So many questions RE Fiance Visa

[Cercy 0]

Hi all, I apologize in advance for all the questions. Hopefully it doesn't get too confusing!

Okay, a bit of background. I am from the US. My fiance came to the US from Portugal and spent three months with me recently. It was our first visit, and we met through friends online last November and got to know each other that way. He came to visit, we love each other just as much in person as we were sure we would and he proposed!.... And now we're reading about the process to get married and wow. All I can say is that it's scary. He says we should have faith and just do what is expected of us, and I'm panicking and trying to make sure I don't miss a single bit of information.

The complicating factor for me is that I live in a state that requires a one year minimum wait for a divorce, and though my soon to be ex husband and I basically only married because I was pregnant and the marriage didn't work out- we became friends and he moved out. Our divorce should be final in October. Finally. But this creates some awkward circumstances for me RE filing the Affidavit of support:

1) My last three years tax returns were filed jointly with my soon-to-be ex husband.

2) I am living on his Alimony/Child support that we agreed upon when he moved out in October of last year, which barely makes the income requirements. And I ASSUME this can't be counted on the Affidavit. Anyone know? This is because we have a preschool age child and I am staying home with her until she goes to Kindergarten and he can afford to support this, as it is in her best interest.

3) My soon-to-be-ex husband considers my Fiance a friend. He knows that this is in all of our best interests and wants to help. We are doing a Collaborative divorce, and have a good working relationship as parents, just not as a couple. He has agreed to joint sponsor the Affidavit. Though he has some trepidation at to exactly what it will do to him legally. Which leads to the following questions

*What exactly does it require of him and for how long? My fiance will be selling his house in Portugal and hopefully have more than enough to support himself while seeking employment.

*Will there be a problem with my ex husband joint sponsoring my future husband? Surely they will realize that not everyone ends their marriages on bad terms, especially when it is so harmful to the children.

4) If my ex husband gets scared and flakes on me and won't do the affidavit, and alimony/child support is all that I have to offer will that be acceptable as an income? It's about 20,000 a year. I am trying to go back to school and I cannot do that, stay with my child and work and meet the income requirements and I have no one to sponsor him besides my ex. Obviously my tax returns are intertwined with my soon-to-be-ex's.

5) Since this situation is a bit weird, how much should I send with my petition for a foreign fiance? Do all the explanations etc go to him for his interview or do they go with my petition? Should I send all our emails? All our pictures? Which are digital. All the proof we can find that we called and texted and emailed before and after his visit? An explanation of my ex's involvement and why? Will they CARE that he's my ex husband? Do I send the Affidavit with the petition for foreign fiance?

That's all for now. And thank you if you've stuck with me this long. I know it's a lot to read and try to sort out. My soon-to-be ex husband and I have been over for a long time. We have been waiting, as per law, to get divorced. It is not our choice that I will be getting divorced and then immediately filing for my fiance to come to the US. This is our only shot as I cannot take my daughter to Portugal, per her father. We really want to make it work.

Edited July 15, 2011 by Cercy

[Anh map 2,098]

Joint tax returns are not an issue.

$20 K is not enough to sponsor your fiance as you have a child. That makes the household count 3, with an income requirement of $23,162. So a joint sponsor will be needed.

Having you ex be the joint sponsor will raise a huge red flag at the interview. The CO is likely to assume that this is an arrangement to help his friend obtain US residency. It will be much easier to secure another joint sponsor. Any US citizen or green card holder can be a sponsor.

You cannot petition for your fiance until you are legally free to marry. So you've got time to sort out the joint sponsor issue.

[Cercy 0]

People would really wait an entire year to get divorced just to bring someone into the US? I don't know ANYONE who would be willing to sponsor him. I am estranged from my own family. It seems like there would have to be some way to prove that this is really what it is. I'm not sure what to do now...

[JimVaPhuong 4,863]

If you're receiving alimony then that would end when you remarry, so it's not qualifying income for an affidavit of support. If you're receiving spousal support then that would end when the family court says it ends. Whether it would be considered for an affidavit of support would depend on how much longer he's required to pay it. Child support does not end until the child is at least 18 years old, regardless of whether or not you remarry. It might be qualifying income if it's expected to be received for at least a few more years. If these payments are voluntary and not included in your divorce settlement and court order then they probably won't consider it. Support payments have no "teeth" if they're not backed by a court order.

Some consulates become very suspicious when the petitioner has recently divorced - they suspect that the petitioner is complicit in an arrangement to help the beneficiary immigrate, and that the divorce was obtained only to make the petitioner eligible to submit a petition. The suspicion grows when there is evidence that the petitioner maintains a relationship with their ex-spouse - a marriage that was terminated for convenience would probably be resumed when the beneficiary's immigration status has been obtained. Having an ex-spouse act as joint sponsor would be an indication that the petitioner and ex-spouse still have a relationship. Another potentially suspicious fact is a petitioner will little or no earned income - the petitioner might have a monetary motive to help the beneficiary immigrant; e.g., they might be getting paid. An ex-spouse who pays support and visits their children is not a problem. Anything beyond that begins to get suspicious.

I don't know how difficult or suspicious the consulate in Portugal is. I wouldn't go anywhere near the consulate in Vietnam with that situation. I'd want at least six months to a year between the final divorce and the petition filing. I'd want one or two more face-to-face visits to back up the relationship evidence. I wouldn't want my ex having any involvement whatsoever in the process. I'd want a joint sponsor who was from my side of the family or was a friend of mine.

