K1 visa for girlfriend of married American citizen

[eliquir]

Hi, I am an American living in Peru, but soon will be returning to the US. My husband (Peruvian, but naturalized US citizen) knocked up his girlfriend/cousin, and I think (no proof) that he will try to take her on a K1 visa, though he has no plans on divorcing me. I sent a message through the US embassy's feedback form online, and received the message saying that if I knew for sure he was doing it, I could contact the NVC and denounce him for fraud. First of all, I don't have proof, but there is a lot of circumstantial evidence pointing that way. Second, I don't want to denounce him for fraud, I just want her to STAY HERE IN PERU! Then maybe she will just disappear.

What are the implications for my husband if I do choose to report this? I don't want him to end up in jail, seeing as we have four boys. I just don't want her to be able to go up there. Also, can a married person actually even apply for a K1 visa, without first divorcing the present spouse?

[barbarajlw]

Hi, I am an American living in Peru, but soon will be returning to the US. My husband (Peruvian, but naturalized US citizen) knocked up his girlfriend/cousin, and I think (no proof) that he will try to take her on a K1 visa, though he has no plans on divorcing me. I sent a message through the US embassy's feedback form online, and received the message saying that if I knew for sure he was doing it, I could contact the NVC and denounce him for fraud. First of all, I don't have proof, but there is a lot of circumstantial evidence pointing that way. Second, I don't want to denounce him for fraud, I just want her to STAY HERE IN PERU! Then maybe she will just disappear.

What are the implications for my husband if I do choose to report this? I don't want him to end up in jail, seeing as we have four boys. I just don't want her to be able to go up there. Also, can a married person actually even apply for a K1 visa, without first divorcing the present spouse?

For starters you need to report this as soon as you have real proof and second no he cant sponsor a K1 as he is married. He would have to divorce you and then do it . You must be a strong woman to want to keep him. Good luck

[eliquir]

Barbara, thanks for your reply. Like I said before, I worry what will happen to him if I report him. What is likely to happen? I don't have any real proof, just my so-called "radar" (according to my FIL). I recently hacked his email and saw that he was looking for an engagement ring for her, but he can't even marry her, and he doesn't want a divorce. Our marriage is not registered in Peru, but he still can't marry her without a divorce certificate from the US.

My other question is, when K1 visas are processed, do the processers actually verify that the petitioner is unmarried?

Thanks again for your reply.

[fran111]

sorry for all that

they will need to see his taxes so yes they will probably know he is already married

[barbarajlw]

Barbara, thanks for your reply. Like I said before, I worry what will happen to him if I report him. What is likely to happen? I don't have any real proof, just my so-called "radar" (according to my FIL). I recently hacked his email and saw that he was looking for an engagement ring for her, but he can't even marry her, and he doesn't want a divorce. Our marriage is not registered in Peru, but he still can't marry her without a divorce certificate from the US.

My other question is, when K1 visas are processed, do the processers actually verify that the petitioner is unmarried?

Thanks again for your reply.

Yes they will do checks on taxes also and then they will find out for sure. On a 129f petition if he filed it he would have to prove that he is free to marry and if he was would have to show dicvorce decrees if he had been married previously but then he could lie on that too on the original application. But what happens is if it got to interview stage for this woman then he has to send her and I-134 affadavit of support and supply financial information. I would strongly suggest you contact an immigration lawyer wjo can advise you of what to do. Make sure you find a reputable one as there are horrific stories of shonky lawyers out there.
Did you marry in the USA? If so and he tried to get a K1 visa USCIS would do a check and his records would show he is married to you. I know you don't want him in jail and I understand that for your sons sake but you need to do something as what he is planning if he does do this is illegal and will make worse complications later on. Let me know how you get on ok.

[eliquir]

We have been in Peru for three years, so he really hasn't filed any taxes (as far as I know) in that time. Now that he is up there, (he went in November, we are going in two weeks--boys had to finish school, etc.), he will have to file for the last six weeks of this year. Even the financial support...I don't know how much proof he can show, since he has been down here, and pretty much everything has been on a cash basis. He sends me money, he sends her money. And yes, we did get married in the US, so I guess I should hope they check.

I will try to find a lawyer once we get back, at least for some advice as to what could happen. I will let you know what happens.