K1 fiancee visa form - question 11 need help

[kumarb 0]

need your advice. I was married before when I was on H1B work visa. my wife(ex) came to USa on H4 dependant visa. we both are from India. I got employment based green card in 2002.

during I485 stage I applied I485 for my wife (ex) also along with me. we both got GC in 2002. and then both became US citizens in 2008.

unfortunately we got divorced in March 2010. last year in 2011 my ex got remarried to US Citizen.

last month I got married/engaged to inidan citizen in india. it was a hindu ceremony. but marriage was NOT legally registered in India.

Now I am in US. I am preparing i129F K1 fiancee visa application for my wife/fiancee. I answered question 6 as divorcee and question 9 for prior spouse entered my ex name.

for question 11 "Have you ever filed for this or any other alien fiance(e) or husband/wife before?" what should say here. Yes or No.

is this question regarding only i129f or previous H4 & i485 too ?. my ex got her GC almost 10 years back. I am confused. appreciate your advice.

[kumarb 0]

any help ?

[L+T 71]

need your advice. I was married before when I was on H1B work visa. my wife(ex) came to USa on H4 dependant visa. we both are from India. I got employment based green card in 2002.

during I485 stage I applied I485 for my wife (ex) also along with me. we both got GC in 2002. and then both became US citizens in 2008.

unfortunately we got divorced in March 2010. last year in 2011 my ex got remarried to US Citizen.

last month I got married/engaged to inidan citizen in india. it was a hindu ceremony. but marriage was NOT legally registered in India.

Now I am in US. I am preparing i129F K1 fiancee visa application for my wife/fiancee. I answered question 6 as divorcee and question 9 for prior spouse entered my ex name.

for question 11 "Have you ever filed for this or any other alien fiance(e) or husband/wife before?" what should say here. Yes or No.

is this question regarding only i129f or previous H4 & i485 too ?. my ex got her GC almost 10 years back. I am confused. appreciate your advice.

I would put yes, and attach paper explaining H4, i485 in regards to your ex. so your were engaged, but not married. be careful with this, if they suspect you are married you can be denied and told to file for spouse. I ask because you use words married and wife to describe your woman. if you are not married, both you and your fiancee should stop using those words.

[Hank_ 9,173]

need your advice. I was married before when I was on H1B work visa. my wife(ex) came to USa on H4 dependant visa. we both are from India. I got employment based green card in 2002.

during I485 stage I applied I485 for my wife (ex) also along with me. we both got GC in 2002. and then both became US citizens in 2008.

unfortunately we got divorced in March 2010. last year in 2011 my ex got remarried to US Citizen.

last month I got married/engaged to inidan citizen in india. it was a hindu ceremony. but marriage was NOT legally registered in India.

Now I am in US. I am preparing i129F K1 fiancee visa application for my wife/fiancee. I answered question 6 as divorcee and question 9 for prior spouse entered my ex name.

for question 11 "Have you ever filed for this or any other alien fiance(e) or husband/wife before?" what should say here. Yes or No.

is this question regarding only i129f or previous H4 & i485 too ?. my ex got her GC almost 10 years back. I am confused. appreciate your advice.

I see the reason for your confusion as your situation is sort of unique, you have never filed a K-1 or even a CR-1 yet you did the 485 process. My gut says to answer yes and maybe explain the situation much as you have here.

I see one other potential issue... the engagement party, you may want to ask this question in the India forum as the embassy looks real serious at those parties.

Edited March 24, 2012 by Hank_Amy

[FanTa 2]

for question 11 "Have you ever filed for this or any other alien fiance(e) or husband/wife before?" what should say here. Yes or No.

is this question regarding only i129f or previous H4 & i485 too?

My situation is exactly the same (the only difference is that I'm a widower, not a divorcee).

I answered "No" to question 11. It asks whether "you have ever filed for any alien husband/wife". You have not. After your employer's I-140 was approved, you applied for your AOS based on I-140 approval, and your wife filed for her AOS herself based on the fact that the employment-based visa category allows for derivative status for spouses/children. But it was her - not your - petition, you have not filed for her.

[kumarb 0]

Thank you all for your replies. sorry for late reply. I may actually say YES and explain it to be safe. also I am thinking of going for CR-1 insead of K1 visa. only problem is I have to goto india and get our marriage officially registered. I was under the impression that after marriage ceremony, K1 is the only legal visa people apply to bring spouse and register the marriage in US. thats why I did not go for marriage certificate. I thought US does not recognize Hindu marriage ceremony officially. for spouse visa they need marriage certificate not ceremony,temple affidivates and pictures. but to deny K1 fiancee visa, ceremony is considered as official marriage. why can't wife be fiancee and register the marriage in US. strange laws. anyways don't want to do anything against law.