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Seattle2Cebu

divorced from first k-1

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

The answer will depend on several things.... is your ex-wife still in the US? Was she approved for a greencard? has she worked in the US?

If you filed for AOS for your ex-wife then you are still bound by the Affidavit of Support unless on of the following happens...

1. She leaves the US permenently

2. She earns 40 Social Security Credits (10 Years of working)

3. She becomes a US Citizen

4. She dies.

5. You die..

Divorce does not cancel the Affidavit of Support.... So you may well have to count her in you calculations of Household totals when completing your new Affidavit of Support....

Kez

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

The answer will depend on several things.... is your ex-wife still in the US? Was she approved for a greencard? has she worked in the US?

If you filed for AOS for your ex-wife then you are still bound by the Affidavit of Support unless on of the following happens...

1. She leaves the US permenently

2. She earns 40 Social Security Credits (10 Years of working)

3. She becomes a US Citizen

4. She dies.

5. You die..

Divorce does not cancel the Affidavit of Support.... So you may well have to count her in you calculations of Household totals when completing your new Affidavit of Support....

Kez

Not to only be saying "me too", but, well, this interpretation is also the way I understand AOS.


------------------K1 Timeline------------------

05 Jul 2007: Mailed I129F petition

06 Jul 2007: CSC received petition

09 Jul 2007: NOA-1 Issued

10 Jul 2007: My check clears the bank

13 Jul 2007: I receive NOA-1 in the US Mail

19 Nov 2007: Touched

19 Nov 2007: USCIS website shows APPROVED

23 Nov 2007: I receive NOA-2 in the US Mail

12 Dec 2007: NVC receives petition

14 Dec 2007: NVC ships petition to Moscow embassy

19 Dec 2007: Moscow embassy receives petition

26 Feb 2008: Interview at Moscow embassy

13 Mar 2008: Received visa

18 Mar 2008: POE in Atlanta

09 May 2008: Wedding

-----------------AOS Timeline------------------

16 Jun 2008: Submittal for AOS

23 Jun 2008: NOA1 for AOS (I485, I765, I131)

24 Jun 2008: AOS checks cashed

15 Jul 2008: Biometrics appointment

04 Sep 2008: Received I-485 Interview letter

05 Sep 2008: AP/EAD Approved

08 Sep 2008: AP/EAD Received

29 Sep 2008: I-485 Interview (I-551 Stamp received)

07 Oct 2008: Green cards received

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

The answer will depend on several things.... is your ex-wife still in the US? Was she approved for a greencard? has she worked in the US?

If you filed for AOS for your ex-wife then you are still bound by the Affidavit of Support unless on of the following happens...

1. She leaves the US permenently

2. She earns 40 Social Security Credits (10 Years of working)

3. She becomes a US Citizen

4. She dies.

5. You die..

Divorce does not cancel the Affidavit of Support.... So you may well have to count her in you calculations of Household totals when completing your new Affidavit of Support....

Kez

Not to only be saying "me too", but, well, this interpretation is also the way I understand AOS.

Part 5 number 25 F on the I-864 is where the household size is calculated. There, you will see this.

If you have sponsored any other persons on an I-864 or I-864 EZwho are now lawful permanent residents, enter the number here.

On the initial I-134, it's section nine, where you will read this.

That I have previously submitted affidavit(s) of support for the following person(s). If none, state "None."

So, yes, unless one of the conditions already mentioned is fulfilled, you will be counting your first K1 applicant. If one of those conditions is met, you still count them on the form, but I suppose you could attach a cover letter indicating why you think your obligation has ceased, if needed.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

The answer will depend on several things.... is your ex-wife still in the US? Was she approved for a greencard? has she worked in the US?

If you filed for AOS for your ex-wife then you are still bound by the Affidavit of Support unless on of the following happens...

1. She leaves the US permenently

2. She earns 40 Social Security Credits (10 Years of working)

3. She becomes a US Citizen

4. She dies.

5. You die..

Divorce does not cancel the Affidavit of Support.... So you may well have to count her in you calculations of Household totals when completing your new Affidavit of Support....

Kez

Not to only be saying "me too", but, well, this interpretation is also the way I understand AOS.

Part 5 number 25 F on the I-864 is where the household size is calculated. There, you will see this.

If you have sponsored any other persons on an I-864 or I-864 EZwho are now lawful permanent residents, enter the number here.

On the initial I-134, it's section nine, where you will read this.

That I have previously submitted affidavit(s) of support for the following person(s). If none, state "None."

So, yes, unless one of the conditions already mentioned is fulfilled, you will be counting your first K1 applicant. If one of those conditions is met, you still count them on the form, but I suppose you could attach a cover letter indicating why you think your obligation has ceased, if needed.

One probably could attach such a letter, but it'd be pointless for them to do so (given the clear instructions laid out on the form).

