Could be difficult K-1 visa (I129), need your advice!

[Fan_Dancer 171]

South Carolina has no waiting period after the divorce is final, so he could re-marry the next day.

When did he petition for his first wife, does the 2 year rule apply?

[Zedayn 485]

He would need a waiver if he has an approved I-129F petition that is less than 2 years old, or this petition will be his 3rd one. I needed a waiver with my petition. You basically just write a letter requesting the waiver and the reasons why, and this letter is included in your I-129F petition. In my case, I explained that my ex had left the marriage, and that I had withdrawn all of my support of her AOS application. I included a copy of the divorce decree and a letter from USCIS confirming my withdrawal. I didn't have any problems.

[steve n songsang 45]

I agree with Zedayn, but going over the original post, if he and his ex were married in aug.,2012 it is possible he will be past the 2 yr. period requiring a waiver by the time he files a new I-129-F. Someone with more knowledge than I will have to comment on the issue of this man`s ongoing responsibilities...(theI-864)One point I am sure of,NO letter is needed to explain filing the new I-129-F so soon after a divorce. As I said tho,if he moves forward with this petition,it is definitely a case that will require extensive "frontloading".

[raven52 233]

He was married July or August of 2012. He will not file K-1 before Sept. 2014, for the 2nd wife. The wife he is divorcing, did get her 2 yr. GC..,,,.she has gone back to the Phils..,.,.,and she signed all necessary paperwork for the divorce to be ended, especially, ADMITTING ADULTRY.,.,,.,this is a huge deal in South Carolina. I see no way she could ever come back to the US. Even if she found a way, the divorce would be final.

But, I do worry, does my friend have and finical worries for his to be, ex-wife?

Married July or August 2012. Will not petition until Sept. 2014. With an extensive cover letter explaining the events of the past 2 years.

Any suggestions, or forseeable "pitfalls" please let me know.,.,.,thanks for all the help!

[novedsac 355]

My question was purely technical.,.,.,when can he legally file a K-1?

That's easy - he can legally file the K1 as soon as he has met all the requirements.

[raven52 233]

Novedsac,

I really appreciate your in-depth answer to my question, it amazes me how knowledgeable you are..,,.and your skills of relating information is amazing, you are simply brilliant!

You are a senior member.,.,and are you not proud of your time line, or do you not have a timeline, but a man of your knowledge, and expert answers, I am sure there is a "fantastic" answer.,.,.,cannot wait to see if you find a timeline!

Have a great day!

[Unknown Guest 15]

why limit himself to a Filipino wife? Theres a whole world of women out there he can choose from. But to answer your original question, he prob. needs to be legally divorced and have met the woman before he can file again.

He has had time to heal, think of his life, and what he wants to do, and he wants a Filipino wife, just as I have and both our our friends, Steve has.

Edited July 1, 2014 by Unknown Guest

[Elizabeth+Fred 35]

He was married July or August of 2012. He will not file K-1 before Sept. 2014, for the 2nd wife. The wife he is divorcing, did get her 2 yr. GC..,,,.she has gone back to the Phils..,.,.,and she signed all necessary paperwork for the divorce to be ended, especially, ADMITTING ADULTRY.,.,,.,this is a huge deal in South Carolina. I see no way she could ever come back to the US. Even if she found a way, the divorce would be final.

But, I do worry, does my friend have and finical worries for his to be, ex-wife?

Married July or August 2012. Will not petition until Sept. 2014. With an extensive cover letter explaining the events of the past 2 years.

Any suggestions, or forseeable "pitfalls" please let me know.,.,.,thanks for all the help!

Well.. the support 'contract' he has with the U.S. Government (through his submitted I-864 Affidavit of Support) ends when:

"11. How Long Does My Obligation as a Sponsor Continue?

Your obligation to support the immigrant(s) you are sponsoring in this affidavit of support will continue until the

sponsored immigrant becomes a U.S. citizen, or can be credited with 40 qualifying quarters of work in the United States.

Although 40 qualifying quarters of work (credits) generally equate to 10 years of work, in certain cases the work of a

spouse or parent adds qualifying quarters. The Social Security Administration can provide information on how to

count qualifying quarters (credits) of work.

The obligation also ends if you or the sponsored immigrant dies or if the sponsored immigrant ceases to be a lawful

permanent resident and departs the United States. Divorce does not end the sponsorship obligation."

Although divorce in itself does NOT terminate the support contract, she DID leave the U.S. That could be the start

of her no longer qualifying as a Legal Permanent Resident, which would terminate your friend's support obligations.

So, he probably should spend some time trying to find out what her current status *IN THE US* is...

[raven52 233]

novedsac and Elizabeth=Fred,

This post was in first week of June.,.,.,.,..WHY am I being harassed with this non-issue to me..,,.at this point in time 4-5 months later?

Please do not clutter up my e mail with your responses, over 4 months later..,..,.,if you cannot say something constructive, or just supportive, please say nothing!

raven52

[TBoneTX 43,433]

Passé thread closed.