A Second K1 Journey

[mflo2002 0]

Hi everyone,

 

I've done a little research and it seems that applying for a second K1 (as the US citizen petitioner) can be done, and it's not something that needs a waiver or anything extraordinary until it becomes the third or onwards.

 

However, I'm wondering if i am sitting well with this considering the timeline with my ex. We did the K1 process and married stateside in 2014, which granted the temporary green card. We separated in 2017 and got divorced in 2019 and at that time my ex filed for a new permanent green card application with the waiver that we are divorced. As far as I know that process has not completed for my ex (some errors the lawyer made in the application initially and COVID delaying things).

 

Now considering the new application of my ex with the waiver, that this unbinds me from that process and I am free from obligations and that I am eligible to pursue something different as I would like to apply for a new K1 with my new partner. Am I correct on this?

 

Additionally, considering our timeline (in this new relationship) together is not so lengthy and is not intertwined with situations such as cohabitation, and I can't apply for official things such as a joint bank account, am I at risk of denial for a new K1? The best i can think of is us applying for a civil union in this country. Beyond that I could only provide proof of travel tickets that we have traveled together, obviously photos, and letters from my partners' family in this country.

 

Thanks for any advice on this!

Edited March 13, 2021 by mflo2002

[Lucky2Lucky 2,526]

You filing a previous k1 has no impact on your current (potential) k1 nor on your ex’s green card. You, however, are not unbound/free from the I-864 affidavit of support for her. You signed that contract and you are only free from it when she becomes a US citizen, works 40 quarters, terminates her LPR status or dies. 
 

It is not expected to have joint accounts with a fiancé. (Personally I follow the don’t have joint anything until you are fully committed aka married) As you know to file a k1 you have to be free to marry and have had to meet in the last two years. It’s optional to send further “evidence” initially. Is your fiancé from a high fraud country or is your relationship not the cultural norm? If not, then you really have nothing to worry about.

[mflo2002 0]

Just now, Luckycuds said:

You filing a previous k1 has no impact on your current (potential) k1 nor on your ex’s green card. You, however, are not unbound/free from the I-864 affidavit of support for her. You signed that contract and you are only free from it when she becomes a US citizen, works 40 quarters, terminates her LPR status or dies. 
 

It is not expected to have joint accounts with a fiancé. (Personally I follow the don’t have joint anything until you are fully committed aka married) As you know to file a k1 you have to be free to marry and have had to meet in the last two years. It’s optional to send further “evidence” initially. Is your fiancé from a high fraud country or is your relationship not the cultural norm? If not, then you really have nothing to worry about.

Ah thanks that's good to know! Last time I did the K1 we had lived together for two years and had like 100 pages of proof of the relationship lol. This time it would be much less proof.

 

As for the financial burden to my ex, how does that impact me for the future? Do I need to meet the federal poverty level for 3 people?

[Nitas_man 3,100]

Second K1 - not an issue

No joint anything needed for a fiancé visa

Your household size MAY include your previous spouse depending on your situation 

[Coco8 1,039]

Have you met the woman you want to file a K1 for?

[mflo2002 0]

2 minutes ago, Coco8 said:

Have you met the woman you want to file a K1 for?

Yes we're currently in a hotel room together. 🤭❤️ Just we've gotten very serious and considering this possibility.

[mflo2002 0]

I have another question. Here in this country (Colombia) they give marriage visas to a foreigner in a civil union.

 

In the eyes of the US, would the civil union make us ineligible for the K1 process? I'm just looking at the civil union as a way for us to stay together here more permanently while waiting for the K1 time haul and then actually get married in the US.

[ineedadisplayname 443]

2 minutes ago, mflo2002 said:

I have another question. Here in this country (Colombia) they give marriage visas to a foreigner in a civil union.

 

In the eyes of the US, would the civil union make us ineligible for the K1 process? I'm just looking at the civil union as a way for us to stay together here more permanently while waiting for the K1 time haul and then actually get married in the US.

Looks like that civil union is very similar to a common law marriage in the US, so probably it does have implications for k1

https://colombiamarriagevisa.com/colombia-civil-union/

[aaron2020 11,651]

4 minutes ago, mflo2002 said:

I have another question. Here in this country (Colombia) they give marriage visas to a foreigner in a civil union.

 

In the eyes of the US, would the civil union make us ineligible for the K1 process? I'm just looking at the civil union as a way for us to stay together here more permanently while waiting for the K1 time haul and then actually get married in the US.

Be careful.

 

A civil union may make you too "married" for a K-1 and not "married" enough for a CR-1 spousal visa.  

 

Either stay single and go for the K-1 or get marry and go for the CR-1.

[payxibka 10,044]

As an aside. No proof of relationship is required with the petition.   

[mflo2002 0]

Thanks everyone. A shame I can't go that route so we can stay together more in the meantime, but anyways I guess I'll continue my questions here. 🙈 

 

In part of the application's required documentation:

 

"or a copy of ALL pages of the US Citizen's passport issued with a validity of at least 5 years"

 

Does this mean the type of passport has to have a total validity of at least 5 years? Or it has to have a remaining validity of at least 5 years?

 

I ask because my passport expires in 7 months. I plan to renew it once I return stateside, but obviously I'd rather not wait for the renewal before submitting the K1 application. That will just add an extra month or two to the wait.