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

The answer will depend on several things.... is your ex-wife still in the US? Was she approved for a greencard? has she worked in the US?

If you filed for AOS for your ex-wife then you are still bound by the Affidavit of Support unless on of the following happens...

1. She leaves the US permenently

2. She earns 40 Social Security Credits (10 Years of working)

3. She becomes a US Citizen

4. She dies.

5. You die..

Divorce does not cancel the Affidavit of Support.... So you may well have to count her in you calculations of Household totals when completing your new Affidavit of Support....

Kez

Not to only be saying "me too", but, well, this interpretation is also the way I understand AOS.

Part 5 number 25 F on the I-864 is where the household size is calculated. There, you will see this.

If you have sponsored any other persons on an I-864 or I-864 EZwho are now lawful permanent residents, enter the number here.

On the initial I-134, it's section nine, where you will read this.

That I have previously submitted affidavit(s) of support for the following person(s). If none, state "None."

So, yes, unless one of the conditions already mentioned is fulfilled, you will be counting your first K1 applicant. If one of those conditions is met, you still count them on the form, but I suppose you could attach a cover letter indicating why you think your obligation has ceased, if needed.

One probably could attach such a letter, but it'd be pointless for them to do so (given the clear instructions laid out on the form).

It wouldn't change how you fill out the form but if you qualify for two and not for three, and the previously sponsored immigrant is dead or a citizen, I think it's a fight worth fighting, if needed. In most such cases a joint sponsor would be preferrable.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

The answer will depend on several things.... is your ex-wife still in the US? Was she approved for a greencard? has she worked in the US?

If you filed for AOS for your ex-wife then you are still bound by the Affidavit of Support unless on of the following happens...

1. She leaves the US permenently

2. She earns 40 Social Security Credits (10 Years of working)

3. She becomes a US Citizen

4. She dies.

5. You die..

Divorce does not cancel the Affidavit of Support.... So you may well have to count her in you calculations of Household totals when completing your new Affidavit of Support....

Kez

Not to only be saying "me too", but, well, this interpretation is also the way I understand AOS.

Part 5 number 25 F on the I-864 is where the household size is calculated. There, you will see this.

If you have sponsored any other persons on an I-864 or I-864 EZwho are now lawful permanent residents, enter the number here.

On the initial I-134, it's section nine, where you will read this.

That I have previously submitted affidavit(s) of support for the following person(s). If none, state "None."

So, yes, unless one of the conditions already mentioned is fulfilled, you will be counting your first K1 applicant. If one of those conditions is met, you still count them on the form, but I suppose you could attach a cover letter indicating why you think your obligation has ceased, if needed.

One probably could attach such a letter, but it'd be pointless for them to do so (given the clear instructions laid out on the form).

It wouldn't change how you fill out the form but if you qualify for two and not for three, and the previously sponsored immigrant is dead or a citizen, I think it's a fight worth fighting, if needed. In most such cases a joint sponsor would be preferrable.

If the previously sponsored were dead or a citizen, I think it probably would change how you fill out the form, wouldn't it?

PS - I'm not 'arguing' with you. My initial comment was only to say that the form is what it is and the law is what it is, and if you sponsored someone previously you have to count them - whether you like it or not. (Unless of course they meet one of the qualifiers.)

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from what im reading, im obligated to support my first k-1, although I havent heard from her in a year..

how does this affect my current k-1 appliction? my fiance will be going to her interview soon..

am I expected to qualify for three in a household instead of two? or how does this work??

The answer will depend on several things.... is your ex-wife still in the US? Was she approved for a greencard? has she worked in the US?

If you filed for AOS for your ex-wife then you are still bound by the Affidavit of Support unless on of the following happens...

1. She leaves the US permenently

2. She earns 40 Social Security Credits (10 Years of working)

3. She becomes a US Citizen

4. She dies.

5. You die..

Divorce does not cancel the Affidavit of Support.... So you may well have to count her in you calculations of Household totals when completing your new Affidavit of Support....

Kez

Not to only be saying "me too", but, well, this interpretation is also the way I understand AOS.

Part 5 number 25 F on the I-864 is where the household size is calculated. There, you will see this.

If you have sponsored any other persons on an I-864 or I-864 EZ who are now lawful permanent residents, enter the number here.[/b]

On the initial I-134, it's section nine, where you will read this.

That I have previously submitted affidavit(s) of support for the following person(s). If none, state "None."

So, yes, unless one of the conditions already mentioned is fulfilled, you will be counting your first K1 applicant. If one of those conditions is met, you still count them on the form, but I suppose you could attach a cover letter indicating why you think your obligation has ceased, if needed.

One probably could attach such a letter, but it'd be pointless for them to do so (given the clear instructions laid out on the form).

It wouldn't change how you fill out the form but if you qualify for two and not for three, and the previously sponsored immigrant is dead or a citizen, I think it's a fight worth fighting, if needed. In most such cases a joint sponsor would be preferrable.

