Apply K1 visa , but not divorce previous marriage

[aaron2020 11,651]

2 hours ago, flfreddy said:

 

 

Whether your ex wife is in usa or not is irrelevant.  The visa was issued, things happen, so long as you did not "sell" the visa, you are ok.   You need convince CO it was a bonafide relationship.

Whether his WIFE (not ex-wife) is in the US right now is completely relevant.  His I-864 obligation for her is relevant if she used the CR-1 to enter the US.  

If she is in the US, then he just brought one wife to the US last year.  It's gonna impact a K-1 quickly submitted  this year.  

Edited November 22, 2019 by aaron2020

[flfreddy 93]

51 minutes ago, aaron2020 said:

Whether his WIFE (not ex-wife) is in the US right now is completely relevant.  His I-864 obligation for her is relevant if she used the CR-1 to enter the US.  

If she is in the US, then he just brought one wife to the US last year.  It's gonna impact a K-1 quickly submitted  this year.  

The I-864 is there regardless.   But in the i129 when he applies, there is no need to indicate other i-864.   It inly impacts when its AOS for K1.   

So when the decree is approved - 6-12 mths later, he can file I-129F.  The I-134 is for 1 person.

 

well K1 is meet 1x in 2 yr, no child related crimes, $$ ok.  USCIS side will be ok - then its at CO where he has to prove bonafide relationship K1 - and possibly that wife 1 was real but things happen.

 

others can chip in what they think - we are all trying to help here

[Rick & Apple 233]

17 hours ago, aaron2020 said:

If you are not in contact with your wife, how do you know that she didn't use the CR-1 visa to enter the US without your knowledge?

OP should be able to check wife's I-94 to see if she came to the U.S.
https://i94.cbp.dhs.gov/I94/#/home

@John1992

[Mollie09 1,543]

23 minutes ago, Rick & Apple said:

OP should be able to check wife's I-94 to see if she came to the U.S.
https://i94.cbp.dhs.gov/I94/#/home

@John1992

DO NOT USE THIS TO LOOK UP YOUR WIFE

 

 

By accessing this website, you understand and acknowledge that:

• You are declaring under penalty of perjury pursuant to 28 U.S. Code § 1746 that you: (1) are only seeking records about yourself, (2) are seeking records about someone for whom you are the legal guardian, or (3) you have the consent of the person whose records you are seeking. You are not authorized to access this website to retrieve records of another person unless you are the person's legal guardian or you have the person's consent.

[aaron2020 11,651]

2 hours ago, flfreddy said:

The I-864 is there regardless.   But in the i129 when he applies, there is no need to indicate other i-864.   It inly impacts when its AOS for K1.   

So when the decree is approved - 6-12 mths later, he can file I-129F.  The I-134 is for 1 person.

 

well K1 is meet 1x in 2 yr, no child related crimes, $$ ok.  USCIS side will be ok - then its at CO where he has to prove bonafide relationship K1 - and possibly that wife 1 was real but things happen.

 

others can chip in what they think - we are all trying to help here

No.  

The I-864 would only apply if his wife got a green card.  If she got a green card, then the I-864 obligation kicks in.  If she never used the CR-1, then there is no I-864 obligation.

 

For the I-134 for the K-1 visa, it asks whether the sponsor has filed affidavit of supports for anyone else.

Providing bad information does not help.

[geowrian 22,338]

4 hours ago, Mollie09 said:

DO NOT USE THIS TO LOOK UP YOUR WIFE

 

 

By accessing this website, you understand and acknowledge that:

• You are declaring under penalty of perjury pursuant to 28 U.S. Code § 1746 that you: (1) are only seeking records about yourself, (2) are seeking records about someone for whom you are the legal guardian, or (3) you have the consent of the person whose records you are seeking. You are not authorized to access this website to retrieve records of another person unless you are the person's legal guardian or you have the person's consent.

I second this - don't get yourself in trouble over somebody else.

[Boiler 46,003]

If the fiancee is also Chinese perhaps she could check the wife's whereabouts?

[milimelo 4,546]

20 hours ago, Rick & Apple said:

OP should be able to check wife's I-94 to see if she came to the U.S.
https://i94.cbp.dhs.gov/I94/#/home

@John1992

Immigrant visa holders do NOT get I-94. 

[ThomasNC1988 762]

I don't want to get too deep in conspiracy theories, but I would take care to make sure she didn't actually use the visa. If the visa expiration date was after your 2 year anniversary I would be even more concerned as she could come into the US and stay forever essentially without ever having to contact you. Wouldn't make that much difference as far as the petition goes, but you would still technically be responsible for supporting her until she worked 40 quarters or obtained citizenship.