.gov/apps10/poms.nsf/lnx/0500502135 "a spouse(s) (as defined in SI 00501.150B.1. and developed per SI 00502.145) during their marriage if the marriage continues or the spouse is deceased."

 

Otherwise, that I-864 obligation is still in effect.

Edited November 17, 2019 by HRQX

[debbiedoo 2,339]

3 hours ago, Jorgedig said:

This is not an option.  

I did not think it was, but I have seen where people have done it, though it was likely before the AOS was approved. Was a case of trying to clarify, albeit maybe not in the best manner

[mari04 100]

Please, please, do NOT wait. It will be just waste of time, which I am sure is precious. I know multiple cases including mine when people apply the next day after official divorce decree. Never even comes up at any point including interview. Non-issue. Don't waste your time! Apply immediately. Officers at the consulate understand that divorce takes a long time from the moment people separate. It is normal. 

[geowrian 22,337]

1 minute ago, mari04 said:

I know multiple cases including mine when people apply the next day after official divorce decree. Never even comes up at any point including interview. Non-issue

Not to be too pedantic, but some states (Texas is the big one) have a "waiting period" even after a final order for divorce in which one is not yet "free to marry". So the "next day" is pushing it in those cases. haha

[Ontarkie 14,227]

7 minutes ago, mari04 said:

Please, please, do NOT wait. It will be just waste of time, which I am sure is precious. I know multiple cases including mine when people apply the next day after official divorce decree. Never even comes up at any point including interview. Non-issue. Don't waste your time! Apply immediately. Officers at the consulate understand that divorce takes a long time from the moment people separate. It is normal. 

Some countries a recent divorce is an issue. 

Edited November 18, 2019 by Ontarkie

[Kaykay2019 5]

13 hours ago, mari04 said:

Please, please, do NOT wait. It will be just waste of time, which I am sure is precious. I know multiple cases including mine when people apply the next day after official divorce decree. Never even comes up at any point including interview. Non-issue. Don't waste your time! Apply immediately. Officers at the consulate understand that divorce takes a long time from the moment people separate. It is normal. 

Thanks a lot for your advise. I am only concern that I don’t have much evidence since I was still married when we encountered each other again and didn’t spent too much with him. I have plans of filing for him shortly after returning from seeing him in April 2020 that way I will have more evidence besides our communication since returning to the states. 

[Kaykay2019 5]

13 hours ago, Ontarkie said:

Some countries a recent divorce is an issue. Divorce does not look good in my culture either, but my concern is not having a lot of evidence with my current fiancé since we didn’t spend much time when I visited as a result of my marriage at the time.