If the previously sponsored were dead or a citizen, I think it probably would change how you fill out the form, wouldn't it?

PS - I'm not 'arguing' with you. My initial comment was only to say that the form is what it is and the law is what it is, and if you sponsored someone previously you have to count them - whether you like it or not. (Unless of course they meet one of the qualifiers.)

Maybe we're already on the same page and don't know it. Perhaps you missed the red portion of my post. It looks a lot like what I've bolded in yours. Where we would differ is that meeting a qualifier apparently would not change how you fill the I-134 form, based on its language. That's why I suggested the letter for such a circumstance. Dead or a Citizen would change how you fill the I-864 but the other qualifiers wouldn't. In the latter, you see the keywords "who are now". In the former, it's simply "previously submitted".


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Maybe we're already on the same page and don't know it. Perhaps you missed the red portion of my post. It looks a lot like what I've bolded in yours. Where we would differ is that meeting a qualifier apparently would not change how you fill the I-134 form, based on its language. That's why I suggested the letter for such a circumstance. Dead or a Citizen would change how you fill the I-864 but the other qualifiers wouldn't. In the latter, you see the keywords "who are now". In the former, it's simply "previously submitted".

I think I did miss the 'red part'.

Personally, if I had previously sponsored a person and they met ANY of the qualifiers, I wouldn't count them on either form, despite what the instructions say. I'd definitely explain the previous sponsorship in a cover letter even to the detail of that immigrants A number (if available to me) and then I would cite why I didn't include them on my affidavit.

But that's just me. I'm not going to take form instructions so literally that my completion of them could cause me an RFE or denial for creating my own bad situtation.

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Personally, if I had previously sponsored a person and they met ANY of the qualifiers, I wouldn't count them on either form, despite what the instructions say. I'd definitely explain the previous sponsorship in a cover letter even to the detail of that immigrants A number (if available to me) and then I would cite why I didn't include them on my affidavit.

But that's just me. I'm not going to take form instructions so literally that my completion of them could cause me an RFE or denial for creating my own bad situtation.

Since we're talking hypothetical, wouldn't you still be concerned with an RFE because you had explained your previous sponsorship in your cover letter but didn't put them on the A. of Support? I mean, I'm all about following the intent, rather than the letter, and I'm more inclined to agree that having to continue to "support" (for purposes of filing) someone who's run off into the night is BS. But this is a strategy that could backfire, not just at the service center but maybe even at the consulate interview where it might be pretty late in the game to try to find an additional sponsor.

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Personally, if I had previously sponsored a person and they met ANY of the qualifiers, I wouldn't count them on either form, despite what the instructions say. I'd definitely explain the previous sponsorship in a cover letter even to the detail of that immigrants A number (if available to me) and then I would cite why I didn't include them on my affidavit.

But that's just me. I'm not going to take form instructions so literally that my completion of them could cause me an RFE or denial for creating my own bad situtation.

Since we're talking hypothetical, wouldn't you still be concerned with an RFE because you had explained your previous sponsorship in your cover letter but didn't put them on the A. of Support? I mean, I'm all about following the intent, rather than the letter, and I'm more inclined to agree that having to continue to "support" (for purposes of filing) someone who's run off into the night is BS. But this is a strategy that could backfire, not just at the service center but maybe even at the consulate interview where it might be pretty late in the game to try to find an additional sponsor.

Only if they met the qualifiers would I 'disclude' the immigrant. If I wasn't certain of it, or couldn't prove it, I wouldn't follow the tactic.

I'm not sure I quite understand what you are saying.

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Only if they met the qualifiers would I 'disclude' the immigrant. If I wasn't certain of it, or couldn't prove it, I wouldn't follow the tactic.

I'm not sure I quite understand what you are saying.

Yeah, me either. Sorry, I wrote this before the first cup of coffee. At work now, re-reading the thread, and...never mind. Disregard. :)

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we are near the interview date.... I reported the previous k-1 in the application..

I just noticed it when I went to fill out the I-134 and so it would appear I need to qualify for three rather than two.

I have to check, but I think my income does do that... but I dont have the room I thought I had before..

I had thought that once she gained permanant residence status and removal of conditions, I was clear,

but apparently she has to be a citizen... and thats a couple more years I think... i dont know..

I have no idea where she is... and have had zero contact.. for a year..

Edited by Seattle2Cebu

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we are near the interview date.... I reported the previous k-1 in the application..

I just noticed it when I went to fill out the I-134 and so it would appear I need to qualify for three rather than two.

I have to check, but I think my income does do that... but I dont have the room I thought I had before..

I had thought that once she gained permanant residence status and removal of conditions, I was clear,

but apparently she has to be a citizen... and thats a couple more years I think... i dont know..

I have no idea where she is... and have had zero contact.. for a year..

Citizenship isn't automatic either. Many never pursue it.


Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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