K1-K2 Visa, Dating while divorce is processing

[ginoballhog 0]

I just got my Certificate of Naturalization recently (4/9/21) –and planning on petitioning my fiancée from Philippines to come here and get married. Also, she has 2 minor kids. I have few concerns before filing the form I-129F. Although I have done countless research in pertains to these matters but still not confident since this is very new to me. If you could help with my concerns I would be very grateful.

 

• My fiancée and I started dating Sept 2017 while I was going through divorce process
• My ex-wife and I broke up and separated since April 2017 (with 2 minor kids)
• 4/6/21 when my divorce is finalized
• 4/9/21 Received my certificate of naturalization (US)
• For sponsor’s income support –would 50K suffice to petition my fiancée and her 2 kids?
• She’s never been married but with 2 kids

 

Would any of those going to lead to possible denial for the K1 visa?

 

 

[Nitas_man 3,100]

13 minutes ago, ginoballhog said:

I just got my Certificate of Naturalization recently (4/9/21) –and planning on petitioning my fiancée from Philippines to come here and get married. Also, she has 2 minor kids. I have few concerns before filing the form I-129F. Although I have done countless research in pertains to these matters but still not confident since this is very new to me. If you could help with my concerns I would be very grateful.

 

• My fiancée and I started dating Sept 2017 while I was going through divorce process
• My ex-wife and I broke up and separated since April 2017 (with 2 minor kids)
• 4/6/21 when my divorce is finalized
• 4/9/21 Received my certificate of naturalization (US)
• For sponsor’s income support –would 50K suffice to petition my fiancée and her 2 kids?
• She’s never been married but with 2 kids

 

Would any of those going to lead to possible denial for the K1 visa?

 

 

Dunno

 

Your household size is 6, you’re at minimum requirement of $44,500(ish), it’ll be pretty close.

Edited April 20, 2021 by Nitas_man

[ginoballhog 0]

1 hour ago, Nitas_man said:

Dunno

 

Your household size is 6, you’re at minimum requirement of $44,500(ish), it’ll be pretty close.

Even though my 2 kids are not living with me and I don’t claim them as my dependents?

[Keithn85 400]

1 minute ago, ginoballhog said:

Even though my 2 kids are not living with me and I don’t claim them as my dependents?

Do you support your kids in any sort of way?  Any agreement with the divorce or separation?  Child support?
If you support them in any way, then they are going to be part of your I-134.  Unfortunately, there is no way around this.

[payxibka 10,047]

12 minutes ago, ginoballhog said:

Even though my 2 kids are not living with me and I don’t claim them as my dependents?

You list all minor children 

[SalishSea 18,082]

7 minutes ago, Keithn85 said:

Do you support your kids in any sort of way?  Any agreement with the divorce or separation?  Child support?
If you support them in any way, then they are going to be part of your I-134.  Unfortunately, there is no way around this.

They need to be listed regardless.

[JFH 12,191]

*~*~*procedural question moved from “progress reports” to “process and procedures”*~*~*

[Lemonslice 4,960]

5 hours ago, Jorgedig said:

They need to be listed regardless.

Exactly. They're... Yours.

[Lemonslice 4,960]

5 hours ago, Keithn85 said:

Do you support your kids in any sort of way?  Any agreement with the divorce or separation?  Child support?
If you support them in any way, then they are going to be part of your I-134.  Unfortunately, there is no way around this.

It doesn't matter. They're his kids to support (as far as the affidavit of support is concerned + common sense and decency).

[Joe Kano 327]

I don't think the Philippines requires a sponsor

 

Did this change?

[Zoeeeeeee 797]

Dating whilst separated/going through a divorce is absolutely fine. My now-husband and I started dating 9 months after he and his ex-wife separated - but his divorce didn't go through until 18 months later. We actually sent the K1 petition the day after his divorce was finalized and no said a word in my visa interview or my AOS interview.

[flicks1998 1,044]

17 hours ago, ginoballhog said:

I just got my Certificate of Naturalization recently (4/9/21) –and planning on petitioning my fiancée from Philippines to come here and get married. Also, she has 2 minor kids. I have few concerns before filing the form I-129F. Although I have done countless research in pertains to these matters but still not confident since this is very new to me. If you could help with my concerns I would be very grateful.

 

• My fiancée and I started dating Sept 2017 while I was going through divorce process
• My ex-wife and I broke up and separated since April 2017 (with 2 minor kids)
• 4/6/21 when my divorce is finalized
• 4/9/21 Received my certificate of naturalization (US)
• For sponsor’s income support –would 50K suffice to petition my fiancée and her 2 kids?
• She’s never been married but with 2 kids

 

Would any of those going to lead to possible denial for the K1 visa?

 

 

I would just focus on the income requirements and not so much on the dating while married and split up.  I had a friend do a K1 out of Manila in 2019 and he split up with his US wife in 2009.  They didnt finalize their divorce until late 2017 and he had started dating his now wife in 2011.  There was no real rush for either one of them to push for the divorce and every time they would try and get around to doing it, they were just met by a very adversarial process.  It was if they were expected to be fighting each other.  They never had a lawyer involved and did the whole process themselves, and yes, they had a daughter together.  They just make up a child support number which a judge approved.  The money comes out of one joint account and goes back in the same account.  During the interview for the K1, there were never any questions on the timing of the divorce and when the new relationship started.  They are in the US now and the ex-wife was able to get the new wife a job with the company she worked with.  

Edited April 20, 2021 by flicks1998

[payxibka 10,047]

7 hours ago, Joe Kano said:

I don't think the Philippines requires a sponsor

 

Did this change?

Philippines requests sponsor information from k1 applicants  in small percentage of cases.  Has been like this for awhile.   You need to be prepared, because you never know if yours will be the  number that comes up.

[Letspaintcookies 2,310]

And even if nobody asks for the I-134 in Manila somebody for sure will ask for the I-864 for AOS so it's good to plan ahead.

[Joe Kano 327]

38 minutes ago, Letspaintcookies said:

And even if nobody asks for the I-134 in Manila somebody for sure will ask for the I-864 for AOS so it's good to plan ahead.

You can take years to file for AOS