In Case I file for a K1 Visa again this year.

[Franklin22 1]

I married a lady using the K-1 visa back in about 2008.  We had a child together shortly after she arrived.  We divorced in 2016.  

 

Now in 2025, I am considering marrying another foreign lady.   I have some baggage that might be harmful to my case, so I want to run it by the forum and let me know what you all think.   

1.  We got food stamps from 2010-2012.

2.  I, and my ex-wife and our child are still on the California Medi-Cal program.  I never renew it but seems to auto renew every year.  It helps my ex-wife out quite a bit, as her income isn't very high, so I haven't been proactive in insisting they terminate the coverage. I don't want to rock her boat and I am guessing California may think we are still together, and they despite me not completing their required paperwork for at least 10 years, it just keep auto renewing.  

 

I'm wondering if these issues are going to be obstacles for me if I apply for a K-1 in 2025.   For the record, I would meet the income/asset threshold to bring somebody here on a K-1.  

Thank you so much.  

[SalishSea 18,014]

I agree you’ll have problems.   You brought someone here that you promised to support financially, and she has used publicly-funded resources.

[EatBulaga 338]

@Franklin22 Has your ex naturalized, or met the conditions to cease your I-864 financial obligations to her?

[apnzz 271]

In this situation, have you considered marrying and going the spousal visa route? It doesn't eliminate the potential scrutiny but in these circumstances it might be more appropriate or "better" for you considering a previous k1 with you as the petitioner/sponsor has happened.

 

All the best!

[Franklin22 1]

Thank you for the replies.  

1.  No my ex wife has never naturalized.  She has received her second 10 year green card a few years back.  I can see this is a major obstacle now.  As an ex-wife I have little control over her.  It would seem the best i can hope for is that she becomes a naturalized citizen.  If she were to become a naturalized citizen, it seems I'd be more able to move forward.

2.  Yes I have considered marrying abroad and trying that route.  Would that route me more feasible under my circumstances?

 

[JeanneAdil 6,603]

  I, and my ex-wife and our child are still on the California Medi-Cal program. 

 

that  I is important

Your ex wife is not the only one benefiting this program /the program for low income families so not sure how u think your income is sufficient to sponsor a new wife as its based on all household income (yours and exwife's)

 

understand the I 864 for exwife may be in force if she has not worked 40 quarters

1.  exwfe not a citizen or worked 40 quarters,  she is part of your household

2. child is part of your household and considered for income level

 

Have u considered paying out the N400 for your exwife to naturalize? could happen before u have to send Affidavit of support which would take her off your household size?   

your child will still be considered in your household

Have u considered adding exwife and child to your health care insurance as they are your responsibility?

You do need to take yourself off the Cali-med program

[Edward and Jaycel 353]

1 hour ago, Franklin22 said:

Yes I have considered marrying abroad and trying that route.  Would that route me more feasible under my circumstances?

 

It's a much higher bar for a Consular Officer to deny a Spousal Visa than it is for them to deny a K-1 visa. It's less expensive to go that route and in my opinion the superior way to go (Spouse gets the LPR stamp in their passport upon arrival, Green Card in the mail 6-12 weeks later, no Adjustment of Status nonsense, can work & travel out of the country immediately, etc.) I really wish Jaycel and I had gone that route. We could have married while I was living with her in the Philippines.

[EatBulaga 338]

1 hour ago, Franklin22 said:

Thank you for the replies.  

1.  No my ex wife has never naturalized.  She has received her second 10 year green card a few years back.  I can see this is a major obstacle now.  As an ex-wife I have little control over her.  It would seem the best i can hope for is that she becomes a naturalized citizen.  If she were to become a naturalized citizen, it seems I'd be more able to move forward.

2.  Yes I have considered marrying abroad and trying that route.  Would that route me more feasible under my circumstances?

 

1. Read the I-864 "Responsibilities as Sponsor":

https://www.uscis.gov/green-card/green-card-processes-and-procedures/affidavit-of-support

 

When you sign the affidavit of support, you accept legal responsibility for financially supporting the sponsored immigrant(s), generally until they become U.S. citizens or are credited with 40 quarters of work. Your obligation as a sponsor also ends if you or the individual sponsored dies or if the individual sponsored ceases to be a lawful permanent resident and departs the United States.

 

Note: Divorce does NOT end the sponsorship obligation.

