Seeking Advice

[William Lee]

Suspect there is a excellent change to pass thu the first time without any problem if:

 

1. First time getting married for both parties

2. US Born Citizen

3. Never petition for a foreigner before like a K1 Fiance visa

4. Financial stable, 2.5 times the need income but more the better

5, Older sister of beneficiary already in USA ( for me ).

6. NO criminal record and good credit.

 

Problems I see for me:

 

1, Age might be an issue being almost 25 years differences

2. I hope she is NOT using me to get over to the USA. My older

sister and I know of a few getting divorced later after getting out of China/Russian.

 

In Chinese, the call it cross over the bridge and pull the bridge behind you, something like that.

Edited August 13, 2008 by William Lee (see edit history)

[Guest Rob & Jin]

I petitioned for my wife (then fiancee)2 weeks after my divorce became final, so we too had met before.

 

I am not a born USC, no problem with visa, so I not really sure if that matters at all.

 

good luck

[Tonoue]

Thank you everyone, for your advice and life stories.

 

I feel better now having asked everyone here what to expect. Still a bit concerned, as this is undoubtedly one of most important steps I will do in my life (as I'm sure you all are). hehe

 

I think I should be OK. I meet the money requirement, we have plenty of documentation of our relationship....receipts, photos, and communication as we talk everyday on Yahoo and Skype (I LOVE SKYPE!!!! Greatest thing in the world!) And like I said before, this will be my first time petitioning, and some of you have assured me that it should go smoother that way.

I've read up on the "kitchen sink" list and seems pretty straight forward. I will definitly keep your advice close to heart when submitting.

 

Thanks again.

[yanzi0305]

Hello...I am Qiuqiu's good friend ,my name is Chunyan who is in Texas....Qiuqiu has been talking about you with me all the time .. she gave me this link, and here I am ...I am so happy for you guys ,I know you got through a lot of things ...Don't worry too much as long as your relationship with Qiuqiu is true(I am sure it's true) ...I could understand being separated with someone who you love is a very painful thing,but this is the last step ,right? Good luck !!!

[warpedbored]

One thing that seems to have been overlooked is the ex wife was here on a work visa when you married her. A work visa is temporary so unless she was a legal permanent resident she would have had to adjust status based on her marriage to you.

[Missingyou]

One thing that seems to have been overlooked is the ex wife was here on a work visa when you married her. A work visa is temporary so unless she was a legal permanent resident she would have had to adjust status based on her marriage to you.

 

 

This is what I was to point out too. If your ex-wife was here on work visa before, then how did she stay after her work visa expired? Did she marry to you then got her green card? If so, this is something you have to look into too. From reading your posts, you seem to not know much about petitioning...so, did you apply for adjust of status for your ex-wife or her company helped her to do that? Were you part of this adjustments at all?

[Tonoue]

One thing that seems to have been overlooked is the ex wife was here on a work visa when you married her. A work visa is temporary so unless she was a legal permanent resident she would have had to adjust status based on her marriage to you.

 

 

This is what I was to point out too. If your ex-wife was here on work visa before, then how did she stay after her work visa expired? Did she marry to you then got her green card? If so, this is something you have to look into too. From reading your posts, you seem to not know much about petitioning...so, did you apply for adjust of status for your ex-wife or her company helped her to do that? Were you part of this adjustments at all?

 

OK, I've never been one to understand things unless they are very specifically laid out. Throw a subtle hint my way, and most of the time I will miss it. I dunno what it is, just the way my mind works. But I am getting better as time goes on. So, needless to say, first time married and going through this process I had no idea what to do whatsoever. Government papers and forms using legal terms I've never heard of tend to look like greek to me so I was kinda lost no matter how hard I tried to understand. My ex-wife on the other hand (a master of the subtle hint art form), understood everything we needed to do, so I mainly followed her lead in the whole process.

We married before her visa expired. We had support and backing from my family, so once we had the marriage papers in hand, we started filling for her green card and status change. Did the interview, no problems, not many questions, everything Okie Dokie. Got her green card.

There were times when I couldn't be there in the process due to work, but she didn't mind. She would say "Honey, don't worry, just go to work and I'll take care of everything else." So, I did. *shrug*

[Tonoue]

Hello...I am Qiuqiu's good friend ,my name is Chunyan who is in Texas....Qiuqiu has been talking about you with me all the time .. she gave me this link, and here I am ...I am so happy for you guys ,I know you got through a lot of things ...Don't worry too much as long as your relationship with Qiuqiu is true(I am sure it's true) ...I could understand being separated with someone who you love is a very painful thing,but this is the last step ,right? Good luck !!!

 

Hello Chunyan,

 

I've heard so much about you! I called QiuQiu this morning and she said she was talking to you.

Thank you for your support. I know QiuQiu truely treasures you as her friend. She wants to meet you so much in person when she comes here.

I hope to talk with you more and get to know you and your Lao Gong.

