K1 from my ex husband

[Amra 0]

I was green card holder, lived in USA. Got married to usa citisen. We have 19yrs old son who stayed with him in usa. He was my first love.. we got divorced after 5years.  moved back to bosnia and abended my residency. 

In 2020 we decide to get back together, but covid stopt us from seen each other personaly, we use video chat.

Now he wants to apply for k1 visa so we can all be toghether again.

Does he have to come to Bosnia so we have proof that we know each other, see each other.

 

[SteveInBostonI130 3,434]

Yes.  For a K1, you have to have physically met within 2 years of submitting the I-129F petition.

 

Another method is to do a Utah Zoom wedding, meet in Bosnia or another country to "consummate" the marriage, and file for a spouse visa.

 

A third option is for your 19,yr old USC son to petition for you for an IR5 visa.  This method would get you a 10 yr green card instead of a 2 yr conditional card or having to adjust status with the K1 visa.

 

EDIT: 3rd option is not doable until your son turns 21.

Edited March 13, 2022 by SteveInBostonI130
EDIT:. 3rd option is not doable until your son is 21.

[Crazy Cat 41,836]

7 minutes ago, Amra said:

I was green card holder, lived in USA. Got married to usa citisen. We have 19yrs old son who stayed with him in usa. He was my first love.. we got divorced after 5years.  moved back to bosnia and abended my residency. 

In 2020 we decide to get back together, but covid stopt us from seen each other personaly, we use video chat.

Now he wants to apply for k1 visa so we can all be toghether again.

Does he have to come to Bosnia so we have proof that we know each other, see each other.

 

I would avoid a K-1.  I would get married, meet, and start the CR-1 process.

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1        
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

[Amra 0]

28 minutes ago, SteveInBostonI130 said:

Yes.  For a K1, you have to have physically met within 2 years of submitting the I-129F petition.

 

Another method is to do a Utah Zoom wedding, meet in Bosnia or another country to "consummate" the marriage, and file for a spouse visa.

 

A third option is for your 19,yr old USC son to petition for you for an IR5 visa.  This method would get you a 10 yr green card instead of a 2 yr conditional card or having to adjust status with the K1 visa.

 

EDIT: 3rd option is not doable until your son turns 21.

Zoom wedding, how that works? Never heard of it. Thanks for help.

[Mike E 11,739]

2 hours ago, Amra said:

abended my residency. . 

 

Did you sign I-407?

[Amra 0]

6 hours ago, Mike E said:

Did you sign I-407?

No i lived more then 2 yrs out of state and my gc expired in 2015

[Lil bear 4,189]

39 minutes ago, Amra said:

No i lived more then 2 yrs out of state and my gc expired in 2015

Unfortunately that does not equate with relinquishing your LPR status. Filing the I407 is the best way to ensure there is no issue with your current status and capacity to meet the K1 requirements. You can find the form and instructions for filing on the USCIS website 

[Mike E 11,739]

7 hours ago, Amra said:

No i lived more then 2 yrs out of state and my gc expired in 2015

Is the “residence since” date on your green card compared to the  date of expiration 10 years or more of difference?

[Amra 0]

9 hours ago, Mike E said:

Is the “residence since” date on your green card compared to the  date of expiration 10 years or more of difference?

Moved to Bosnia 2012. GC expired 2015.

[Mike E 11,739]

8 minutes ago, Amra said:

Moved to Bosnia 2012. GC expired 2015.

That doesn’t answer my question, so let my try asking it a different way.  
 

What year did you get your first green card?