old and new
Apr 26th 2009, 3:20 am
#1
waiting for 4 years
Thread Starter
Joined: Dec 2003
Posts: 116
old and new
many of you know My mexican wife Lety and i divorced she came back and left again so i canceled my support for her Now i am going to maybe marry a Philippine woman and go the rt of 129 f again do any of you seen any problems since i already brought one fiance here 5 years ago
Apr 26th 2009, 4:38 am
#2
BE Enthusiast
Joined: Jul 2007
Posts: 601
Re: old and new
many of you know My mexican wife Lety and i divorced she came back and left again so i canceled my support for her Now i am going to maybe marry a Philippine woman and go the rt of 129 f again do any of you seen any problems since i already brought one fiance here 5 years ago
youll save yourself a lot of trouble marrying an American philippino woman. No more filing, no more support, no more waiting, no more CIS. 
On the serious note; I don't see any problems --- Normal marriages end with normal divorces. USCIS is well aware of that fact. Besides the 129F is a way to get a foreign spouse in after you pay a fee.
Apr 26th 2009, 12:38 pm
#3
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: old and new
Warning though... if this marriage doesn't work out and you seek to bring a non-USC to the US, you will need a waiver.
But, that aside, I don't see any issues.
Ian
Apr 26th 2009, 6:02 pm
#4
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,679
Re: old and new
If not, then I believe you ARE still on the hook for the I-864 and you must declare that on your new fiancee's Affidavit of Support paperwork.
Rene
Apr 26th 2009, 8:23 pm
#5
Concierge
Joined: Apr 2001
Posts: 46,393
Re: old and new
Jim
Good to see you again and I do hope this is the magic lady for you. I agree with Rene, you cannot just cancel your support of her, i.e. cancel the I-864. That is in effect until the time she:
1. Leaves the US and gives up her PR status;
2. Is deported and her PR status is revoked;
3. Becomes a US citizen;
4. Works 10 years/40 quarters under social security; or
5. Dies.
The USCIS will bear your signed and enforceable I-864 when you petition for this new lady in your life. You "have" to put down that you have petitioned someone else in the pass and you have to put down that you have financially sponsored her via the I-864.
Good to see you again and I do hope this is the magic lady for you. I agree with Rene, you cannot just cancel your support of her, i.e. cancel the I-864. That is in effect until the time she:
1. Leaves the US and gives up her PR status;
2. Is deported and her PR status is revoked;
3. Becomes a US citizen;
4. Works 10 years/40 quarters under social security; or
5. Dies.
The USCIS will bear your signed and enforceable I-864 when you petition for this new lady in your life. You "have" to put down that you have petitioned someone else in the pass and you have to put down that you have financially sponsored her via the I-864.
Apr 29th 2009, 7:39 pm
#7
Concierge
Joined: Apr 2001
Posts: 46,393
Re: old and new
Jim, strange how you think of something long after the fact.
If I'm remembering correctly, during the course of your separation and divorce from Lety, didn't she file an order of protection against you? And yes, I remember you saying you hadn't done anything to warrant the order.
If so, that might show up when they do a security check on you for the K-1. If it does show up, I believe the beneficiary is notified of the charge. Is she fully aware of the problems you and Lety had during your separation and divorce.
If I'm remembering correctly, during the course of your separation and divorce from Lety, didn't she file an order of protection against you? And yes, I remember you saying you hadn't done anything to warrant the order.
If so, that might show up when they do a security check on you for the K-1. If it does show up, I believe the beneficiary is notified of the charge. Is she fully aware of the problems you and Lety had during your separation and divorce.
May 7th 2009, 3:25 am
#8
waiting for 4 years
Thread Starter
Joined: Dec 2003
Posts: 116
Re: old and new
yes however nothing was filed against me i just obeyed the restraining order and here in MO unless you break this it is a crime Lety and I are talking and she wants to come back ,but I am not sure >lety will be a USC soon .she uses her mexican name and no longer married name . we are leagally divorced I went to the KC office and they asked me to write a letter saying that i wish to withdraw my sponsership for her and her son
May 7th 2009, 5:56 am
#9
BE Forum Addict
Joined: Jun 2005
Posts: 1,131
Re: old and new
What you mean Lety will become a USC soon. My understanding is she got approved for her I-751 waiver and will be filing N400 based on 5 year PR right?
May 7th 2009, 1:31 pm
#11
Concierge
Joined: Apr 2001
Posts: 46,393
Re: old and new
yes however nothing was filed against me i just obeyed the restraining order and here in MO unless you break this it is a crime Lety and I are talking and she wants to come back ,but I am not sure >lety will be a USC soon .she uses her mexican name and no longer married name . we are leagally divorced I went to the KC office and they asked me to write a letter saying that i wish to withdraw my sponsership for her and her son
Well if you ever heard that it was allowed please let us know. As the attorneys here and written material has stated, you are her and her son's financial sponsor until she either dies, becomes a USC, leaves the US and relinquishes PR status either voluntarily or through deportation or has worked for 40 quarters/10 years under social security rules.
I had forgotten (or perhaps didn't known) that she had a son from a prior relationship. I remember the K-1, the wedding dress, etc. but not the son.
May 15th 2009, 10:06 am
#13
American Expat
Joined: Jan 2004
Posts: 7,598
Re: old and new
What do you mean by "I canceled my support for her"? Did she leave the USA and move back home and give up her green card? Did she become a USC?
If not, then I believe you ARE still on the hook for the I-864 and you must declare that on your new fiancee's Affidavit of Support paperwork.
Rene
If not, then I believe you ARE still on the hook for the I-864 and you must declare that on your new fiancee's Affidavit of Support paperwork.
Rene
Has anyone ever been forced to pay based on an Affidavit of Support or is it all just a crock?
May 15th 2009, 11:59 am
#14
Concierge
Joined: Apr 2001
Posts: 46,393
Re: old and new
If you search the archives on the old Usenet forum, you will see one or two cases where a very smart divorce attorney had been able to secure alimony for their client based on the affidavit of support.
Since the AOS is meant to the secure the government's position in claiming reimbursement for means tested benefits the worry of having it enforced is negible. I would worry about the alimony though since that might well be based on the lifetime of the divorced spouse if the conditions are right.
May 15th 2009, 12:48 pm
#15
American Expat
Joined: Jan 2004
Posts: 7,598
Re: old and new
If you search the archives on the old Usenet forum, you will see one or two cases where a very smart divorce attorney had been able to secure alimony for their client based on the affidavit of support.
Since the AOS is meant to the secure the government's position in claiming reimbursement for means tested benefits the worry of having it enforced is negible. I would worry about the alimony though since that might well be based on the lifetime of the divorced spouse if the conditions are right.
Since the AOS is meant to the secure the government's position in claiming reimbursement for means tested benefits the worry of having it enforced is negible. I would worry about the alimony though since that might well be based on the lifetime of the divorced spouse if the conditions are right.
That's why if I were to bring in a woman from a foreugn country to live with me, it would be a J-1, instead of a K-1. I'd have to make sure that 212(e) applied though....
Since I am happily married to a USC I never had to put my plan into action.