Thanks so much for posting here. It means a lot.

[rondrum42]

Whatever you both decide, Good Luck to you, and remember,

PAITENTS and ORGANIZATION are what will get you through this

process. Welcome to CFL! Lot's of great advice here.

[warpedbored]

Immigration law changes so depending on how long ago you and your ex married you may or may not be on the hook for the I-864. My ex wife is from Japan but she came here on a tourist visa when we married. No visa petition was ever filed. This was 28 years ago and there was no conditional green card in those days. I don't recall there even being an I-864. That was so long ago I don't remember what forms were filed. When I filed for my wife on the I-129 F where it asks "Have you filed for this or any other alien fianc'e(e) before" I put no since I had never filed an I-129 F before. It must have been OK, my wife has been here over 4 years now.

[Randy W]

One thing that seems to have been overlooked is the ex wife was here on a work visa when you married her. A work visa is temporary so unless she was a legal permanent resident she would have had to adjust status based on her marriage to you.

This isn't correct - sponsoring companies can renew the work visa and also apply for the green card, with or without a husband.

[Cathy]

We married before her visa expired. We had support and backing from my family, so once we had the marriage papers in hand, we started filling for her green card and status change. Did the interview, no problems, not many questions, everything Okie Dokie. Got her green card.

So, you do have a petition for your ex.

[Tonoue]

We married before her visa expired. We had support and backing from my family, so once we had the marriage papers in hand, we started filling for her green card and status change. Did the interview, no problems, not many questions, everything Okie Dokie. Got her green card.

So, you do have a petition for your ex.

 

A petition for a green card, yes. But not for a fiancee visa.

From what I understood in the previous posts from the other people, a petition for a fiancee visa would look the worst......or did I misunderstand that? Is it any kind of petition?

[Sebastian]

We married before her visa expired. We had support and backing from my family, so once we had the marriage papers in hand, we started filling for her green card and status change. Did the interview, no problems, not many questions, everything Okie Dokie. Got her green card.

So, you do have a petition for your ex.

 

A petition for a green card, yes. But not for a fiancee visa.

From what I understood in the previous posts from the other people, a petition for a fiancee visa would look the worst......or did I misunderstand that? Is it any kind of petition?

 

Her green card is based on marriage, to you (assumption). If that assumption is true,

then you filed the AOS paperwork pile, in that pile was an I-864, an affadavit of support. Have a copy? Her 'A' number is there, you'll need to fill that in, on the petition for yer current lass.

 

She has to 'not have been a public charge' for 40 quarters, or 10 years. If during those 10 years, she uses any type of federal assistance, there is __**POSSIBILITY**__ that the Federal Government will 'ding' you and submit a bill to you to be reimbursed. I've never heard of it happening, but there's been FACTS posted on this board, stating that it could be something to consider.

 

Also, when figuring the 'household size' for the 'poverty level guidelines', include the ex in your 'household size' - pick the right number - see if you fall above the poverty guidelines.

 

Note - re-read what I wrote here about 4 times, maybe it will sink in ? It's kinda important..

Edited August 20, 2008 by Darnell (see edit history)

[Randy W]

 

Her green card is based on marriage, to you (assumption). If that assumption is true,

then you filed the AOS paperwork pile, in that pile was an I-864, an affadavit of support. Have a copy? Her 'A' number is there, you'll need to fill that in, on the petition for yer current lass.

 

She has to 'not have been a public charge' for 40 quarters, or 10 years. If during those 10 years, she uses any type of federal assistance, there is __**POSSIBILITY**__ that the Federal Government will 'ding' you and submit a bill to you to be reimbursed. I've never heard of it happening, but there's been FACTS posted on this board, stating that it could be something to consider.

 

Also, when figuring the 'household size' for the 'poverty level guidelines', include the ex in your 'household size' - pick the right number - see if you fall above the poverty guidelines.

 

Note - re-read what I wrote here about 4 times, maybe it will sink in ? It's kinda important..

 

This covers "means-tested" benefits only - "Federal means-tested benefits currently include SSI (Supplemental Security income), TANF (Temporary Assistance for Needy Families), food stamps, Medicaid, and State Child Health Insurance Programs (SCHIP). State and local means-tested benefits vary by jurisdiction. Earned benefits such as Social Security retirement, Unemployment Compensation, and Workman¡¯s Compensation" are not included.

 

The USCIS does not actively participate in any collection effort.

USCIS is not directly involved in enforcing an Affidavit of Support sponsor¡¯s obligation to reimburse an agency for means tested public benefits. USCIS does, however, make information about the sponsor available to an agency seeking reimbursement. Upon the receipt of a duly issued subpoena, USCIS will provide the agency with a certified copy of a sponsor¡¯s Form I-864.

 

http://www.uscis.gov/files/article/AffSuppAFM062706.pdf

Edited August 20, 2008 by Randy W (see edit history)