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I-134 - Previously Submitted Affidavit of Support

#1 justsomebody

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Posted 28 March 2008 - 03:33 PM

On the I-134, I am not sure how would be best to answer this question:
"9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none."

I have never submitted a I-134 affidavit of support for anyone.
I have submitted a I-864 affidavit of support for my X-wife. The I-864 was submitted in March of 2000. We divorced in Feb of this year, 2008.
Should I answer yes to this question and give her name even though the affidavit of support was not the I-134?
I want to avoid answering "yes" if it will cause any red flags, but also don't want to answer "no" if the Embassy will find this information and use the answer of "no" as a reason for denial.
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#2 lucyrich

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Posted 28 March 2008 - 03:47 PM

The question is not "have you previously submitted an I-134". It's "have you previously submitted an affidavit of support".

Part of their reason for asking the question is to make sure you're capable of supporting everyone you've committed to support.

The fact that you've divorced your ex-wife in no way terminates your obligations under that I-864. The I-864 only terminates when you die, when she dies, when she becomes a citizen, when she leaves the country permanently, or when she accumulates 40 quarters of work for social security purposes.

I'm not sure exactly how they'll use the information, but they may want to make sure your income/assets are sufficient to support your ex-wife as well as your new proposed household.

It's possible that the old I-864 has terminated, either because your ex-wife became a citizen or because she accumulated 40 quarters of work credits. While married, she's credited with quarters that both she and her spouse earned, so it's theoretically possible to accumulate 40 quarters in five years.

At any rate, the question doesn't say to omit terminated affidavits of support, nor to omit affidavits of support that weren't I-134s. So you should list the I-864 that you've filled out. They'll probably find it anyway.
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04 Apr, 2004: Got married
05 Apr, 2004: I-130 Sent to CSC
13 Apr, 2004: I-130 NOA 1
19 Apr, 2004: I-129F Sent to MSC
29 Apr, 2004: I-129F NOA 1
13 Aug, 2004: I-130 Approved by CSC
28 Dec, 2004: I-130 Case Complete at NVC
18 Jan, 2005: Got the visa approved in Caracas
22 Jan, 2005: Flew home together! CCS->MIA->SFO
25 May, 2005: I-129F finally approved! We won't pursue it.
8 June, 2006: Our baby girl is born!
24 Oct, 2006: Window for filing I-751 opens
25 Oct, 2006: I-751 mailed to CSC
18 Nov, 2006: I-751 NOA1 received from CSC
30 Nov, 2006: I-751 Biometrics taken
05 Apr, 2007: I-751 approved, card production ordered
23 Jan, 2008: N-400 sent to CSC via certified mail
19 Feb, 2008: N-400 Biometrics taken
27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)
30 May, 2008: Naturalization interview, passed the test!
17 June, 2008: Naturalization oath notice mailed
15 July, 2008: Naturalization oath ceremony!
16 July, 2008: Registered to vote and applied for US passport
26 July, 2008: US Passport arrived.

#3 justsomebody

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Posted 28 March 2008 - 04:03 PM

Yes, I do see your point, and I will list the I-864.

Edited by msmuth, 28 March 2008 - 04:04 PM.

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#4 Gaby&Talbert

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Posted 28 March 2008 - 04:22 PM

1 month after your divorce and you are filing for a K1? blink.gif

Edited by Gaby&Talbert, 28 March 2008 - 04:23 PM.

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#5 flomagy

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Posted 28 March 2008 - 04:52 PM

QUOTE (Gaby&Talbert @ Mar 28 2008, 04:22 PM) <{POST_SNAPBACK}>
1 month after your divorce and you are filing for a K1? blink.gif


Perhaps they were seperated for a long time before hand....... unsure.gif
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CR-1
04/16/06 First met each other......
05/12/07 Married in Ica, Peru one year later

I-130
06/21/07 Sent in I-130 for CR1 Visa
07/28/07 NOA1
11/28/07 NOA2 (File approved!!!!)

NVC (Torture Time) Can you tell I'm a bit jaded right now?
12/21/07 NVC received file
12/31/07 Received I864 Bill
12/31/07 Received DS230 Bill
02/21/08 Sent I864 and DS230 Bill
03/14/08 Received Packet with Instructions from NVC
03/14/08 Sent Packet back to NVC Certified Mail
03/20/08 NVC Receives Packet
04/01/08 NVC sends back packet (missing info or incomplete according to NVC?) your kidding me right?!!!!!!!!
04/10/08 Received Packet with Checklist
05/01/08 Checklist Items overnighted to NVC (almost 1 year since we started the process...wow!)
05/07/08 Packet being returned AGAIN!!!(missing info or incomplete) Somebody just shoot me already!!
05/15/08 DS 230 II overnighted again (NVC claims they never received it)
05/23/08 Case Approval (Finally here!!!!) Case expedited to Lima.

