Filing CR1 with previous K1 petition

[Camdally 3]

I filed a K1 in 2019 and my ex spouse and her two kids immigrated to the US in 2022. We got married a few week later. However, the marriage was a sham. Wife acted like a child from the get-go. I finally had enough after two years and filed for divorce. 

 

 

I've since met another person who I am going to marry. She lives in Brazil and we are going to do the Utah online wedding. After that I will fly to Brazil for the real ceremony. 

 

 

What difficulty will I have filing for CR1 after a failed marriage with a previously filed I129f? 

 

 

[Lil bear 4,650]

1 minute ago, Camdally said:

I filed a K1 in 2019 and my ex spouse and her two kids immigrated to the US in 2022. We got married a few week later. However, the marriage was a sham. Wife acted like a child from the get-go. I finally had enough after two years and filed for divorce. 

 

 

I've since met another person who I am going to marry. She lives in Brazil and we are going to do the Utah online wedding. After that I will fly to Brazil for the real ceremony. 

 

 

What difficulty will I have filing for CR1 after a failed marriage with a previously filed I129f? 

 

 

The relationship will be scrutinised so plan for several trips before filing and then several more between filing and her interview 

[S2N 529]

6 minutes ago, Camdally said:

I've since met another person who I am going to marry. She lives in Brazil and we are going to do the Utah online wedding. After that I will fly to Brazil for the real ceremony. 

Have you met in person yet?

[Camdally 3]

14 minutes ago, S2N said:

Have you met in person yet?

Yes. 

[Camdally 3]

22 minutes ago, Lil bear said:

The relationship will be scrutinised so plan for several trips before filing and then several more between filing and her interview 

I plan on filling after the ceremony in Brazil. By then I will have visited her twice. We are both limited on vacation time from work. But I plan to visit while waiting for the CR1. 

[Lil bear 4,650]

2 minutes ago, Camdally said:

I plan on filling after the ceremony in Brazil. By then I will have visited her twice. We are both limited on vacation time from work. But I plan to visit while waiting for the CR1. 

Work on as much co mingling  of finances as possible and also getting as much in joint names as possible during the 12-18 months you are waiting for the I130 approval 

[Camdally 3]

Just now, Lil bear said:

Work on as much co mingling  of finances as possible and also getting as much in joint names as possible during the 12-18 months you are waiting for the I130 approval 

This is what I was planning on doing. Thanks for the tips

[S2N 529]

If possible work on getting a certified copy of her passport so you can file taxes jointly with an ITIN. It’ll save you money and is evidence of commingling.

[milimelo 4,867]

Come AOS time, you'd still have to list prior spouse and children as people you sponsored and who are still under your AOS. 

[S2N 529]

19 minutes ago, milimelo said:

Come AOS time, you'd still have to list prior spouse and children as people you sponsored and who are still under your AOS. 

They’re doing CR-1/IR-1. AOS isn’t applicable. Have to list it on an I-130 for consular processing as well, though.

[milimelo 4,867]

5 minutes ago, S2N said:

They’re doing CR-1/IR-1. AOS isn’t applicable. Have to list it on an I-130 for consular processing as well, though.

Affidavit of Support (AOS) is and will be most certainly applicable. 

[S2N 529]

Just now, milimelo said:

Affidavit of Support (AOS) is and will be most certainly applicable. 

I’ve always seen AOS used as Adjustment of Status and never Affidavit of Support, which is why the comment you made was confusing. I-864/Affidavit of Support is obviously applicable here as well.

[TBoneTX 48,181]

9 hours ago, S2N said:

confusing

Since Day One.  I wish that one were "AfSup" or something distinctive.  However, that ship has sailed.

[Camdally 3]

15 hours ago, S2N said:

If possible work on getting a certified copy of her passport so you can file taxes jointly with an ITIN. It’ll save you money and is evidence of commingling.

She has a minor child. Would I be able to claim the child as a dependent or do they need a SSN? 

[S2N 529]

10 minutes ago, Camdally said:

She has a minor child. Would I be able to claim the child as a dependent or do they need a SSN? 

My read of this response to that question from the IRS is only if resident or adopted. If adopted, I would confirm with your tax advisor first.