The affidavit of support is submitted at the K1 interview. That's when you'll need the income evidence. You don't send anything with the petition about this.

[Cercy 0]

So basically I have to have my fiance in and out of my child's life because people are going to get suspicious. When it's the law that kept me from being free to marry a year ago. And ultimately the law may force me to choose between the man I love and my child.

Thank you for your answers. I kind of figured it would look suspicious but I assumed that with evidence it could be dealt with. I mean, the truth outs itsself, you know?

This state makes you wait a year before you can divorce and doesn't provide any form of legal separation agreement. So what my ex gives me isn't legally backed up. It will be when we are divorced. And no, the alimony will not continue when I remarry, but the child support will.

[Eric-Pris 1,602]

Having your ex-husband co-sponsor your new husband is not a good idea. And it just seems wrong. Immigration-wise, it will cause a stink for sure.

Think about it from their point of view. Why would an ex-husband sponsor a new husband? That's insane, unless they are all involved in a business transaction to bring somebody to the US. The USC and the new husband will then divorce after the greencard is secured and the USC can then remarry the ex-husband and everybody is happy. Immigrant has a greencard, and USC gets paid. This is how immigration may view this.

[Cercy 0]

But my ex works for one of the wealthiest companies in the world and has no reason to enter into any sort of contract like that. He's very comfortable money wise. That's why I asked if he'd help. Our daughter loves my fiance. The last thing any of us wants is for her to have to have someone she loves come and go like crazy.

I understand that it looks suspicious but not why. Not when there's evidence to the contrary. There's no reason we would do something like that.

Why would an ex husband co-sponsor a future husband? Because not everyone is adversarial and cruel when they realize a marriage isn't working. It's sad that the NORM is that people have these huge nasty divorces that hurt everyone and that collaborative divorces that are settled nicely are looked at with suspicion.

[Casprd 167]

Having you ex be the joint sponsor will raise a huge red flag at the interview

The recent (not completed yet) divorce and the ex-husband being a co-sponsor will make it incredibly difficult even in an easy consulate like Portugual. It may not make sense, but unfortunately there are people who would go through the year long divorce in order to commit immigration fraud. As a result the rest of us sufer the extra burden of proof when our case resembles this.

As for the obligations of a sponsor/co-sponsor. It is a little different for the K-1 form so someone else can address this, but while admirable what you are doing in order to support your child before school, the circumstances really won't play out too well before the immigration officials. You will need to rethink your plan and wait until you can earn enough on your own to meet the requirements.

[Cercy 0]

Okay so what if I can somehow find another sponsor? Will the recent divorce still be a problem if I provide proof of the year long separation (and the relatively short marriage that took place when I was 8 months pregnant)?

I live in an area where child care fees are from between 1 and 2 thousand a month. Having not finished college I could barely make enough to cover that myself.

[Alcheringa 39]

Finding another co-sponsor -- which will be difficult without a very understanding family member or friend -- would solve your issues completely.

But keep in mind that individual will also have to sign off on the I-864 when the Adjustment of Status comes around, which tends to spook potential helpers even further.

[Cercy 0]

I guess I'm a bit confused about the two forms. The affidavit of support, what is the name of the form? I thought it was the same as the I-864. What is so spooky about the second one that the first wouldn't have scared someone off of?

[Alcheringa 39]

Your best and most certain solution would be to put yourself in check, realize your financial status is not conducive to sponsoring an immigrant, and postpone it while focusing on getting your life on track.

It might take time, but that secures a better future for you and your child, sets a tremendous example, allows you to bring the fellow over on your own, and, better yet, has you on your feet when you get remarried and the alimony comes to a grinding halt.

[Alcheringa 39]

When you file for the K1 petition, the Beneficiary will go into the interview at his local consulate and produce the I-134 Affidavit of Support. It is a loosely-binding document serving to name a sponsor (you) or cosponsor (other person) of the immigrant.

When you finally get to the States, marry, and start the Adjustment of Status phase, you have to then produce the I-864 -- which is a directly binding agreement that locks the sponsor (you) or joint sponsor (other person) into being financially responsible for the immigrant for what I believe is ten years, even if there is a divorce or death.

That's heavy for most folks that would consider helping you.

[Cercy 0]

Thank you all for your responses. Obviously this is not the news I wanted to hear but I guess it's better to know now.

It goes without saying that I am trying to find work and willing to put off school (again) if I find it. I think that intimating that I'm basically a spoiled ex house wife was unnecessary.

[Alcheringa 39]

I meant nothing of the sort, and apologize if it came across that way.

I do not know you or anything about you beside what you've told us -- that you have a small child, are not employed, are not degreed, cannot sponsor your own fiancé, and are currently relying upon the support of the ex-husband to survive, whom may or may not be willing to sponsor the new fellow himself.

I simply meant that mix of circumstances does not particularly lend itself to success in regard to the K-1 process, and that reversing it would ensure a much higher probability of doing so. That's all.

The search button will enlighten you to a lot of things regarding the process -- I literally spent a solid month reading up on it before we sent our packet in -- and there are lots of knowledgeable folks that'll be willing to answer whatever questions you have.

Tap into this resource, search for a new sponsor, or, worst case, work toward generating enough consistent income to meet the minimum requirements yourself. Nothing personal inferred -- I actually empathize with you -- it's just the facts.

Good luck and we all wish you the best.