I-129f question for K-1 visa

[Cole91 2]

Hello everyone,

I have a complicated question that I'm hoping someone can help with. I married my (now ex-husband) when I was younger, who was not a US citizen but lived in the US all his life. I was young so his lawyer handled all the paperwork in his path to citizenship (which he never ended up getting due to DUIs). I am now about to submit a I-129f for my current partner for a K-1 fiance visa however I'm unsure whether to check yes or no to question #43, "have you ever filed a I-129f for any other beneficiary?". My ex-husbands lawyer isn't being too helpful in providing me with exact information but he said that I never filed any type of k-1 visa, however he did apply for a I-130 and I-864 on my behalf which apparently wouldn't even be valid anymore due to our divorce 6 years ago and that I no longer have ties to the case. Technically I haven't filed a I-129f before but does it mean I-130 as well since they're quite similar? I also wouldn't have any of the I-130 details (A#, filing date/decision). I really appreciate any advice!

[powerpuff 6,747]

3 minutes ago, Cole91 said:

I-864 on my behalf which apparently wouldn't even be valid anymore due to our divorce 6 years ago and that I no longer have ties to the case.

That’s not true. I-864 is legally binding until the immigrant (your ex husband) becomes a US citizen, works 40 quarters or dies. So as you can see it can take years or decades for one of these to happen. 
 

if you filed I-130 for your ex husband, then you answer No. As a side note, they’re not similar at all. 

[arken 4,197]

5 minutes ago, Cole91 said:

have you ever filed a I-129f for any other beneficiary?".

Take this literally, just i29f, no need to think of any other stuffs.

[Crazy Cat 42,062]

20 minutes ago, Cole91 said:

however he did apply for a I-130 and I-864 on my behalf which apparently wouldn't even be valid anymore due to our divorce 6 years ago and that I no longer have ties to the case

That is inaccurate.  Divorce does not invalidate an I-864.  You are obligated until any of these happen:

 

1.  Your ex-Husband becomes a citizen

2.  He obtains 40 quarters of work credit

3.  He has lost status as a legal resident and has departed the US.

4.  He dies.

Until one of the above takes place, you are obligated and tied to his case.  

 

 

 

Edited June 16, 2021 by Lucky Cat

[Cole91 2]

Thanks everyone! @powerpuff  @arken @Lucky Cat sadly, he got deported so I believe that's a case where it invalidates it? either way, I don't believe it asks about I-864 at this stage so I'll have to look into that more later on. I considered writing an additional letter explaining my last marriage but now I feel like it might be unnecessary and draw unwanted attention. I appreciate all of your input!  

[powerpuff 6,747]

8 minutes ago, Cole91 said:

Thanks everyone! @powerpuff  @arken @Lucky Cat sadly, he got deported so I believe that's a case where it invalidates it? either way, I don't believe it asks about I-864 at this stage so I'll have to look into that more later on. I considered writing an additional letter explaining my last marriage but now I feel like it might be unnecessary and draw unwanted attention. I appreciate all of your input!  

Ah I see. In that case, nothing to worry about!

 

regarding the letter, yeah, no need. Just send in what’s required (divorce decree) and you’ll be good to go. Best of luck!