 

If an immigrant you sponsored receives any means-tested public benefits, you are responsible for repaying the cost of those benefits to the agency that provided them. If you do not repay the debt, the agency or the immigrant can sue you in court to get the money owed. Any joint sponsors and household members who  allowed the sponsor to combine their income with the sponsor’s income to meet the minimum income requirements are also legally responsible for financially supporting the sponsored immigrant. In fact, any joint sponsor and household member is jointly or severally liable with the petitioning sponsor, meaning that the joint sponsor and household member are independently liable for the full extent of the reimbursement obligation and can be sued in court or be asked to pay the money owed, even if the petitioning sponsor is not sued or asked for money.

 

You could theoretically convince your ex to get US naturalized or voluntarily leave the US. But that does not eliminate any accrued means-tested public benefits which you are obligated to repay.

 

2. Until #1 is met, moving and marrying broad does not end your I-864 legally binding contract with the US government. USCIS may not accept another Affidavit of Support from you for another immigrant, and may even request you pay back any means-tested public benefits. Even if you move abroad and renounce your US citizenship, the accrued debt can still linger.

Edited December 30, 2024 by EatBulaga

[apnzz 271]

31 minutes ago, Edward and Jaycel said:

 

It's a much higher bar for a Consular Officer to deny a Spousal Visa than it is for them to deny a K-1 visa. It's less expensive to go that route and in my opinion the superior way to go (Spouse gets the LPR stamp in their passport upon arrival, Green Card in the mail 6-12 weeks later, no Adjustment of Status nonsense, can work & travel out of the country immediately, etc.) I really wish Jaycel and I had gone that route. We could have married while I was living with her in the Philippines.

I 2nd this, we're still undergoing the k1 process and if I could re-do it I would definitely go spousal visa. But particularly in your situation (OP) I would say go the spousal route simply because it would make things *less* complex rather than applying for another k1. That's just my opinion, I know a lot of people here will recommend spousal over k1 anyway. 

 

As Edward said, it's a higher bar than the k-1, less expensive, no adjustment process and being able to work and travel straight away is a huge benefit.

[Edward and Jaycel 353]

1 minute ago, apnzz said:

no adjustment process and being able to work and travel straight away is a huge benefit.

 

Exactly.... This waiting for the approval of the Employment Auth is killing Jaycel. Wish foresight was as clear as hindsight 😑

[EatBulaga 338]

@apnzz @Edward and Jaycel 

https://www.visajourney.com/forums/topic/827808-in-case-i-file-for-a-k1-visa-again-this-year/#findComment-11033444

 

Until the previous I-864 Affidavit of Support is fulfilled, USCIS may not approve another K1 or Spousal visa for @Franklin22

 

 

 

 

Edited December 30, 2024 by EatBulaga

[Edward and Jaycel 353]

3 minutes ago, EatBulaga said:

@apnzz @Edward and Jaycel 

https://www.visajourney.com/forums/topic/827808-in-case-i-file-for-a-k1-visa-again-this-year/#findComment-11033444

 

Until the previous I-864 Affidavit of Support is fulfilled, USCIS may not approve another K1 or Spousal visa for @Franklin22

 

 

 

 

 

Yes agreed.... I misread while I was scanning the comments and thought he said his ex was naturalized and now I see that he said she was never naturalized. So yes the previous I-864 should be fulfilled or he has a high risk of denial for either.

[apnzz 271]

5 hours ago, Edward and Jaycel said:

 

Yes agreed.... I misread while I was scanning the comments and thought he said his ex was naturalized and now I see that he said she was never naturalized. So yes the previous I-864 should be fulfilled or he has a high risk of denial for either.

Same here, I misread and thought they were naturalised.

 

Thank you to @EatBulagafor the info & correction.

[SalishSea 18,014]

OP, if you’re currently on your state’s Medicaid program, how do you plan to support another immigrant?   I would think your focus should be on improving your skills and job prospects at this point.   

[Franklin22 1]

Thanks for the replies. 

 

It would seem the obstacles are 

1.  Ex wife isn't a citizen and may not want to ever file for citizenship.   To the person that mentioned I pay for her N400 form.  I would do so gladly.  I am not sure she would qualify for citizenship though.  She has only started working officially this year.  I suspect she has male friends that have helped her financially.     I am going to broach the subject of citizenship with her.  Would she qualify for citizenship?  She is law abiding so that isn't an issue.    I may have to not only pay for her forms but pay her to agree to become a citizen.  She seems perfectly content with her current status. 

2.  Medi-Cal.  If I plan to move forward, I need to get myself off of this program well before I do. 

3.  I would consider moving to her country and get married there, and then down the line apply for a visa through the k-3 route.  By then I presumably would have worked out these 2 issues I listed above.