john_and_marlene

The consulate is not required to consider a sponsor other than the petitioner for a K1 visa. Even if they consider it, they have to be convinced that the cosponsor would actually provide support if it was needed. One way to take the discretion out of the hands of the consulate is to get married and be petitioned as spouse. For the spousal petition, the law specifies who can be a sponsor/joint sponsor and specifies specific income requirements and is not at the discretion of the consulate. In fact, the matter of support is settled even before the petition leaves the U.S. For the CR1/IR1 visa, the consulate has no role in considering validity/viability of sponsorship.

The consulate is not required to consider a sponsor other than the petitioner for a K1 visa. Even if they consider it, they have to be convinced that the cosponsor would actually provide support if it was needed. One way to take the discretion out of the hands of the consulate is to get married and be petitioned as spouse. For the spousal petition, the law specifies who can be a sponsor/joint sponsor and specifies specific income requirements and is not at the discretion of the consulate. In fact, the matter of support is settled even before the petition leaves the U.S. For the CR1/IR1 visa, the consulate has no role in considering validity/viability of sponsorship.

Without a sponsor with adequate income a denial is inevitable and should not be a surprise.

Consider yourself corrected. There is no statute of limitations regarding immigration fraud. Even after a person is dead, immigration benefits of surviving relatives can be revoked if based on that person's fraudulent status.

There is not enough information here to make any determination.
Was her first marriage in the Philippines or elsewhere?
Was her first marriage to another Filipino?
Was her first marriage ended by divorce in another country?
If the first marriage was ended by a foreign divorce, who petitioned for the divorce--her or her previous husband?
Was the second marriage in the Philippines?

It is not clear that the I-864 would be enforceable where it was executed for the issuance of a non-immigrant visa. It is clearly not intended or appropriate to execute such an agreement as a prerequisite to obtaining a visa that only authorizes a 90 day stay. In fact, guidelines in the adjudicators field manual dictate that it not be used for non-immigrant visas.

The consulate is not required to consider a sponsor other than the petitioner for a K1 visa. Even if they consider it, they have to be convinced that the cosponsor would actually provide support if it was needed. One way to take the discretion out of the hands of the consulate is to get married and be petitioned as spouse. For the spousal petition, the law specifies who can be a sponsor/joint sponsor and specifies specific income requirements and is not at the discretion of the consulate. In fact, the matter of support is settled even before the petition leaves the U.S. For the CR1/IR1 visa, the consulate has no role in considering validity/viability of sponsorship.

Without a sponsor with adequate income a denial is inevitable and should not be a surprise.

+1
In fact, I haven't seen anything yet in this thread that confirms any activity that would challenge her status.
So far I have only gathered 2 pieces of information that appear to be true: 1) She was married before 2) She did not get an annulment in the Philippines.
Those 2 pieces of information alone do not indicate immigration fraud or bigamy.
Several other crucial pieces of information are required before any determination of misrepresentation could be made and whether or not that misrepresentation would be material.
It is entirely possible with the information provided that no immigration violations have occurred.
I'm still waiting for answers to question in post #9

I'm 53, but often get mistaken for 52.

I'm 53, but often get mistaken for 52.

There needs to be some way of indicating that a post is giving bad information. It happens every day and unless there is some discouragement, bad advice and/or misinformation will be propogated.

There needs to be some way of indicating that a post is giving bad information. It happens every day and unless there is some discouragement, bad advice and/or misinformation will be propogated.

-1
This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

There needs to be some way of indicating that a post is giving bad information. It happens every day and unless there is some discouragement, bad advice and/or misinformation will be propogated.

-1
This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

-1
This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

-1
This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

-1
This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

-1
This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

-1
This is not accurate or helpful information. As long as you submit the I-130 petition and the I485 application before your VWP stay expires, you won't have any overstay issues and you can adjust status without ever leaving.

If you are currently residing in Honduras, it may be difficult to prove a hardship to be united with your wife in the U.S.

If you have income from a U.S. employer that will continue after you immigrate, that income can be used to satisfy the requirement. As a freelancer you may need a letter from the company establishing that you will continue to be given work in the future.

www.telloprah.com

Can you not obtain a divorce in your country? There's no law that requires you to divorce in the same place you were married.