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Filed: Other Timeline
Posted

Hi guys, my situation is a little strange and I hope I am posting in the right forum.

So, I married my spouse several years ago, and she is now a permanent resident. We separated a year or two later, our marriage just didn't work out.

I've worked overseas for a few years and met another woman and our relationship has become very serious. I have a few questions....: since i am still my wife's sponsor, if we get a divorce, can I sponsor a new spouse?

If not, how do I withdraw my affidavit of support? If I do withdraw my affidavit of support, can I then sponsor a new spouse? Will this look suspicious to USCIS for me to have sponsored two people?

Filed: Other Country: Canada
Timeline
Posted

Yes, you can sponsor another spouse. No, you cannot withdraw the affidavit of support.

Are they from the same country? A quick divorce and remarriage may look suspicious and like trafficking so be aware. You also would be required to have your household count + your ex spouse on the new affidavit. For example your new spouse, you and ex so 3 plus any minor children

Filed: AOS (pnd) Country: Ecuador
Timeline
Posted (edited)

If you are referring to Affidavit of Support form 1-864 required for AOS, yes you can sponsor another K-1 beneficiary, and no, you cannot withdraw the first Affidavit from your current wife. In fact, your responsibility as sponsor lasts until on of these occur; your wife becomes a U.S. citizen, has earned 40 work quarters credited toward Social Security (a work quarter is about three months, so this means about 10 years of work), permanently leaves the United States, or dies.

Like others had said, divorcing and getting married fairly quick doesn't necessarily means a denial, but it might raise a red flag, so be prepared for this and submit plenty of evidence with your petition. If I were you, I type a letter clearly explaining the circumstances and include it with the petition. Good luck to you.

Edited by MandyAlex

K-1 Petition - California Service Center

Sent by FedEx: Feb 9 2016

Received at CSC: Feb 10 2016

NOA1: Feb 12 2016

Approved/NOA2: May 31 2016

NOA1 TO NOA2: 111 Days

NVC Received: July 26, 2016

NOA2 TO NVC: 56 Days

NVC Case #: July 27, 2016

NVC Processing: 3 Business Days

NVC To Consulate: July 29, 2016

Consulate Received: Aug 1, 2016

Consulate Ready: Aug 5, 2016

Interview: Sep 19, 2016

(Visa Approved!)

POE: Oct 17, 2016

Wedding: Dec 22, 2016

Filed for AOS: May 5, 2017

 
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