I-134 and dependents (K-3 interview)

[honestlyspkng 0]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

[Anh map 2,098]

Yes. If you're not sure if she's either a USC or left the country you should include her in the household size calculation.

[I Miss Her 0]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

[honestlyspkng 0]

Thanks for the replies. In reading the 864 agaiin, it appears that she must leave the country, become a USC or die. Otherwise the affidavit is in force for 40 work quarters which equates to ten years. Just not sure she is in the country or of her status. I have heard that her green card expired some time ago, but no other info available to me. I don't want to be dishonest or tell them anything I do not know to be true. Was thinking of listing the affidavit as I filed it and noting "possible expired green card", "possiby left the US"

Any ideas anyone?

[Dakine 26]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

Edited March 28, 2009 by Haole

[Gary and Alla 3,694]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

True, divorce definitely does NOT end responsibilities under the I-864. My question was would the person still be considered a "full dependent" for the purposes of calculating family size? From what I have read of the I-864, (and by association the I-134) the answer is YES.

As far as the poster being incorrect, well it is best to be accurate, we all make mistakes and the purpose of open forums is to be able to get a concensus and correct wrong information. That said, it is best not to answer if you don't know.

It would be best if you could determine she has left the country. It is possible she has if her GC is expired. Do you have any way to find out?

[I Miss Her 0]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

Please, mind your language.

My mistake. I probably explain this before as per binding with federal law “Divorce does not end the sponsorship obligation (from I-864 form).

If the sponsored immigrant is an adult, he or she probably can, in a divorce settlement, surrender his or her right to sue the sponsor to enforce an affidavit of support. The sponsored immigrant and the sponsor (or joint sponsor) may not, however, alter the sponsor's obligations to DHS and to benefit granting agencies (as per Federal Register final rule announcement on June 21, 2006).

Same federal register announcement (FR Doc 06-5522) says that:

Section 213A of the Act does not provide any basis to say that divorce does, or does not, affect a support obligation under an affidavit of support.

Section 213A of the Act specifies the two circumstances that end the support obligation: The sponsored immigrant's (1) naturalization or (2) having acquired 40 quarters of coverage under the Social Security Act.

The interim rule added two more: (1) The death of the sponsor or sponsored immigrant or (2) the sponsored immigrant's abandonment of status and permanent departure from the United States. These two additional grounds for termination exist as a matter of logical necessity.

This final rule adds two additional situations that will terminate the obligations that result from the signing of a Form I864 or I864A. First, as noted, the interim rule terminated these obligations if the sponsored immigrant ceases to be an alien lawfully admitted for permanent residence and leaves the United States. Second, some aliens who have already been admitted as permanent residents but have become subject to removal apply for a new grant of adjustment of status as a means of relief from removal.

[Gary and Alla 3,694]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

Please, mind your language.

My mistake. I probably explain this before as per binding with federal law “Divorce does not end the sponsorship obligation (from I-864 form).

If the sponsored immigrant is an adult, he or she probably can, in a divorce settlement, surrender his or her right to sue the sponsor to enforce an affidavit of support. The sponsored immigrant and the sponsor (or joint sponsor) may not, however, alter the sponsor's obligations to DHS and to benefit granting agencies (as per Federal Register final rule announcement on June 21, 2006).

Same federal register announcement (FR Doc 06-5522) says that:

Section 213A of the Act does not provide any basis to say that divorce does, or does not, affect a support obligation under an affidavit of support.

Section 213A of the Act specifies the two circumstances that end the support obligation: The sponsored immigrant's (1) naturalization or (2) having acquired 40 quarters of coverage under the Social Security Act.

The interim rule added two more: (1) The death of the sponsor or sponsored immigrant or (2) the sponsored immigrant's abandonment of status and permanent departure from the United States. These two additional grounds for termination exist as a matter of logical necessity.

This final rule adds two additional situations that will terminate the obligations that result from the signing of a Form I864 or I864A. First, as noted, the interim rule terminated these obligations if the sponsored immigrant ceases to be an alien lawfully admitted for permanent residence and leaves the United States. Second, some aliens who have already been admitted as permanent residents but have become subject to removal apply for a new grant of adjustment of status as a means of relief from removal.

It is not, and never is, a question of whether the immigrant can sue the former sponsor for support. The I-864 is not a contract between the sponsor and the immigrant and gives the immigrant NO rights or privileges. If it did, the immigrant would sign it. The I-864 is an enforceable contract between the sponsor and the federal government. It allows the federal government to seek reimbursement from the sponsor if the immigrant, during the term of the I-864, seeks means based aid from the government (welfare, WIC, food stamps, housing, etc.)

