my fiancee was married to an illegal alien?????

[macey_28 0]

hello there!!! my fiance will be filing a I 129f petition, im just bothered because he just got divorced last november 2007 after 4 years of marriage, he filed for divorce in 2006 but took it back...the case is he married an illegal alien from venezuela, they got married in 2004 and he fixed her green card, for most of their marriage the girl kept on coming to their house refusing to live with him, so he called it quits in 2006 but took the divorce back, the green card was issued feb 2006, they got the divorce in nov 2007, and now he wants to file for a fiance visa for me...how will his previous marriage to an illegal alien affect his new petition??? he is an american by the way!!! thanks so much!!!

[YuAndDan 153]

Marriage and divorce from an illegal alien wont affect the case. K-1 just needs proof that you are free to marry before the case is filed.

[LadyNoles 0]

Hum...

Well if his ex wife got her green card..she isnt an illegal alien anymore and that shouldnt affect your fiance's rights to file for a k-1 visa for you.

However make sure his divorce his final as he needs to show it and prove it during the process of k-1.

Good luck

[sj5 4]

if she got Greencard then she is not an illegal alien now. Anyway, YuandDan is right.

[john_and_marlene 162]

It could make it more difficult to meet the financial requirement as he is probably still obligated by the I-864 from her adjustment of status.

[macey_28 0]

thanks so much for all your comments, i hope all goes well !!!!!!!!!!!

[marryme 0]

As long as the divorce is final and he can show the court papers a proof you will be ok.

[eau_xplain 2]

It could make it more difficult to meet the financial requirement as he is probably still obligated by the I-864 from her adjustment of status.

This is correct. Your fiance will have to prove he meets 100% or 125% (depending on what your consulate requires) of the poverty line for himself, his GC holder ex-wife and you (plus any children if applicable).