Embassy

06/09/08 - Package 3 with instructions received
06/12/08 - Medical appointment
06/20/08 - Interview.....Visa Approved

#6 justsomebody

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Posted 28 March 2008 - 06:24 PM

This is personal and really is not relevant, but none the less.... I would like to make 1 point first though. When something doesn't make sense, in many cases it is because you don't have all the facts to see the situation clearly. This is the case in this situation.
The marriage was dead for 6 years and we remained together for the sake of our daughter. So, yes, 1 month after the legal divorce, but 6 years after the physical and emotional divorce.
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#7 BigCityDave

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Posted 29 March 2008 - 11:20 AM

QUOTE (msmuth @ Mar 28 2008, 05:24 PM) <{POST_SNAPBACK}>
This is personal and really is not relevant, but none the less.... I would like to make 1 point first though. When something doesn't make sense, in many cases it is because you don't have all the facts to see the situation clearly. This is the case in this situation.
The marriage was dead for 6 years and we remained together for the sake of our daughter. So, yes, 1 month after the legal divorce, but 6 years after the physical and emotional divorce.


Sorry to hear that. Yes here in VisaJourney it is really non of our business when it comes to such personal issues.
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Our Relationship
(09-27-06)Met in Hungary
(11-25-06)Fell in Love
(11-24-07)Met again in Hungary
(02-19-08)Met again in Hungary

K1 Visa Petition
(09-27-07)Preparing to send K1 Petition
(12-03-07)K1 Petition Sent US Postal Service
(12-11-07)Received NOA 1
(12-28-07)Touched
(03-11-08)Recieved NOA 2
(03-21-08)Recieved at NVC
(03-27-08)Sent from NVC
(04-02-08)Received Packet 3
(04-27-08)Medical Completed
(05-15-08)Received Packet 4
(05-29-08)Interview Date
(05-29-08)Visa given 40 mins after approval
(06-02-08)Arrival at the JFK and EAD given

#8 Gringita/Morenito

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Posted 01 April 2008 - 12:51 AM

QUOTE (msmuth @ Mar 28 2008, 05:24 PM) <{POST_SNAPBACK}>
This is personal and really is not relevant, but none the less.... I would like to make 1 point first though. When something doesn't make sense, in many cases it is because you don't have all the facts to see the situation clearly. This is the case in this situation.
The marriage was dead for 6 years and we remained together for the sake of our daughter. So, yes, 1 month after the legal divorce, but 6 years after the physical and emotional divorce.


I just want to wish you a lifetime of love and hapiness with your future wifey!!
  • 0
2007
Jun: I Met Elias in Peru
Oct: Returned to Peru. Elias proposed!!
Nov 26: Mailed I-129F to VSC
Nov 28: Rec. Signature Confirm of delivery from USPS
Nov 29: Check cashed ; rec. receipt number. E-NOA1

2008
Feb 14: Touch
Feb 14: NOA2 by email!
Feb 19: File Arrived @ NVC
Feb 20: Hard-copy NOA2
Feb 21: File Left NVC for Lima.
Feb 25: File @ U.S. embassy in Lima!
Mar 04: Rec. Packet 3/4
Mar 18: 8 a.m. My Morenito's Interview!!
Mar 25: VISA IN HAND!!!
Apr 4: My love is home!!!!
Apr 29: Our marriage. And life begins anew..
Dec 31: Mailed AOS, EAD, and AP to Chicago

2009
Jan 5: Rec. e-mail confirm of delivery from USPS
Jan 8: Check cashed. MSC number not visible....
Jan 12: Rec. Hard Copy Notices for AOS, EAD, and AP. Touched
Jan 16: Rec. NOA-Biometrics Scheduled 1/28/09
Jan 28: 9:00 a.m. Biometrics appt. Fast - 15 minutes in and out!
Jan 29: Touched.
Feb 3: AOS Trans. to CSC
Feb 10: AOS Arrived @ CSC
Mar 04: Touch on AOS
Mar 09: Notifice that AP approved 3/6/09
Mar 13: Rec. AP
Mar 16: Rec. EAD (surprised as USCIS shows no updates)
Apr 3: Rec Welcome Letter, AOS approved 03/30 (surprise, no updates on website)
Apr 8: GC Received
June 5: Our precious baby girl arrived!

2010
June 7: Our darling son arrived!



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