From all I have read it is necessary for you to "count" her as a dependent, even though she is not and never will be, becuase of this possible future obligation. Silly, if you ask me, and a flaw in the system. I can see keeping you on the hook for 10 years, but to count her as a "dependent" is a bot overboard, but my opinion has really very small affect on State Dept. policy regarding visas. Really small.

I would really be looking for proof she left the country. Though if your income is sufficeint that counting her is not an issue, I wouldn't lose sleep over it.

[payxibka 10,044]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

Please read the I-864... Dependents are listed on a different line than previously sponsored aliens... So bottom line is your ex wife is technically not a dependent but may still need to be reflected on the I-864 calculation.

Persons NOT sponsored in this affidavit:

b. Yourself.

e. If you have any other dependents, enter the number here.

c. If you are currently married, enter "1" for your spouse.

d. If you have dependent children, enter the number here.

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.

[Anh map 2,098]

I was in the same position regarding an ex-spouse and had to include her(former wife) in the household size calculations on the I-864.

I-864 Part 5 Sponsor Household Size, Question 21, f. is where you would enter 01 to account for your former spouse

[Gary and Alla 3,694]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

Please read the I-864... Dependents are listed on a different line than previously sponsored aliens... So bottom line is your ex wife is technically not a dependent but may still need to be reflected on the I-864 calculation.

Persons NOT sponsored in this affidavit:

b. Yourself.

e. If you have any other dependents, enter the number here.

c. If you are currently married, enter "1" for your spouse.

d. If you have dependent children, enter the number here.

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.

I appreciate the clarification for the I-864, really. What about the I-134? Would a previously sponsored immigrant, still within the time constraints for the I-864, be considered a dependent and counted in family size for the I-134 at the interview? I cannot find any specific wording that would say "no" though I do not think it is correct.

[pushbrk 12,248]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

This is dead wrong. The OP provided an affidavit of support for this former wife and it's still in force. He must count her and if she brought any children they count too. Please understand the question before you answer. This is the second time I've read one of your answers today that simply was wrong for the question.

[payxibka 10,044]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

Please read the I-864... Dependents are listed on a different line than previously sponsored aliens... So bottom line is your ex wife is technically not a dependent but may still need to be reflected on the I-864 calculation.

Persons NOT sponsored in this affidavit:

b. Yourself.

e. If you have any other dependents, enter the number here.

c. If you are currently married, enter "1" for your spouse.

d. If you have dependent children, enter the number here.

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.

I appreciate the clarification for the I-864, really. What about the I-134? Would a previously sponsored immigrant, still within the time constraints for the I-864, be considered a dependent and counted in family size for the I-134 at the interview? I cannot find any specific wording that would say "no" though I do not think it is correct.

I-134 is typically in effect for such a short period of time and has not proven to be enforceable so not sure it much matters

[honestlyspkng 0]

one other thought would be that the government automtically considers any person for which an affidavit of support has been submitted, a dependant. But then there is the difference duration of the I-134 and 864 that the app does not account for in the question of dependency. If I list her as the one for whom I have signed an AOS for and also as a dependent, will they glance at the form and add the number of dependents to the number of people I have signed an AOS for in the past and over count?

[pushbrk 12,248]

In 2003 I file an affidavit of support formy former wife who I have since divorced and have not seen since 2004. She may not even be in the country now, but will I need to list her as a dependent on my I-134 for my presents wife's interview?

Interview April 9 and we may be together in a few weeks.

Thanks all

You are officially divorced so she is no more legally depending on you.

That's bullsh!t. Where do you get your information? Most of the time you are wrong with your post . Get your act together or don't post!

Divorce doesn't remove the petitioner from their responsibilities of the I-864.

Please read the I-864... Dependents are listed on a different line than previously sponsored aliens... So bottom line is your ex wife is technically not a dependent but may still need to be reflected on the I-864 calculation.

Persons NOT sponsored in this affidavit:

b. Yourself.

e. If you have any other dependents, enter the number here.

c. If you are currently married, enter "1" for your spouse.

d. If you have dependent children, enter the number here.

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.

I appreciate the clarification for the I-864, really. What about the I-134? Would a previously sponsored immigrant, still within the time constraints for the I-864, be considered a dependent and counted in family size for the I-134 at the interview? I cannot find any specific wording that would say "no" though I do not think it is correct.

I-134 is typically in effect for such a short period of time and has not proven to be enforceable so not sure it much matters

There is no place for the petitioner to actually calculate household size on the I-134 but it does ask about previous affidavits of support and previous petitions (questions you must answer truthfully) so you can expect the CO to make the calculation just like the I-864. With that in mind, I'd plan to meet the same requirements or get a co-sponsor.