Filing for a 3rd K1 Visa?

[FallenStar1987 0]

I have a few questions here regarding the K-1 and also I-130 spouse visa process. My situation is that I have used the K-1 twice, and brought 2 different women over here at different times, from different countries. Both marriages failed after 3 years of marriage for different reasons. Recently, I fell in love with a woman from Colombia and am exploring my options. Would it be a risky option to try and file a 3rd K-1 visa(with a waiver), or should I just wait it out, go marry here there in Colombia and do the I-130? I am interested in hearing some varying opinions on the matter. 

[Ben&Zian 4,397]

Did the previous two marriages result in both women staying in the US as LPR's or even gaining US citizenship? Are you still technically liable for them with the I-864's you had filled out for each during their AOS?

 

Those are a couple of the issues. 

 

As to applying for a 3rd K-1 visa, there are plenty of people who have and have not had any issues. Everything about the previous two need to be fully disclosed in the petition and your current fiance should be fully aware of them both and what happened (it sometimes comes up during interviews).

 

As to if doing the I-130, or CR-1 visa instead is better, that I'm not sure really. Probably does not make much of a difference honestly.

[Shiobhan 235]

Do it different, go get married there

There will be questions

Let the new wife know all the details of the past

Have things in order so it do not seem as if you are importing people

[FallenStar1987 0]

I'm not sure if I'm still technically liable for the first 2 spouses. One was in 2010, the other in 2014. Neither became citizens. How long would I be liable for them for? One of them is planning to become a citizen. I work 2 jobs and bring home 3,000 dollars a month after tax. I definitely think it would be better (and cheaper) to go to Colombia and marry, and later file an I-130. But I thought it would be kind of fun to go on the show 90 Day Fiancé, lol.

The thing is though, is that I could attempt a 3rd K-1, and if it fails, then could try the I-130 after getting married abroad? I guess I'd only have 485 dollars to lose on that one? Or maybe a denial could come directly at the embassy interview, and then more travel money wasted.

[geowrian 22,336]

1 minute ago, FallenStar1987 said:

I'm not sure if I'm still technically liable for the first 2 spouses. One was in 2010, the other in 2014. Neither became citizens. How long would I be liable for them for? One of them is planning to become a citizen. I work 2 jobs and bring home 3,000 dollars a month after tax. I definitely think it would be better (and cheaper) to go to Colombia and marry, and later file an I-130. But I thought it would be kind of fun to go on the show 90 Day Fiancé, lol.

The thing is though, is that I could attempt a 3rd K-1, and if it fails, then could try the I-130 after getting married abroad? I guess I'd only have 485 dollars to lose on that one? Or maybe a denial could come directly at the embassy interview, and then more travel money wasted.

If they are still LPRs and they have not worked for 40 quarters in the US, then you are still liable. Once they either abandon their LPR status, become a citizen, or worked 40 quarters in the US, you are no longer responsible for them in terms of the I-864. For future I-864/I-134 purposes, you must include them (and their dependents - at least as of the time filed) in your household size (as long as you are liable for them, as described prior).

https://www.uscis.gov/i-864p

 

Yes, you can do a 3rd K-1, but I think a CR-1 would probably be a better approach. Either way, the CO may assume that you are bringing people into the US for immigration purposes only...you'll likely need to show that the assumption is incorrect and the relationship is bona fide.